Notice of the General Office of the State Council on Issuing the 2023 Legislative Work Plan of the State Council

General Office of the State Council on the issuance

Notice of the State Council's 2023 Legislative Work Plan

Guo Ban Fa [2023] No. 18

The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions of the State Council and all institutions directly under the State Council:

The "State Council's 2023 Legislative Work Plan" has been approved by the Party Central Committee and the State Council and is hereby issued to you. Please earnestly implement it.

General Office of the State Council

31 May 2023

(This article has been cut)

The State Council's 2023 Legislative Work Plan

2023 is the first year to fully implement the spirit of the 20th National Congress of the Communist Party of China, and an important year for the start of building a modern socialist country in an all-round way. The general requirements of the State Council's 2023 legislative work are: under the strong leadership of the Party Central Committee with Comrade Xi Jinping at the core, adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly study and implement Xi Jinping Thought on the Rule of Law, fully implement the spirit of the 20th National Congress and the First and Second Plenary Sessions of the 20th Central Committee of the Party, and deeply understand the decisive significance of the "two establishments, we will strengthen legislation in key, emerging and foreign-related fields, improve the socialist legal system with Chinese characteristics with the Constitution as the core, promote development and ensure good governance with good laws, and provide a solid legal guarantee for building a modern socialist country in an all-round way and promoting the great rejuvenation of the Chinese nation in an all-round way.

1. conscientiously study, publicize and implement the spirit of the 20th CPC National Congress, and persist in guiding the legislative work of the new era and new journey with Xi Jinping's thought of the rule of law.

The 20th National Congress of the Communist Party of China is a very important meeting held at a critical moment when the whole Party and the people of all ethnic groups are embarking on a new journey of building a modern socialist country in an all-round way and marching towards the goal of the second century. The report of the 20th National Congress of the Communist Party of China profoundly explained a series of major theoretical and practical issues in upholding and developing socialism with Chinese characteristics in the new era, and described a grand blueprint for comprehensively building a modern socialist country and comprehensively promoting the great rejuvenation of the Chinese nation. The development of the party and the country's cause and the realization of the second centenary goal pointed out the way forward and established a guide for action. We must persist in implementing the spirit of the 20th National Congress of the Communist Party of China in the entire process and all aspects of legislative work, and continuously promote the new era and new journey of legislative work to show new atmosphere, achieve new actions, and achieve new results.

Xi Jinping's thought on the rule of law is a major theoretical innovation that combines Marxist theory of the rule of law with the specific reality of China's rule of law construction and with China's excellent traditional legal culture. It is the fundamental follow of the new era and new journey of comprehensively governing the country according to law. The special chapter of the report of the 20th National Congress of the Communist Party of China made major arrangements for "adhering to the comprehensive rule of law and advancing the construction of the rule of law in China", and put forward a series of new concepts, new ideas and new strategies, which further enriched and developed Xi Jinping's rule of law. We must adhere to Xi Jinping's rule of law to guide the legislative work in the new era and new journey, continuously improve the quality and efficiency of legislative work, and better play the role of the rule of law in consolidating the fundamentals, stabilizing expectations, and long-term benefits, and laying a solid foundation for comprehensively promoting the rule of law in all aspects of the country. basis.

2. highlight the key points of legislation and ensure the overall situation of the work of the party and the state with high-quality legislative services.

Closely centering on the major decisions and arrangements made and the objectives and tasks put forward by the 20th CPC National Congress, we should deeply analyze the legislative needs for promoting Chinese-style modernization, persist in highlighting key points, give priority to urgent needs, and arrange legislative projects scientifically and rationally. we will better serve and guarantee the major decisions and arrangements of the party and the state.

In terms of accelerating the construction of a new development pattern and focusing on promoting high-quality development, the Standing Committee of the National People's Congress was requested to review the draft tariff law, the draft atomic energy law, the draft revision of the anti-money laundering law, and the draft revision of the arbitration law. We will formulate regulations on non-bank payment institutions, regulations on the punishment of managers of state-owned enterprises, and regulations on local financial supervision and administration, and revise the provisions of the State Council on the declaration standards for concentration of business operators and the regulations on the administration of commercial passwords. It is prepared to submit to the Standing Committee of the National People's Congress for deliberation of the draft national development planning law, the draft consumption tax law, the draft revised railway law, the draft revised fishery law, the draft revised telecommunications law, the draft revised anti unfair competition law, the draft revised metrology law, the draft revised foreign trade law, the draft revised accounting law, the draft revised certified public accountant law, the draft revised tax collection and management law, the draft revised commercial bank supervision and management law, The revised the People's Bank of the People's Bank of China. We will prepare to formulate regulations on urban public transport, several provisions of the State Council on the comprehensive management of anti smuggling, regulations on the supervision and administration of listed companies, and revise the regulations on road transport.

