"People's Daily" (Page 02, April 19, 2022)
Draft Futures and Derivatives Law enters third instance
Promote the healthy development of futures and derivatives markets
Our reporter Zhang Tianpei
On April 18, the 34th meeting of the Standing Committee of the 13th National People's Congress heard a report by Li Feizuo, chairman of the Constitution and Law Committee of the National People's Congress, on the review results of the draft futures and derivatives law.
Previously, the draft futures and derivatives law has been reviewed twice at the 28th meeting and the 31st meeting of the 13th National People's Congress Standing Committee.
In recent years, my country's futures market has continued to develop in a healthy and stable manner.
On April 14, the Legal Affairs Committee of the Standing Committee of the National People's Congress held a press conference.
Zang Tiewei, a spokesman for the Legislative Affairs Commission, said that the draft Futures and Derivatives Law regulates futures and derivatives trading, elevates the current futures-related system to legal norms, and includes derivatives trading within the scope of adjustment, providing a new platform for futures and derivatives markets. The healthy development provides legal guarantees, which is conducive to giving play to the functions of relevant markets in discovering prices, managing risks, and allocating resources, and better playing the role of futures markets and derivatives markets in serving the real economy.
It is understood that the draft Futures and Derivatives Law not only focuses on exerting relevant market functions, but also pays attention to preventing and defusing market risks.
For example, it is one of the legislative purposes of this law to clearly prevent and resolve financial risks and maintain national economic security; it stipulates relatively complete systems related to futures trading, such as position limit, hedging, reporting of traders' actual control relationship, margin system, No-debt settlement and other systems on the day; regulations are made for regulatory agencies to prevent systemic risks, establish and improve the monitoring and monitoring system of the futures market, and crack down on illegal transactions.
Some members of the Standing Committee, departments and units proposed to further strengthen the supervision of derivatives transactions and effectively prevent financial risks.
After research, the Constitutional and Legal Committee suggested the following amendments: First, the trading rules formulated by the venues that organize derivatives trading should be changed from “recording” to the relevant competent authorities to “approval” by the relevant competent authorities.
The second is to strengthen institutional supervision, clarifying that financial institutions conducting derivatives trading business should be approved or approved in accordance with the law, perform trader suitability management obligations, and abide by relevant state supervision and management regulations.
The third is to improve the system of the derivatives trading report library, clarifying that the departments authorized by the State Council and the futures regulatory agency of the State Council shall establish a derivatives trading report library, collect, store, analyze and manage the relevant information of derivatives trading in a centralized manner, and report to the market in a timely manner in accordance with regulations. At the same time, authorize the relevant competent authorities to formulate specific measures.
Fourth, according to the actual situation of derivatives supervision, it is clarified that "the administrative penalties stipulated in this law shall be decided by the futures supervision and management institution of the State Council and the departments authorized by the State Council in accordance with the duties and responsibilities stipulated by the State Council."
In addition, some members of the Standing Committee, departments and units proposed that the supervision of cross-border futures and derivatives trading activities should be further strengthened to effectively prevent cross-border financial risks.
After research, the Constitutional and Legal Committee suggested that on the basis of setting up a special chapter in the second review draft to regulate cross-border transactions and regulatory cooperation, the management rules for overseas institutions' domestic marketing activities should be further improved.
The draft revision of the Vocational Education Law enters the third trial
Accelerate the training of technical and technical talents to enhance the social recognition of vocational education
Our reporter Wang Bixue
On April 18, the 34th meeting of the Standing Committee of the 13th National People's Congress heard a report made by Xu Hui, deputy chairman of the Constitution and Law Committee, on the review results of the draft revision of the Vocational Education Law.
This review consists of three reviews.
Previously, the 32nd meeting of the Standing Committee reviewed the draft revision of the Vocational Education Law for the second time.
After the meeting, the Legal Affairs Committee released the second draft of the draft on the NPC website for public comments.
In order to further highlight the employment orientation of vocational education and speed up the cultivation of technical and skilled talents, the revised draft has made the following changes: adding "promoting employment and entrepreneurship" and building a "skilled society" in the legislative purpose; "The state provides strong talent and technical support"; added regulations, the state took measures to speed up the training of technical and skilled talents in pre-school education, nursing, health care, housekeeping, etc.; added regulations, vocational schools should establish and improve employment and entrepreneurship promotion mechanisms, adopt various forms Provide students with career planning, career experience, job search guidance and other employment and entrepreneurship services to enhance students' employment and entrepreneurship capabilities.
