The third review draft of the draft amendment to the Criminal Law further improved the regulations on crimes committed by young minors, and fine-tuned the scope of criminal responsibility.
You can also pursue criminal responsibility for crimes committed by young minors without death.
Beijing News (Reporter Sha Xueliang) Yesterday morning, the Legal Work Committee of the Standing Committee of the National People's Congress held a press conference on the legislative work.
According to Yue Zhongming, spokesperson of the Legal Work Committee of the Standing Committee of the National People's Congress, the 24th meeting of the Standing Committee of the 13th National People's Congress will be held in Beijing from December 22 to 26.
Yue Zhongming also responded to hot issues of social concern such as juvenile delinquency, food waste, and "face recognition".
He stated that the three drafts of the Criminal Law Amendment (11) that will be submitted to the meeting for deliberation have been revised to stipulate that, although young minors commit crimes, although they did not cause deaths, they belonged to "extra cruel methods that caused serious injuries and severe disabilities. "In the case of abominable circumstances, it is added that criminal responsibility can be investigated in accordance with the law.
Yue Zhongming introduced that the Chairman’s meeting suggested that the twenty-fourth meeting of the Standing Committee will review the draft amendments to the Organic Law of the National People’s Congress, the draft amendments to the Rules of Procedure of the National People’s Congress, the draft amendments to the Law on the Prevention of Juvenile Delinquency, the Draft Yangtze River Protection Law, Criminal Law Amendment (11) Draft, National Defense Law Amendment Draft, Rural Revitalization Promotion Law Draft, Maritime Police Law Draft; deliberated on the proposal of the Standing Committee of the National People’s Congress on the proposal of the Hainan Free Trade Port Law Draft for deliberation The proposal of the draft waste law, the proposal of submitting the draft anti-organized crime law; the review of the proposal of the National People's Congress Supervision and Judicial Committee about submitting the draft of the supervisory law; the review of the State Council's proposal of submitting the draft revision of the Maritime Traffic Safety Law; The State Council and the Central Military Commission’s proposal for reviewing the draft revision of the Military Service Law, the proposal for reviewing the draft revision of the Military Facilities Protection Law, and the proposal for reviewing the draft law on the status of military personnel and the protection of rights and interests.
Yue Zhongming said that the 2021 legislative work plan has been approved in principle by the Chairman of the Standing Committee of the National People's Congress, and pre-arrangements have been made for the legislative work next year.
Yue Zhongming introduced that the Administrative Penalty Law (Revised), Animal Epidemic Prevention Law (Revised), Rural Revitalization Promotion Law, Wildlife Protection Law (Revised), Data Security Law, Personal Information Protection Law and other legal bills will be arranged for the Standing Committee meeting next year to continue deliberation. Strive for an early release.
As for the key legislative work scheduled for next year, Yue Zhongming introduced that laws such as the Science and Technology Progress Law, the Anti-Monopoly Law, the Education Law, the Law on the Prevention and Control of Infectious Diseases, the Law on the Protection of Women’s Rights and the Public Security Management Penalty Law will be revised, and the Futures Law, Stamp Tax Law, Family Education Law, Cultural Industry Promotion Law, Public Health Emergency Response Law, Wetland Protection Law, Legal Aid Law, Social Assistance Law, Food Security Law and other laws.
9 draft laws soliciting opinions
Nine draft laws, including the draft amendment to the Organic Law of the National People's Congress and the draft amendment to the Rules of Procedure of the National People's Congress, have recently been publicly solicited opinions from the public on the China National People's Congress website.
Yue Zhongming introduced the relevant situation of soliciting opinions yesterday.
(Source: China Net)
Draft amendment to the Organic Law of the National People's Congress
327 people gave opinions
1,776 comments
Main opinion
It is recommended that the regulations on the powers of the Standing Committee of the National People's Congress should be strengthened. Issues related to adjusting the delegation of representatives and increasing the protection of the performance of their duties should be coordinated with other laws.
Draft Amendment to the Rules of Procedure of the National People's Congress
334 people gave opinions
3572 comments submitted
Main opinion
It is recommended to further improve the time and time limit of the National People's Congress, scientifically define the responsibilities of the National People's Congress and its Standing Committee, and strengthen the publicity of the daily work of the National People's Congress and its organs.
Draft revision of the National Defense Law
3226 people put forward opinions
12,306 comments
10 letters from the masses
Main opinion
Strengthen the school’s national defense education curriculum and student military training requirements, and increase the rigidity of the system.
Improve the regulations on safeguarding the lawful rights and interests of veterans and preferential treatment of disabled soldiers to enhance operability.
Draft Amendment to the Wildlife Protection Law
2439 people gave opinions
Number of comments submitted 4926
29 letters from the masses
Main opinion
The opinions mainly focused on the scope of protection of wild animals, artificial domestication, management and utilization, and the scope of fasting.
Draft Personal Information Protection Law
548 people gave opinions
1245 comments
5 letters from the masses
Main opinion
Refine the rules for the collection and use of personal information.
Research and standardize some new situations and new problems faced by personal information protection.
Improve the law enforcement mechanism for personal information protection.
The second review draft of the revised draft of the Administrative Punishment Law
416 people gave opinions
727 comments
8 letters from the masses
Main opinion
The opinions are mainly concentrated on the detailed principles of equivalent penalties, clarifying the scope of disclosure of administrative penalties, strengthening social supervision of administrative penalties, and increasing electronic payments.