In terms of steadily advancing administration according to law and accelerating the construction of a government under the rule of law, the Standing Committee of the National People's Congress was submitted to the Standing Committee of the National People's Congress for deliberation on the revised draft of the Public Security Management Punishment Law. Revision of the Measures for the Implementation of the Archives Law. It is prepared to submit to the Standing Committee of the National People's Congress for deliberation of the revised draft of the road traffic safety law, the revised draft of the people's police law, the revised draft of the customs law, the revised draft of the statistics law, the draft of the organ operation guarantee law, the revised draft of the prison law and the revised draft of the lawyer law. Prepare to formulate regulations on the sharing of government data, prepare to revise the regulations on the procedures for the formulation of administrative regulations, the regulations on the procedures for the formulation of regulations, and the regulations on the filing of regulations and regulations. Improve the legal system for ethnic work. Promote national anti-corruption legislation.

In terms of implementing the strategy of rejuvenating the country through science and education and promoting cultural self-confidence and self-improvement, the Standing Committee of the National People's Congress is submitted to the Standing Committee of the National People's Congress for deliberation on the revised draft of the Cultural Relics Protection Law, the revised draft of the Science and Technology Popularization Law, the draft of the Degree Law, and the draft of the Preschool Education Law. Formulate regulations on the protection of minors on the Internet and amend the detailed rules for the implementation of the Patent Law. It is prepared to submit to the Standing Committee of the National People's Congress for consideration of the revised draft of the Teachers Law, the draft of the Radio and Television Law, and the draft of the Artificial Intelligence Law. Preparing to formulate regulations on the safety management of biotechnology research and development, and preparing to amend the regulations of the National Natural Science Foundation. Strengthen the legal protection of intellectual property rights.

In terms of improving people's livelihood and welfare and improving people's quality of life, the Standing Committee of the National People's Congress is submitted to the Standing Committee of the National People's Congress for deliberation on the revised draft of the infectious disease prevention and control law, the revised draft of the frontier health and quarantine law, the draft of the public health emergency response law, and the draft of the social assistance law. Formulate regulations on the handling of social insurance, and amend regulations on pensions and preferential treatment for military personnel and regulations on human organ transplantation. It is prepared to submit to the Standing Committee of the National People's Congress for deliberation of the draft law on pharmacists, the draft law on medical security, and the revised draft of the organic law of urban residents' committees. Prepare to formulate regulations for the implementation of the Consumer Rights Protection Law, regulations on the management of clinical research and transformation and application of new biomedical technologies, and prepare to amend the urban water supply regulations, the national fitness regulations, and the anti-doping regulations.

In terms of promoting green development and promoting the harmonious coexistence of man and nature, the Standing Committee of the National People's Congress is submitted to the Standing Committee of the National People's Congress for deliberation on the draft revision of the Mineral Resources Law and the draft Energy Law. Formulate ecological protection compensation regulations and water conservation regulations. It is prepared to submit to the Standing Committee of the National People's Congress for consideration of the draft amendments to the Entry and Exit Animal and Plant Quarantine Law and the draft National Park Law. Preparing to formulate interim regulations on the management of carbon emissions trading and preparing to revise the regulations on the management of ozone-depleting substances.

In terms of improving the national security rule of law system and safeguarding national security and social stability, the Standing Committee of the National People's Congress is submitted to the Standing Committee of the National People's Congress for deliberation of the draft food security law and the revised draft of the law on guarding state secrets. Formulate network data security management regulations, coal mine safety production regulations, consular protection and assistance regulations, unmanned aircraft flight management provisional regulations. It is prepared to submit to the standing Committee of the National people's Congress for deliberation the draft law on the protection of cultivated land, the draft law on the safety of dangerous chemicals, the draft law on the national comprehensive fire and rescue team and personnel, and the draft revision of the civil aviation law. Preparing to formulate regulations on the export control of dual-use items and to revise the measures for the use of the national emblem design to the outside world. Improve the legal system for the prevention and control of cybercrime.

We should pay close attention to the legislative work involved in the reform of the party and state institutions and the transformation of government functions.

To speed up the modernization of national defense and the armed forces, draft laws that need to be submitted to the National People's Congress and its Standing Committee for deliberation, as well as administrative regulations that need to be formulated and revised, shall be submitted to the State Council and the Central Military Commission for deliberation in due course.

