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A summary of the legal work of the State Council in 2017
Release time:2018-01-19

       In 2017, the State Council on the legal work of Comrade Xi Jinping at the core of the strong leadership of the CPC Central Committee, hold high the great banner of socialism with Chinese, socialist ideology China characteristics of Xi Jinping new era as the guidance, and resolutely safeguard the party taking comrade Xi Jinping as the core of Central authority and centralized leadership, firmly implement the Party Central Committee and the State Council's major decisions and arrangements, implementation as a new, show the new weather, has made new achievements.


       Last year, the State Council held the 12 executive meeting discussed and adopted 12 laws of motion and administrative regulations, the approval of the 15 law of motion and administrative regulations, and promote the development of good law to guarantee good governance. The reform of the service "tube clothing" was carried out in 5 batches to the Standing Committee of the National People's Congress to revise the 13 laws, to revise the 53 administrative regulations and to abolish the 3 administrative regulations. We have completed the special clean-up work of the party's eighteen laws and regulations and regulatory documents related to the reform measures. We have amended more than 88100 pieces of more than 240 regulations, more than 2200 regulations and normative documents. More than 2000 documents are put forward for legal review, and the legal review of legal review is made for major decision making measures. Clean up all over the completion of the administrative reconsideration cases in one year after finishing in 3847 cases in the past eight years to conventional speed banjie. We need to carry out the following three systems, namely, administrative law enforcement, publicity, law enforcement, whole process records, major law enforcement decisions, legal review, and supervision by law based government.


       First, resolutely implement the major decision of the Party Central Committee and the State Council and complete the key legislative projects with high quality and high efficiency


       Adhere to the convergence, the legislative process and the reform of the legislative decision-making initiative to adapt to the requirements of the reform, deepen reform and comprehensively promote the government legislation to where, where follow-up service, promote the overall development of the "five in one" overall layout and coordination to promote the "four comprehensive" strategy, adhere to the general work guideline of stability, and constantly improve the quality and efficiency of work do the law guarantee for the stability of reform and development.


       One is to adapt to the economic development of the new normal requirements, the implementation of the new concept of development, promote the economic development of the high quality, the NPC Standing Committee of tonnage tax law, tax law, tobacco standardization method, on the extension part of the rural land contract management rights and property rights of farmers housing mortgage pilot period decision, on the Guangzhou Shenzhen Hong Kong JiuLong Railway Station in Tiexi to set up the port "cooperate arrange a two check" to determine legal bill, make regulations, supervision and management of undocumented unlicensed and Guarantee corporation financing way, the provisional regulations, revised tax repeal business tax provisional regulations and administrative regulations. The two is to protect and improve people's livelihood, improve the ecological environment, cultural prosperity, and promote social harmony and stability, the NPC Standing Committee to consider the draft law on public libraries and develop disability prevention and rehabilitation Ordinance, volunteer service regulations, the environmental protection law implementing regulations, amend the regulations on religious affairs, education of disabled persons Ordinance, regulations, supervision and management of medical major water conservancy and hydropower project construction land requisition compensation and resettlement regulations, pesticide management regulations, construction project environmental protection management regulations and other administrative regulations. The three is for the protection of the army and the armed forces of reform, to safeguard national security, the NPC Standing Committee of the people's armed police forces during the Chinese reform to temporarily adjust the draft decision pursuant to the provisions of the applicable law, formulate detailed rules for the implementation of the Espionage Act, China revised the people's Liberation Army civilian personnel regulations and administrative regulations. Four is to regulate the administrative behavior, strengthen the self construction of the government, formulate regulations for the implementation of regulations, organizations construction Loutangguansuo management statistics, the revised administrative regulations on procedures for the formulation of rules and procedures for the formulation of administrative regulations. The five is to promote and protect the reform of "putting the tube into service" according to law. In 2 batches, it was submitted to the Standing Committee of the National People's Congress to consider a package of amendments to the bill, 13 amendments to the law, and 3 batches of amendments to 53 administrative regulations and 3 abolition. The six is to promote the construction of new international relations, to build a common destiny of mankind, and actively promote the "The Belt and Road international cooperation, the completion of the audit of frontier defense cooperation agreement, members of the Shanghai cooperation organization, the Asia Pacific trade agreement the second amendment, the first Sino Russian borders the joint inspection results of protocol 14 kinds of international treaties. In addition, but also with the National People's Congress for consideration of the general principles of civil law, civil procedure law and administrative procedure law, rural land contract law, water pollution control, soil pollution prevention law, anti unfair competition law, enterprise income tax law, the Red Cross law, nuclear safety law, surveying and mapping law, e-commerce law draft.