In terms of promoting the integration of vocational education and general education, and the integration of vocational education at different levels, the revised draft mainly makes the following provisions: clarifying that higher vocational school education shall be implemented by higher vocational schools at the junior college, undergraduate and higher education levels and ordinary institutions of higher learning; Encourage and support ordinary primary and secondary schools and ordinary institutions of higher learning to carry out career planning guidance content; clarify that secondary vocational schools can, in accordance with relevant state regulations, implement enrollment and training in relevant majors and higher vocational school education; The administrative department, together with the relevant departments of the people's government at the same level, establishes a unified enrollment platform for vocational education, summarizes and releases information on schools implementing vocational education, their professional settings, enrollment status, etc., and provides services such as inquiry and application; Those who meet the prescribed degree standards can apply for the corresponding degree in accordance with the law.
In order to further play the important main role of enterprises in vocational education, deepen the integration of production and education, and enhance the operability of relevant policies and measures, the revised draft has made the following changes: the general provisions emphasize the implementation of "school-enterprise cooperation" in vocational education, and further clarify , the state gives play to the important role of enterprises in running schools, promotes enterprises to deeply participate in vocational education, and encourages enterprises to hold high-quality vocational education; it is clarified that industry authorities regularly release information on talent demand; it is clarified that enterprises can set up full-time or part-time positions to implement vocational education. The situation of vocational education should be included in the corporate social responsibility report; it is clear that education surcharges, local education surcharges and other tax incentives will be implemented for enterprises that integrate production and education; it is added that enterprises and vocational schools will jointly recruit students and conduct work-study integration. For apprenticeship training, an apprenticeship training agreement should be signed, and relevant enterprises can enjoy subsidies in accordance with regulations; industry organizations, enterprises, etc. are clearly encouraged to participate in the development of vocational education professional teaching materials, and new technologies, new processes, and new ideas are included in vocational school teaching materials, and can be passed through loose-leaf pages. It can be updated dynamically in various ways such as textbooks.
In order to improve the social recognition of vocational education and create a favorable environment for the development of vocational education, the revised draft adds the following provisions: the state provides a platform for technical and skilled talents to demonstrate skills and compare skills through organizing and carrying out vocational skills competitions and other activities, and continuously cultivate more There are many high-quality technical and skilled talents, skilled craftsmen and craftsmen in big countries; public institutions openly recruit jobs that have vocational skills level requirements, and the educational requirements can be appropriately reduced; news media and vocational education related parties should actively carry out vocational education public welfare propaganda, and promote technical skills talents The typical deeds of growing up and becoming talents create a good social atmosphere in which everyone strives to become talents, everyone can become talents, and everyone can develop their talents.
Some members of the Standing Committee, representatives and the general public suggested improving the vocational education security system and measures, giving full play to the role of unemployment insurance funds in supporting job stabilization and training, giving necessary support and subsidies to vocational education, and at the same time strengthening supervision and management and standardizing school-running behaviors .
The revised draft makes the following changes: First, it is clarified that the state optimizes the structure of educational expenditures, so that the investment of vocational education funds can be adapted to the development needs of vocational education.
The second is to increase regulations, give play to the role of unemployment insurance funds, and support employees to improve their vocational skills.
The third is to clarify that the funds used for vocational education of front-line employees of enterprises should reach the proportion stipulated by the state.
Fourth, it is clarified that for non-profit vocational schools and vocational training institutions established by enterprises and other social forces in accordance with the law, appropriate subsidies may be given with reference to relevant funding standards and support policies for public schools at the same level and the same level.
Fifth, it is clarified that a certain proportion of the income obtained by vocational schools and vocational training institutions from carrying out school-enterprise cooperation and other activities can be used as a source of performance-based wages, and those that comply with national regulations are not subject to the total performance-based wages limit.
Sixth, it is clarified that vocational schools and vocational training institutions should accept educational supervision, and that vocational school principals exercise their powers to accept supervision in accordance with the law, and vocational schools shall not illegally charge fees in the name of introducing jobs or arranging internships.
The draft of the black land protection law enters the second instance
Protect and make good use of "giant pandas in cultivated land" in accordance with the law
Our reporter Wang Bixue
On April 18, the 34th meeting of the Standing Committee of the 13th National People's Congress heard a report by Liu Jixing, deputy chairman of the Constitution and Law Committee, on the revision of the draft law on the protection of black land.
This review is the second review.
Previously, the 32nd meeting of the Standing Committee conducted a preliminary review of the draft law on the protection of black land.
General Secretary Xi Jinping pointed out that effective measures should be taken to effectively protect and make good use of the black land, the "giant panda in cultivated land", so that it will benefit the people forever.
On April 14, the Legal Affairs Committee of the Standing Committee of the National People's Congress held a press conference.
When introducing the revision of the draft law on the protection of black land, Zang Tiewei, a spokesman for the Legal Affairs Commission, said that black land is a valuable land resource with the characteristics of high quality, scarcity and easy erosion. It is mainly distributed in Heilongjiang, Jilin and Liaoning provinces. Most areas and the eastern part of the Inner Mongolia Autonomous Region.