In order to promote world peace and development, actively participate in the reform and construction of the global governance system, promote the construction of a community with a shared future for mankind, and carry out the review of relevant international treaties.

For other legislative projects assigned by the Party Central Committee and the State Council, we should pay close attention to handling them and complete the drafting and review tasks as soon as possible.

For other legislative projects under study but not included in the legislative work plan, the relevant departments will continue to study and demonstrate.

3. improve the legislative system and mechanism, and continuously improve the quality and efficiency of legislative work

and uphold and strengthen the party's overall leadership over legislative work. Unswervingly adhere to the centralized and unified leadership of the Party Central Committee as the highest political principle of legislative work, improve the party's leadership system that overlooks the overall situation and coordinates all parties, improve the implementation mechanism of the Party Central Committee's major decision-making arrangements, and ensure that the political position, political direction, and political principles Maintain a high degree of consistency with the Party Central Committee with Comrade Xi Jinping at the core on the political road. Always carry out legislative work around the major decisions and deployments of the Party Central Committee, implement the party's leadership in all aspects of legislative work, and ensure that the party's propositions become the will of the state through legal procedures. Conscientiously implement the spirit of General Secretary Jinping's important speech and important instructions on legislative work, and take the major legislative matters determined by the Party Central Committee and the major legislative projects assigned by the Party Central Committee as the top priority of legislative work to ensure high-quality and efficient completion. Major decisions, major issues, and important situations in legislative work should be reported to the Party Central Committee in a timely manner in accordance with procedures, and legislative work plans and major legislative projects should be submitted to the Central Committee for Comprehensive Rule of Law for deliberation as required. The legal status of the party's leadership-related work is clearly stipulated in important laws and regulations, and the review of important draft laws and regulations should explain the implementation of the party's leadership requirements.

Strengthening the synergy between government legislation and NPC legislation. We should actively do a good job in linking up with the legislative plan, annual legislative plan and special legislative plan of the Standing Committee of the National People's Congress, and conscientiously make preparations for the deliberation of legal cases. When drafting draft laws, relevant departments should take the initiative to strengthen contact and communication with relevant special committees and working organs of the Standing Committee of the National People's Congress. Where the law explicitly requires supporting provisions, the relevant departments shall make provisions as required to ensure the effective implementation of the law. We should give full play to the important role of NPC deputies in legislative work, pay attention to listening to the opinions of NPC deputies in relevant fields or with relevant professional backgrounds, and better combine the handling of NPC deputies' suggestions with legislative work.

Deeply promote scientific legislation, democratic legislation and legislation in accordance with the law. Adhere to the unity of advancing reforms under the rule of law and improving the rule of law in reforms, and guide, promote, standardize, and guarantee major national reforms. Adhere to scientific legislation, in-depth analysis of new situations and new problems, respect the objective laws of economic and social development, and enhance the pertinence and applicability of the legal system. Adhere to democratic legislation, strengthen legislative investigation and research, expand the coverage and representativeness of public participation in legislation, and give better play to the role of the "through train" of grassroots legislative contact points that are grounded, observe people's sentiments, listen to public opinion, and gather people's wisdom. Persist in legislation in accordance with the law, embody the provisions, principles and spirit of the Constitution in various laws and regulations, earnestly implement the newly revised legislative law, and ensure that the legislation conforms to the spirit of the Constitution and the provisions of the superior law. We should make overall plans for the establishment, reform, abolition and interpretation, speed up the cleaning up of laws and regulations that do not meet the requirements of economic and social development and do not meet the provisions of the superior law, pay attention to the convergence and coordination between laws and regulations, and give better play to the important role of laws and regulations at different levels. We will improve and strengthen the work of filing and examination, adhere to the principle of "everything is necessary, preparation must be examined, and mistakes must be corrected", strengthen the capacity building of filing and examination, increase the intensity of examination, improve the quality and efficiency of examination, and better safeguard the unity of the rule of law in the country.

Continuously improve the level of local legislative work. Local people's governments with legislative power should combine the needs of local economic and social development and the needs of the people, promote the fine construction of legislation, and give full play to the role of local legislation in implementation, supplement and exploration. It is necessary to further improve the legislative work system, flexibly use "small incision" and "small quick spirit" legislation, and continuously improve the quality and efficiency of local legislative work. Local legislative authority and procedures should be strictly observed, and ultra vires legislation, duplication of legislation and blind legislation should be avoided. It is necessary to establish and improve the working mechanism of regional collaborative legislation, conscientiously summarize the practical experience of regional collaborative legislation innovation, and improve the level of regional collaborative legislation.