       Two, conscientiously carry out the strategic deployment of the Party Central Committee in the whole of the rule of law and promote the construction of the government under the rule of law


       In order to adapt to the new situation and tasks of comprehensively promoting the rule of law and speeding up the construction of a rule of law government, we should put a more important and prominent position in promoting the construction of the rule of law government in the light of the weak links in promoting the construction of the rule of law government, such as the lack of responsibility and the unbalanced development. The first is to give full play to the important role of the supervision and command rod. The Legislative Affairs Office of the State Council has carefully studied and formulated the supervision work plan of the rule of law government. It has been approved by the State Council, and has written supervision and field supervision, comprehensive supervision and key supervision. While carrying out written supervision on the construction of rule of law in 82 regions and departments, the Legislative Affairs Office of the State Council went to 5 provinces (autonomous regions) to carry out on-site supervision, and further promoted the implementation of various tasks of the rule of law government. Two is a solid promotion of the "three systems" of administrative law enforcement. The whole process of administrative enforcement, publicity and law enforcement, and the law enforcement of major decisions are the three most important and crucial links in administrative law enforcement. They are of a strong role in promoting strict, standardized, fair and civilized law enforcement. According to the requirements of the CPC Central Committee and the State Council, the State Council Legislative Affairs Office of the lead organization in Tianjin, Hebei, Anhui and the Ministry of land and resources and other 32 places and departments to carry out the "three system" pilot, and achieved remarkable results: the initial establishment of a unified information platform for the implementation of law enforcement, law enforcement, law enforcement, law enforcement process on the basis of results timely disclosure the formation of a standardized legal enforcement decision audit rules and working mechanism; actively promote the use of audio and video recorders, video recording on the aspects of on-site inspection, investigation and evidence collection, delivery, implementation of the whole process of law enforcement and traces back management, law enforcement, not as chaotic as the prominent problems, brutal law enforcement, brutal enforcement effectively etc. to curb the lawful rights and interests of the masses effectively maintain social parties, the response is very good. The three is to increase publicity and promote the construction of the government under the rule of law. Participate in the preparation of special political documentary "the reform carried out in the end" to the "rule of law" and "China large exhibition endeavour temper five years", fully display the achievements and highlights the construction of government governed by law; legal government construction line legal cadres Chen Yanli and Woodward was elected the 2017 annual national ten rule people, positive energy law passed up; "the construction of the government under the rule of law" column in the China government legal information network, good practice comprehensive publicity about the various localities and departments and the typical experience, highlighting the role model. The four is to promote the annual report by the provincial governments to the public rule of law government. We urge the local government to publish the annual report of the rule of law in a timely manner. In the annual report of the provincial governments published in the Chinese government's legal information network, we show the effectiveness of the rule of law government, and speed up the efficiency of the rule of law government through mass supervision and social supervision.

Three. To strengthen the clean up and record examination of regulatory and regulatory documents, and earnestly safeguard the unity, dignity and authority of the state's legal system


       In order to ensure the smooth implementation of the reform decisions of the CPC Central Committee and the State Council and ensure the implementation of the national laws and regulations in a comprehensive and correct way, we should further intensify the work of clean-up and filing review. One is to resolutely implement the Party Central Committee and the natural protection area of ecological and environmental damage dealt with the State Council Gansu Qilian Mountains national decision spirit, immediately organized all localities and departments to carry out the construction of ecological civilization and local environmental protection laws and regulations and normative documents cleanup. By the end of 2017, various departments and departments had abolished more than 9100 local regulations, more than 260 regulations and normative documents, which effectively prevented the issue of "legislature releasing water", lowering standards and loosening control and control, etc. at the end of 2017. The two is to ensure the effective implementation of the reform measures of "putting the tube into service" according to law, and organize the departments in all regions to carry out the reform of "putting the tube into service" and restricting the special rules and regulations of new energy development. By the end of 2017, more than 1900 departments and more than 79000 normative documents had been amended by different departments and departments, and more than 750 special administrative regulations have been cleared up. The system barriers that will impede the landing of reform measures have been effectively eliminated. The three is for the effective implementation of "essential pieces and prepared will trial, Mistakes must be corrected whenever discovered", to refer to a "pipe service reform matters department regulations to carry out special review, urge relevant departments to modify the abolition of 25; involved in the audit results as settlement basis" completion of government investment projects. Government regulations to carry out special review, urging local amendment repealed 15; concentrate on the organization for the year 2016 set 1693 regulations for centralized review, commissioned experts to assist in reviewing for the first half year of 2017 the 740 laws and regulations, the problems timely classification of treatment. Through the record examination, the national unity of legal system and the unimpeded government are effectively maintained.