Criminal Law Amendment (11) Draft for the second review
2,530 people gave opinions
Number of comments submitted 8491
Main opinion
Improve the regulations concerning juvenile crimes. For minors who have reached the age of 12 but not the age of 14 who commit intentional homicide or intentional injury, in addition to causing death, it is recommended to add provisions that cause serious injury.
The second deliberation draft of the Yangtze River Protection Law
102 people gave opinions
188 comments
19 letters from the masses
Main opinion
The opinions are mainly focused on further enriching and improving water pollution prevention and control, ecological restoration, hazardous chemical management, etc., and increasing penalties for illegal acts.
Draft Maritime Police Law
207 people gave opinions
295 comments
5 letters from the masses
Main opinion
The opinions mainly focused on issues such as the nature of the maritime police agency, the coordination and collaboration with relevant departments and coastal local governments, law enforcement supervision and protection, and the power to formulate regulations.
Follow 1
Fine-tuning the scope of criminal responsibility for criminal prosecution of young minors
In recent years, the issue of juvenile delinquency has received widespread attention from society.
The second-review draft of the Criminal Law Amendment (11) reviewed by the Standing Committee of the National People’s Congress in October this year stipulates that a person who has reached the age of 12 and under the age of 14 commits the crime of intentional homicide, intentional injury, and causes death. The People's Procuratorate shall bear criminal responsibility for approval.
Yue Zhongming introduced that the 24th meeting of the Standing Committee of the 13th National People’s Congress will continue to deliberate on the third review of the Criminal Law Amendment (11) draft. Based on the Standing Committee’s deliberations and various opinions, the third review of the draft will further improve the young minors. The provisions on human crimes, conditionally fine-tuned the scope, will not cause deaths, but are "seriously injured and severely disabled by particularly cruel means". The increase in the provision of severe circumstances can lead to criminal liability according to law.
In addition, the meeting will also review the draft revision of the Law on the Prevention of Juvenile Delinquency.
Yue Zhongming introduced that the 14th and 21st meetings of the Standing Committee held two deliberations in October 2019 and August 2020.
Based on the opinions of the Standing Committee and the opinions of various parties, the three deliberated drafts have been revised as follows: 1. To further strengthen the responsibilities of parents or other guardians of juvenile crime prevention education.
Second, it is clear that schools and families should strengthen communication and ties, establish a home-school cooperation mechanism, and jointly do a good job in education and correction of minors.
3. Integrate with the Public Security Administration Punishment Law and the Criminal Law to further clarify the definition of serious bad behavior.
Fourth, improve the admission procedures for applying for admission to specialized schools.
Fifth, improve the management and division of responsibilities of specialized correction education places.
Sixth, clarify the relevant supervisory powers of the People's Procuratorate.
Follow 2
Will solicit opinions on "face recognition" and other issues, in-depth research and demonstration
At the meeting, a reporter asked whether the legislature considered making more specific, stricter, and more operable regulations on the application of "face recognition" technology during the review of the draft personal information protection law?
Yue Zhongming stated that the draft personal information protection law, on the basis of the relevant provisions of the Civil Code, refines and enriches the rules of the personal information protection system, clarifies the rights of individuals and the obligations of processors in personal information processing activities, and further enhances the systemicity of legal regulations. Relevance and operability.
The draft establishes the principles to be followed in the processing of personal information, emphasizing that the processing of personal information should be carried out in a legal and proper way, with a clear and reasonable purpose, and limited to the minimum scope of the purpose of processing; except for situations stipulated by law, the collection and use of personal information should Notify and obtain consent to individuals, and require personal information processors to take necessary security measures to protect personal information.
The draft also makes special provisions for the processing of sensitive personal information, including personal biometrics such as human faces, and requires that sensitive personal information can be processed only if it has a specific purpose and sufficient necessity, and conduct risk assessment beforehand.
Yue Zhongming said that at the same time, we should also see that the application and development of new technologies such as face recognition have brought many new challenges to the protection of personal information.
The Legal Work Committee of the Standing Committee of the National People's Congress will further extensively listen to opinions on relevant issues and conduct in-depth research and demonstration.
Follow 3
Draft Anti-Food Waste Law focuses on anti-waste in consumption and sales
Yue Zhongming introduced that the draft anti-food waste law is proposed to be submitted to the Standing Committee for deliberation in accordance with procedures.
The overall idea is to coordinate the establishment of a system to prevent food waste through a combination of special legislation and the Food Security Law and other relevant legislation.
The anti-food waste law was formulated to prevent food waste, ensure national food security, and promote economic and social sustainability.
The draft consists of 32 articles, which respectively stipulate the definition of food and food waste, the principles and requirements of anti-food waste, the responsibilities of the government and its departments, the responsibilities of various entities, regulatory measures, and legal responsibilities.
"Food waste is expressed as waste of food, food, and grain, involving eating, sales, processing, storage and transportation, harvesting and other links." Yue Zhongming said that the draft anti-food waste law mainly targets prominent issues that the masses have strongly reflected in practice. , Taking the catering link as the entry point, focusing on food consumption, anti-waste in the sales link, promoting conservation, and strict management and control. At the same time, it pays attention to handling the relationship with the food security law that is being drafted and other relevant laws, and it is effective in reducing food, food production and processing, Provisions are made in principle for waste in storage and transportation.
In addition, the formulation of the Food Security Law has been included in the legislative plan of the Standing Committee of the 13th National People's Congress and also included in the next year’s annual legislative work plan, which will be submitted for review by the State Council.
Relevant parties are speeding up the drafting process, and specific provisions will be made in the law for the reduction and reduction in grain production and processing, reserves and circulation.