(Issued by the NPC and CPPCC upon authorization) Decision of the National People's Congress on Amending the "Legislation Law of the People's Republic of China"

　　Xinhua News Agency, Beijing, March 13th

Decision of the National People's Congress on Amending the "Legislation Law of the People's Republic of China"

　　(Adopted at the First Session of the Fourteenth National People's Congress on March 13, 2023)

　　The First Session of the Fourteenth National People's Congress decided to amend the Legislation Law of the People's Republic of China as follows:

　　1. Change Article 3 into two articles, as Article 3 and Article 4, as follows:

　　"Article 3. Legislation should adhere to the leadership of the Communist Party of China, adhere to the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of 'Three Represents', the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and promote The construction of the socialist rule of law system guarantees the comprehensive construction of a modern socialist country on the track of the rule of law.

　　"Article 4 legislation should adhere to economic construction as the center, adhere to reform and opening up, implement new development concepts, and ensure that Chinese-style modernization comprehensively promotes the great rejuvenation of the Chinese nation."

　　2. Change Article 4 to Article 5, and amend it to read: "Legislation shall conform to the provisions, principles and spirit of the Constitution, and shall be in accordance with statutory powers and procedures, and proceed from the interests of the country as a whole, and safeguard the unity, dignity, and authority of the socialist legal system. .”

　　3. Change Article 5 to Article 6, and add a paragraph as the first paragraph: "Legislation shall uphold and develop people's democracy throughout the process, respect and protect human rights, and safeguard and promote social fairness and justice."

　　4. One article is added as Article 8: "Legislation should advocate and carry forward the socialist core values, insist on combining the rule of law and the rule of virtue, build a sense of community of the Chinese nation, and promote the construction of socialist spiritual civilization."

　　V. One article is added as Article 9: "Legislation should meet the needs of reform, adhere to the unity of promoting reform under the rule of law and improving the rule of law during reform, guide, promote, standardize, and guarantee relevant reforms, and give full play to the role of the rule of law in the national governance system and governance. important role in the modernization of capabilities.”

　　6. Change Article 7 to Article 10, and amend the first paragraph to read: "The National People's Congress and the Standing Committee of the National People's Congress exercise state legislative power in accordance with the provisions of the Constitution."

　　Add one paragraph as the fourth paragraph: "The National People's Congress may authorize the Standing Committee of the National People's Congress to formulate relevant laws."

　　7. Change Article 8 to Article 11, and amend the second item to read: "(2) The establishment, organization, and powers of people's congresses at all levels, people's governments, supervisory committees, people's courts, and people's procuratorates."

　　Item 10 is amended to read: "(10) Litigation System and Basic Arbitration System".

　　8. Change Article 13 to Article 16 and amend it to read: "The National People's Congress and its Standing Committee may, according to the needs of reform and development, decide to temporarily adjust or temporarily suspend the authorization of specific matters within the prescribed time limit and scope. part of the law.

　　"If it is proved feasible to temporarily adjust or temporarily suspend the application of part of the law, the National People's Congress and its Standing Committee shall amend the relevant law in a timely manner; if the conditions for amending the law are not yet mature, the period of authorization may be extended, or the implement the relevant laws and regulations.”

　　9. Change Article 17 to Article 20 and amend it to read: "For bills that the Standing Committee decides to submit to the National People's Congress for deliberation, the draft law shall be sent to the representatives one month before the meeting, and may be made in due course. Organize representatives to study and discuss, and solicit opinions from representatives.”

　　10. Change Article 20 to Article 23, and amend it to read: "The bills that are included in the agenda of the National People's Congress shall be reviewed by the Constitution and Law Committee based on the deliberation opinions of all delegations and relevant special committees. Legal bills are reviewed in a unified manner, and a report on the results of the review and a revised draft of the law are submitted to the presidium, and the constitutional issues involved and important different opinions should be explained in the report on the review results, which will be issued to the meeting after deliberation and approval by the presidium meeting.

　　11. Change Article 30 to Article 33 and amend it to read: "A bill on the agenda of a meeting of the Standing Committee, if the opinions of all parties are relatively consistent, may be submitted to a vote after deliberation at two meetings of the Standing Committee; For bills with relatively single adjustment items or partial amendments, the opinions of all parties are more consistent, or in case of emergency, they can also be submitted for voting after deliberation at a standing committee meeting."

