中国海事商事仲裁资讯2023年第4季度,2023Q4

China Newsletter on Maritime and Commercial Arbitration (CHNOMACA)

The decision of the National People's Congress on Revision of Law on Legislation of the PRC adopted

FROM:CMAC | 2023-03-15

The decision of the National People's Congress on Revision of Law on Legislation of the PRC was adopted by the First Session of the 14th National People's Congress on March 13 2023, and is hereby promulgated for implementation as of March 15 2023.

The main highlights of the revision in strengthening and improving the legislative activities of NPC are:

Firstly, it improves and enriches general provisions, highlights the legislation adhere to the leadership of the CPC, conforms to the provisions, principles and spirit of the Constitution Law, and safeguards the unity, dignity and authority of the legal system. People-centered approach and whole process of people's democracy shall be adhered to, It advocates consolidating strong sense of community for the Chinese nation and core socialist values. Legislation shall meet the needs of reform, and adheres to the unity of promoting reform under the rule of law and improving the rule of law in reform.

Secondly, it strengthens the implementation and supervision of the Constitution Law justifying the links of explanations and unified deliberation of drafts of laws and the requirements for constitutional review in the filing and review work.

Thirdly, it improves the institutional mechanism for linking and unifying legislation and decision-making on reform, and further improves the authorization decision system.

Fourthly, it perfects the legislative procedures and working mechanisms of the NPC and its Standing Committee which implements and embodies the major concept of the whole process of people's democracy, and increases the provisions on study and discussion of the drafts of laws and relevant provisions of grassroots legislative contact points. Not only the the formality of legislation is expanded but also adding provisions to form a scientific, complete, unified and authoritative legal normative system through various forms such as the formulation, revision, repeal, interpretation of laws and codification of codes, and clarify decisions on legal issues, special legislative plans, legislative technical specifications, and so forth.

Fifthly, it is necessary to increase provisions for people's local congresses and their standing committees to jointly formulate local regulations and establish regional coordinated legislative work mechanisms in accordance with the needs of coordinated regional development.

Sixthly, it improves the record and review system for normative documents, adding provisions for active review and special review, linkage mechanism for filing review, and revision of laws and regulations.

(Source: Partly from NPC Website, author: LI Qianwen, all-media reporter of "Chinese University")