In order to further improve the regulations on the scope of black land, meet the needs of black land protection, governance, and restoration, and make the connection between this law and relevant laws, the following amendments are made to the draft: First, the provisions are added: The black land protection plan should be scientifically determined. The protected area of black soil.
The second is to add provisions: for activities such as the protection and utilization of black land and related governance and restoration, this law shall apply; if there are no provisions in this law, the provisions of relevant laws such as land administration shall apply.
The third is to clarify the protection of black soil within the scope of woodland, grassland, wetlands, rivers and lakes, and apply the provisions of the Forest Law, Grassland Law, Wetland Protection Law, Water Law and other relevant laws; Failure to do so shall be punished with reference to the relevant provisions of this Law.
Some members of the Standing Committee and departments suggested that the role of black land in ensuring food security should be highlighted.
The draft adds provisions: black land should be used for the production of agricultural products such as grain and oil crops, sugar crops, and vegetables; black land classified as permanent basic farmland should be mainly used for food production.
In order to strengthen the scientific and technological support and technical services for the protection of black soil, the draft adds relevant provisions: encourage colleges and universities, scientific research institutions and agricultural technology promotion agencies to cooperate in scientific and technological research; the state encourages enterprises, colleges and universities, vocational schools, scientific research institutions, and scientific and technological social groups , farmers' professional cooperatives, agricultural socialization service organizations, agricultural science and technology personnel, etc. to carry out technical services related to the protection of black soil; the people's government at or above the county level shall promote a scientific farming system.
Some members of the Standing Committee and representatives proposed that to do a good job in the protection of black land, we should not only play the leading role of the government, but also pay attention to the role of the market, and rely on grass-roots organizations and farmers.
The draft adds the following provisions: Rural collective economic organizations and villagers' committees issue contracts for rural land according to law, supervise the contractors to rationally use and protect the black land in accordance with the purposes agreed in the contract, and prevent the contractors from damaging the black land; rural collective economic organizations, state-owned farms, Agricultural enterprises, farmers' professional cooperatives, farmers, etc. should cherish and make reasonable use of black land; the state encourages social capital to invest in black land protection activities in accordance with the principles of policy support, participation of enterprises and society, and market-oriented operation, and protect the legitimate rights and interests of investors .
According to the opinions of some members of the Standing Committee and local governments and departments, in order to improve legal responsibilities, enhance pertinence, and increase penalties, the draft has been revised as follows: Refine the specific circumstances in which relevant departments and their staff fail to perform their duties of black land protection according to law. It is clearly stipulated that those who dig black soil illegally or indiscriminately will be punished severely in accordance with the provisions of relevant laws and regulations on land management; the upper limit of fines for illegally selling black soil has been raised from "2,000 yuan" to "5,000 yuan" per cubic meter.
The draft revision of the Law on the Protection of Women's Rights and Interests enters the second instance
Highlight the protection of women's personal rights and personality rights
Our reporter Zhang Tianpei
On April 18, the 34th meeting of the Standing Committee of the 13th National People's Congress heard a report by Cong Bin, vice chairman of the Constitution and Law Committee, on the revision of the draft revision of the Law on the Protection of Women's Rights and Interests.
Some members of the Standing Committee proposed that the protection of women's personal rights and personality rights should be further highlighted.
After research, the Constitutional and Legal Committee suggested that the title of the chapter should be changed to "Personal and Personal Rights and Interests", and that provisions such as the inviolability of women's personal dignity should be added.
According to reports, the revised draft stipulates that the state can take temporary special measures to achieve equality between men and women.
Some members of the Standing Committee and units pointed out that my country has relatively comprehensive systems and measures to protect women's rights and interests, and the content of "temporary special measures" is not clear and the necessity is not enough, so it is recommended not to make provisions.
The Constitutional and Legal Committee has studied and recommended this opinion.
Some members of the Standing Committee pointed out that recent vicious cases of abduction and trafficking in women and other serious violations of women's rights and interests have been exposed in some places, revealing that there are certain shortcomings in grass-roots governance, and it is necessary to establish a reporting and investigation system to detect and deal with violations of women's rights and interests in a timely manner. of illegal and criminal acts.
After research, the Constitution and Law Committee suggested adding the following provisions: "Marriage registration organs, township people's governments, sub-district offices, residents' committees, villagers' committees and their staff who find women suspected of being abducted, trafficked or kidnapped during their work shall promptly report to the public security organs. The public security organs should investigate and deal with the report in a timely manner according to the law.” “The Women’s Federation should play its role as a grassroots organization, and work with the public security and other departments to strengthen the investigation of acts of abduction, kidnapping and other violations of women’s rights and interests, and the relevant departments should cooperate. Those who are kidnapped or kidnapped shall report to the public security organs in a timely manner, and assist the relevant departments in the rescue work.” “Accommodation operators should timely and accurately register the information of the accommodation personnel, improve the rules and regulations of accommodation services, and strengthen security measures; Illegal and criminal acts shall be reported to the public security organs in a timely manner." At the same time, legal liability for failure to perform reporting obligations is added.