Vigorously strengthen the construction of the legislative work team. Highlight political standards, educate and guide the legislative work team to always insist on using Xi Jinping's new era of socialism with Chinese characteristics to unify thinking, unify will, and unify actions, in-depth study and implementation of Xi Jinping's rule of law, and continue to promote revolutionization, regularization, specialization, and professionalization. In accordance with the decision and deployment of the Party Central Committee on the training of legal talents, there are plans to organize special training, enrich the practical training platform, and do a good job in the training and reserve of high-quality legislative talents. Vigorously strengthen the construction of the legislative work team of cities and autonomous prefectures divided into districts, match and strengthen the necessary work force, and continuously improve the political quality, legal literacy and practical ability of legislative staff.

4. Strengthen Responsibility and Effectively Implement the Legislative Work Plan

All departments of the State Council should attach great importance to legislative work, strictly implement legislative work plans, strengthen organizational leadership, improve working mechanisms, promote the implementation of tasks, and give full play to the basic and guaranteed role of legislation in comprehensively promoting the rule of law in all aspects of national work.

The drafting department must earnestly perform the drafting duties, do a solid job in research and demonstration, opinion collection, risk assessment, etc., and complete the drafting tasks with high standards and high quality in accordance with the requirements of the legislative work plan. It is necessary to conduct in-depth investigation and research, adhere to the problem orientation, accurately grasp the outstanding problems existing in the work, and study and put forward targeted solutions. We should pay attention to listening to the opinions of all parties. If the responsibilities of other departments are involved, they should be fully consulted. If the division of responsibilities of departments, administrative licensing, financial support and preferential tax policies are involved, the consent of relevant departments such as organization establishment, examination and reform, finance and taxation should be obtained. It is necessary to strengthen communication and coordination with relevant departments, and major differences of opinion that are difficult to resolve should be reported in a timely manner in accordance with procedures. It is necessary to strengthen communication with the Ministry of Justice and promptly inform the solicitation of opinions from all sides, major differences of opinion and their coordinated handling.

The Ministry of Justice should conscientiously perform its duties of legislative review, strengthen the examination and control of legislative projects, strengthen overall planning, organization and coordination, and comprehensively promote the implementation of legislative work plans. For major legislative projects that urgently need to be introduced, co-ordinate forces, intervene in advance, speed up the promotion, and jointly draft and jointly report when necessary. It is necessary to strictly control the quality of the review, ensure that the draft laws and regulations comply with the provisions, principles and spirit of the Constitution, and follow the relevant requirements of the Legislative Law and the procedural regulations for the formulation of administrative regulations. It is necessary to coordinate the promotion of legislative projects, strengthen consultation, research and judgment, supervision and guidance, and ensure that they are submitted for consideration on schedule. It is necessary to strengthen the coordination of legislation, be good at "cutting a knife" on the focus of contradictions, and avoid the long delay of legislative projects due to individual disagreements. If a consensus cannot be reached after full coordination, the Ministry of Justice and the drafting department shall report and put forward work suggestions in a timely manner in accordance with the procedures.

Annex

The State Council's 2023 Legislative Work Plan is clear.

Legislative items and units responsible for drafting

1. bills to be submitted to the Standing Committee of the National People's Congress for deliberation (17)

1. Draft Food Security Law (drafted by the National Development and Reform Commission and the State Grain and Reserve Bureau)

2. Revised draft of the Law on the Prevention and Control of Infectious Diseases (drafted by the National Health Commission and the National Bureau of Disease Control and Prevention)

3. Revised draft of the Cultural Relics Protection Law (drafted by the Ministry of Culture and Tourism and the State Administration of Cultural Heritage)

4. Revised draft of the Public Security Administration Punishment Law (drafted by the Ministry of Public Security)

5. Draft Revision of the Law on Border Health and Quarantine (Drafted by the General Administration of Customs)

6. Draft revision of the Mineral Resources Law (drafted by the Ministry of Natural Resources)

7. Revised draft of the Law on Popularization of Science and Technology (drafted by the Ministry of Science and Technology)

8. Draft Public Health Emergency Response Law (drafted by the National Health Commission and the National Disease Control Bureau)

9. Draft Law on Academic Departments (drafted by the Ministry of Education)

10. Draft law on preschool education (drafted by the Ministry of Education)

11. Draft Tariff Law (drafted by the Ministry of Finance and the General Administration of Customs)

12. Draft Energy Law (drafted by the National Development and Reform Commission and the National Energy Administration)

13. Draft Atomic Energy Law (drafted by the Ministry of Industry and Information Technology and the State Administration of Science, Technology and Industry for National Defense)

