Three blockbuster laws are coming soon
The draft of the Criminal Law Amendment (Eleven) will be submitted for review for the first time
□ Reporter Zhu Ningning
The 63rd meeting of the 13th NPC Standing Committee decided that the 20th meeting of the 13th NPC Standing Committee will be held in Beijing from June 28th to 30th. According to the recommendations of the chairperson's meeting, the three draft laws of the Criminal Law Amendment (Eleven), the Administrative Penalty Law Amendment Draft and the Data Security Law Draft will be submitted for consideration. Among them, the draft of the Criminal Law Amendment (Eleven) and the draft of the Data Security Law were submitted for review for the first time.
Zang Tiewei, spokesman of the Legal Work Committee of the National People's Congress Standing Committee and director of the research office, today introduced the situation of the three draft laws.
Draft Amendment to the Criminal Law (Eleven)-Increased punishment for financial crimes such as illegal fund raising
my country formulated the Criminal Law in 1979 and comprehensively revised the Criminal Law in 1997, forming a unified and relatively complete criminal code. Since 1997, based on the needs of economic and social development and the prevention and punishment of crimes, on the basis of the Criminal Code, it has adopted a decision, ten amendments to the Criminal Law and thirteen legal interpretations of the Criminal Law in a timely manner to make amendments to the Criminal Law. perfect.
The 11th amendment to the Criminal Law is to be submitted to this Standing Committee meeting for consideration. The main consideration for this revision is to implement the decision-making and deployment of the Party Central Committee, resolutely fight the "three major battles" and strengthen the protection of the safety of the people's lives and property, especially related to the basic security and major security related to the public and people's livelihood. At the same time, in order to adapt to the changes in domestic and international situations and the current new situation, in order to coordinate the new requirements for epidemic prevention and control and economic and social development, as well as the opinions and suggestions made by various parties, it is necessary to modify the criminal law in a timely manner, follow up safeguards, and respond to concerns. .
The main contents involved in the draft include: first, to increase the prevention and punishment of crimes related to production safety; second, to improve the regulations for the punishment of food and drug crimes; third, to improve the criminal regulations for disrupting the financial order, to increase the illegal fund-raising, major violations of the capital market, illegal finance The punishment of financial crimes such as activities; the fourth is to strengthen the criminal law protection of enterprise property rights; the fifth is to strengthen the public health criminal law protection; the sixth is to modify and improve the ecological environment and other crimes in other fields.
Draft of Administrative Penalty Law Amendment—Increase Administrative Penalty Types and Expand Local Legislative Power
The current Administrative Penalty Law was adopted by the Fourth Session of the Eighth National People’s Congress in 1996, and individual provisions were revised twice in 2009 and 2017.
Since the implementation of the Administrative Punishment Law, it has played an important role in regulating the setting and implementation of administrative punishment, strengthening the concept of administration according to law, punishing illegal activities in accordance with the law, solving the problem of unauthorized punishment, and protecting the legitimate rights and interests of citizens, legal persons and other organizations.
Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping at its core has promoted the comprehensive management of the country according to law, deepened the reform of the administrative law enforcement system, established an administrative law enforcement system with unified powers and responsibilities, and authoritative and efficient; In order to implement the Party’s major reform decision-making and deployment, promote the modernization of the national governance system and governance capabilities, strengthen the construction of a government under the rule of law, improve the administrative penalty system, and solve the problems encountered in the practice of administrative law enforcement, it is necessary to modify the administrative penalty law.
The main contents of the revised draft of the Administrative Punishment Law submitted to this Standing Committee meeting include: implementing and implementing major decision-making arrangements of the Party Central Committee, adding comprehensive administrative law enforcement, granting administrative punishment power to townships and sub-districts, consolidating the public announcement system of administrative law enforcement, and the entire system of administrative law enforcement record system, Major law enforcement decisions The results of the "three systems" reform of the legal review system; adhere to problem orientation, clarify the definition of administrative punishment, increase the types of administrative punishment, expand local legislative authority, establish off-site law enforcement standards, standardize the exercise of discretion in administrative punishment, and increase focus Strengthen administrative punishment in the field, increase regulations to handle administrative punishment in emergencies such as major infectious diseases; grasp the versatility, develop and improve the rules and regulations of entities and procedures for administrative punishment, increase the applicable rules of "from old to light", and improve administrative punishment Decide the invalidation system, supplement the administrative penalty evidence system, increase the filing procedure, and expand the application scope of the summary procedure and the hearing procedure.
Draft Data Security Law—Implementing Data Security Protection Responsibility Provisions and Supporting Promotion Measures
With the convergence and integration of information technology and human production and life, various types of data are rapidly growing and massively gathered, which has a major and profound impact on economic development, social governance, and people's lives. Data security has become a major issue related to national security and economic and social development.
According to the Party Central Committee's deployment and the 13th National People's Congress Standing Committee's legislative plan and annual legislative work plan, the Law Work Committee and relevant parties have drafted a draft data security law on the basis of conscientiously summarizing practical experience and in-depth investigation and research. The main contents of this Standing Committee meeting include: the establishment of basic data security management systems such as data classification and management, risk assessment, monitoring, early warning, and emergency disposal; the organization and individual’s data security protection obligations to carry out data activities and the implementation of data Responsibility for security protection; insist on equal emphasis on security and development, stipulate measures to support the promotion of data security and development; establish institutional measures to ensure the security of government data and promote the opening of government data.
Beijing News, June 24