       Four. All administrative reconsideration adjudication is a backlog of cases, and the guidance and supervision of the national administrative reconsideration and administrative respondent work are constantly strengthened.


       Administrative reconsideration is an important way and way to regulate the law enforcement, to promote the administration by law, to strengthen the government's self correction and to safeguard the legitimate rights and interests of the masses. In recent years, the number of the State Council for administrative reconsideration case decided by the rapid growth year after year, the State Council Legislative Affairs Office to overcome the case much less difficult to implement the October 2016 central inspection group, to 2017 as the years of administrative adjudication backlog of "clean", transferred staff to fight a war of annihilation, innovative ways to make an assault. A total of 5638 administrative reconsideration cases have been carried out throughout the year, and all the years of the backlog of cases have been completed and the goal of clearing the zero has been achieved. In the process of handling cases, we have increased the intensity of notification, interview and error correction in places where common problems and illegal circumstances are outstanding. We should strengthen the guidance and supervision of administrative reconsideration and administrative complaints in various regions and departments, and guide the reform of administrative reconsideration system centered on "centralized administrative reconsideration duties", which has accumulated valuable experience for deepening the reform of administrative reconsideration system in 2018.

       Five, to do a good job of legal review before the introduction of major reform decisions and to take a serious responsibility for the Party Central Committee and the State Council to control the legal system.


       The Central Committee and the State Council attached great importance to the audit of the legitimacy of the major reform decisions. Many times emphasized that the major reform should be based on the law. Most of the decisions before the decision were required by the Legislative Affairs Office of the State Council for legal review. The legal office of the State Council went all out. In 2017, more than 2000 items were handled, of which more than 200 were approved by the Party Central Committee and the leading comrades of the State Council. The legitimacy audit of major reform decisions involves major reform topics in all aspects, such as strong political sensitivity, complex legal relationship, high social concern, and pressing time. Legal Affairs Office of the State Council attach great importance to ideology, put half the strength to complete the task, work meticulous, conscientious, careful and put forward opinions and suggestions, to ensure that the reform of decision-making authority legality, legal procedures and legal content, to ensure that the reform has been comprehensively promote the rule of law at the track.


       Six, promote the publicity and research of the rule of law, the exchange of the rule of law to the outside world, and vigorously carry forward the road, theory, system and culture of the rule of law of socialism with Chinese characteristics


       One is to strengthen the research on the theory and practice of socialist rule of law Chinese characteristics, organizational strength in "people's Daily" and "seeking truth", CCTV and other central media and new media, active voice, comprehensive law propaganda achievement, "criticism of western constitutionalism" and "three powers" of "judicial independence" and "politics" and "rule of Westernization" the trend and tendency. We should do a good job in legislation propaganda. We will publicize and interpret the new administrative regulations promulgated by the head of the Legislative Affairs Office of the State Council, answering reporters' questions and so on. We invite experts and scholars to write articles to interpret the articles and promote the whole society's respect for law and law. A total of hundreds of articles were published in theory, propaganda and interpretation throughout the year. The two is to actively carry out the "China EU, Sino German dialogue on the rule of law", successfully held the seventeenth Sino German dialogue countries under the rule of law seminar, the second China EU legal affairs dialogue, to meet the requirements of our country increasingly closer to the world stage central, actively participate in International rule making era, spread to the world China rule of law and the concept of the rule of law to expand the influence Chinese voice. And appeal. The three is to show the brilliant achievements of the construction of the rule of law of socialism with Chinese characteristics through the legal information network of the Chinese government, and combine the publicity of the rule of law with the common law of the network.


       There should be a new pattern in the new era and new goals for new goals. In order to Comrade Xi Jinping as the core of the strong leadership of the CPC Central Committee, the State Council Legislative Affairs Office will further study and implementation of the spirit of the nineteen Party of socialist thought and Chinese characteristics of the new era of Xi Jinping, at a higher position, more structure, more practical style, more full of energy, and resolutely implement the Party Central Committee and the State Council. Major decisions and arrangements, the performance of their duties, to promote the legal work of the government be enthusiastic and press on, better and faster development, for the comprehensive well-off society and the comprehensive construction of a modern socialist country opens a new journey to provide strong legal protection.

      The source of the article: Xinhua net

Part One:People's Forum: Party character cultivation should be "defeated by slack" Part two:Why repeated emphasis
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