14. Draft Social Assistance Law (drafted by the Ministry of Civil Affairs and the Ministry of Finance)

15. Revised Draft Anti-Money Laundering Law (Drafted by the People's Bank of China)

16. Draft revision of the Arbitration Law (drafted by the Ministry of Justice)

17. Revised draft of the Law on Guarding State Secrets (drafted by the State Secrets Bureau)

It is prepared to submit to the Standing Committee of the National People's Congress for deliberation of the draft national development planning law, the draft consumption tax law, the revised draft of the railway law, the revised draft of the fishery law, the revised draft of the anti unfair competition law, the revised draft of the measurement law, the revised draft of the foreign trade law, the revised draft of the accounting law, the revised draft of the registered accountant law, the revised draft of the banking supervision and management law, The revised draft of the People's banking law, the revised draft, draft organ operation guarantee law, prison law revision draft, lawyer law revision draft, teacher law revision draft, radio and television law draft, artificial intelligence law draft, pharmacist law draft, medical security law draft, urban residents committee organic law revision draft, entry and exit animal and plant quarantine law amendment draft, national park law draft, cultivated land protection law draft, dangerous chemicals protection law draft, national comprehensive fire rescue team and personnel law draft, civil aviation law revision draft.

Draft administrative regulations to be considered by the 2. (17)

1. Regulations on Non-bank Payment Institutions (drafted by the People's Bank of China)

2. Regulations on the Punishment of Managers of State-owned Enterprises (drafted by the Ministry of Justice, the State-owned Assets Supervision and Administration Commission of the State Council, and the Ministry of Finance)

3. Provisions of the State Council on the Standards for the Declaration of Concentration of Business Operators (Revision) (Drafted by the General Administration of Market Supervision)

4. Regulations on Local Financial Supervision and Administration (drafted by the People's Bank of China)

5. Regulations on the Administration of Commercial Cryptography (Revision) (Drafted by the State Cryptography Bureau)

6. Measures for the Implementation of the Archives Law (Revision) (Drafted by the State Archives Administration)

7. Rules for the Implementation of the Patent Law (Revision) (Drafted by the State Intellectual Property Office)

8. Regulations on the Network Protection of Minors (drafted by the State Cyberspace Administration of China)

9. Regulations on Pension and Preferential Treatment for Military Personnel (Revised) (drafted by the Ministry of Veterans Affairs, the Political Work Department of the Central Military Commission, and the Logistics Support Department of the Central Military Commission)

10. Regulations on Social Insurance Management (drafted by the Ministry of Human Resources and Social Security and the National Medical Insurance Bureau)

11. Regulations on Human Organ Transplantation (Revision) (Drafted by the National Health Commission)

12. Regulations on Compensation for Ecological Protection (drafted by the National Development and Reform Commission)

13. Regulations on Water Conservation (drafted by the Ministry of Water Resources, the Ministry of Housing and Urban-Rural Development, and the National Development and Reform Commission)

14. Regulations on the Administration of Network Data Security (drafted by the State Cyberspace Administration of China)

15. Regulations on Coal Mine Safety Production (drafted by the Ministry of Emergency Management and the State Administration of Mine Safety Supervision)

Regulations on Consular Protection and Assistance (drafted by the Ministry of Foreign Affairs)

17. Interim Regulations on Flight Management of Unmanned Aerial Vehicles (drafted by the Ministry of Transport and the Joint Staff Department of the Central Military Commission)

Prepare to formulate regulations on urban public transportation, several regulations of the State Council on comprehensive anti-smuggling management, regulations on the supervision and management of listed companies, regulations on government data sharing, regulations on the safety management of biotechnology research and development, regulations on the implementation of the consumer rights protection law, regulations on the management of clinical research and transformation of new biomedical technologies, interim regulations on the management of carbon emissions trading, and regulations on the export control of dual-use items, prepare to amend the Road Transport Regulations, Administrative Regulations Formulation Procedures Regulations, Rules Formulation Procedures Regulations, Regulations and Regulations Filing Regulations, National Natural Science Foundation Regulations, Urban Water Supply Regulations, National Fitness Regulations, Anti-Doping Regulations, Ozone Depleting Substances Management Regulations, and External Use of National Emblem Patterns.

Other legislative projects to be completed by the 3.

1. Legislative items involved in the reform of party and state institutions and the transformation of government functions

2. Speeding up the relevant legislative projects for the modernization of national defense and the armed forces

3. Other legislative projects assigned by the Party Central Committee and the State Council