In order to effectively prevent the occurrence of sexual harassment and sexual assault of underage women in schools, some members of the Standing Committee, units and localities proposed that an entry inquiry system should be established.
After research, the Constitutional and Legal Committee recommends adding a provision: When a school hires faculty members or recruits volunteers, social workers and other off-campus personnel, it should check whether the above-mentioned personnel have criminal records of sexual assault, sexual harassment, etc.; if they are found to have the above-mentioned records, Not to be hired or imported.
In order to further promote the implementation of the national fertility policy, some members of the Standing Committee and units proposed that the relevant system should be further improved.
After research, the Constitutional and Legal Committee recommends adding provisions. The state establishes and improves the maternity leave system for employees to ensure that female employees during pregnancy and childbirth are entitled to rest and vacation rights in accordance with the law.
Employers shall not restrict female employees from promotion, promotion, and evaluation of professional and technical titles and positions due to marriage, pregnancy, maternity leave, breastfeeding, etc.
The draft revision of the sports law enters the second instance
Provisions on increasing the supply of basic public sports services
Our reporter Zhang Tianpei
On April 18, the 34th meeting of the Standing Committee of the 13th National People's Congress heard a report by Xu Hui, deputy chairman of the Constitution and Law Committee, on the revision of the draft revision of the Sports Law.
Earlier, the 31st meeting of the Standing Committee of the 13th National People's Congress conducted the first review of the draft revision of the Sports Law.
According to reports, some members of the Standing Committee, local governments and departments have proposed that sports are related to the health and happiness of the people. It is necessary to strengthen the supply of basic public sports services so that the development results of sports can benefit all people.
After research, the Constitution and Law Committee recommends adding provisions: adhere to the people-centered approach and enhance the physical fitness of the whole nation; the state expands the supply of public welfare and basic public sports services, promotes the equalization of basic public sports services, and gradually improves universal coverage and universal benefits. Shared basic public sports service system integrating urban and rural areas.
The revised draft stipulates that August 8 is the National Sports Day every year.
Some members of the Standing Committee and local governments have proposed that August 8 has been implemented as a national fitness day for many years, and it is deeply rooted in the hearts of the people.
After research by the Constitution and Law Committee, it is recommended to amend it as follows: the week of the National Fitness Day on August 8 every year is the sports propaganda week.
Some members of the Standing Committee and the general public have proposed that the high incidence of myopia and obesity in adolescents affects the healthy growth of adolescents, and sports interventions should be carried out in a targeted manner.
After research, the Constitutional and Legal Committee suggested adding provisions: Education administrative departments, sports administrative departments, schools and families should organize and guide young people to participate in sports activities, and prevent and control young people’s poor health conditions such as myopia and obesity.
It is understood that some retired athletes lack professional skills and have difficulty re-employment. Some members of the Standing Committee, departments and the general public have proposed adding regulations to help retired athletes successfully achieve career transition.
After research, the Constitution and Law Committee suggested adding provisions: People's governments at all levels should strengthen vocational skills training for retired athletes, and provide guidance and services for retired athletes' employment and entrepreneurship.
Anti-doping is not only the protection of athletes' physical and mental health, but also the maintenance of fair and just sports competition order.
Some members of the Standing Committee and departments have proposed to improve relevant regulations and strengthen anti-doping management.
After research, the Constitution and Law Committee recommends adding provisions: the state promotes healthy, civilized and fair competition sports; the sports administration department of the State Council, together with the drug administration, health and commerce department of the State Council and the General Administration of Customs, formulates and publishes the doping list, and dynamically adjusts it ; The state sets up an anti-doping agency.
The sports industry is developing rapidly and has broad prospects, which is of great significance for increasing employment, cultivating new economic growth points, and meeting the diverse sports needs of the people.
Some members of the Standing Committee and departments suggested to further enrich the relevant content to better promote the development of the sports industry.
After research, the Constitution and Law Committee suggested adding a chapter on "Sports Industry", which stipulates that: the state formulates sports industry development plans and establishes a coordination mechanism for sports industry development work; supports the development of sporting goods manufacturing, sports service industry and professional sports; supports local development Sports industry with regional and national characteristics; encourage social capital to invest in sports industry; cultivate professional talents in sports industry; improve the statistical system of sports industry.
Some members of the Standing Committee and departments proposed that the design and construction of public sports venues and facilities should fully consider the special needs of the disabled and the elderly.
After research, the Constitution and Law Committee suggested adding provisions: The design and construction of public sports venues and facilities should meet the national barrier-free environment construction requirements, and effectively meet the barrier-free needs of specific groups such as the disabled and the elderly.