　　12. Change Article 33 to Article 36, and amend it to read: "Bills that are included in the agenda of the Standing Committee meeting shall be decided by the Constitution and Law Committee based on the members of the Standing Committee, the deliberation opinions of the relevant special committees and the The opinions put forward by all parties shall be reviewed in a unified manner, and the report on the revision or the report of the review result and the revised draft of the law shall be submitted. The constitutional issues involved and important different opinions shall be included in the report of the revision or the report of the review result. If the deliberation opinions of the relevant special committees are not adopted, feedback shall be given to the relevant special committees.

　　"When the Constitution and Law Committee deliberates on bills, it shall invite members of the relevant special committees to attend the meeting and express their opinions."

　　13. Change Article 42 to Article 45, and amend it to read: "For bills to be deliberated at the meeting of the Standing Committee, due to major issues such as the necessity and feasibility of enacting the law If there is a major difference of opinion and the deliberation has been put on hold for two years, or if it has not been included in the agenda of the Standing Committee meeting for two years due to a temporary non-vote, the chairmen's meeting may decide to terminate the deliberation and report to the Standing Committee; when necessary, the chairmen's meeting It may also decide to postpone the review.”

　　14. Change Article 46 to Article 49 and amend it to read: "The State Council, the Central Military Commission, the State Supervisory Commission, the Supreme People's Court, the Supreme People's Procuratorate, and the special committees of the National People's Congress may report to the whole country The Standing Committee of the People's Congress proposes a request for legal interpretation or proposes a relevant bill.

　　"The standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government may submit requests for legal interpretation to the Standing Committee of the National People's Congress."

　　15. One article is added as Article 55: "The National People's Congress and its Standing Committee adhere to scientific, democratic, and law-based legislation, and strengthen the Systematization, integrity, coordination and timeliness of legislation."

　　16. Change Article 52 to Article 56 and amend to read: "The Standing Committee of the National People's Congress strengthens the overall arrangement of legislative work through legislative plans, annual legislative plans, and special legislative plans. Legislative planning and legislative plans should carefully study representatives' proposals and suggestions, widely solicit opinions, scientifically demonstrate and evaluate, and determine legislative items according to the needs of economic and social development and the construction of democracy and the rule of law, and in accordance with the requirements for strengthening legislation in key areas, emerging areas, and foreign-related areas .Legislative plans and legislative plans are adopted by the chairman meeting and announced to the public.

　　"The working body of the Standing Committee of the National People's Congress is responsible for formulating legislative plans and formulating legislative plans, and supervising the implementation of legislative plans and legislative plans in accordance with the requirements of the Standing Committee of the National People's Congress."

　　17. Change Article 54 to Article 58 and amend it to read: "When submitting a bill, the text of the draft law and its description shall be submitted at the same time, and necessary reference materials shall be provided. If the law is amended, the revision shall also be submitted. Contrasting texts before and after. The description of the draft law should include the necessity, feasibility and main content of the formulation or revision of the law, relevant opinions related to constitutional issues, and the coordination and handling of major differences in the drafting process."

　　18. Change Article 58 to Article 62, and amend the second paragraph to read: "After the law is signed and promulgated, the text of the law, the explanation of the draft law, and the report on deliberation results shall be submitted to the Standing Committee of the National People's Congress in a timely manner. It will be published in the committee bulletin, the website of the National People's Congress, and newspapers distributed nationwide."

　　19. Change Article 61 to Article 65, and add a paragraph as the fourth paragraph: "The working body of the Standing Committee of the National People's Congress formulates technical specifications for legislation."

　　20. One article is added as Article 68: "When the National People's Congress and its Standing Committee make decisions on legal issues, the relevant provisions of this Law shall apply."

　　21. One article is added as Article 70: "The working body of the Standing Committee of the National People's Congress shall, according to actual needs, set up contact points for grassroots legislation to listen to the opinions of grassroots people and relevant parties on draft laws and legislative work."

　　22. One article is added as Article 71: "The working body of the Standing Committee of the National People's Congress strengthens legislation publicity work, releases legislative information, introduces the situation, and responds to concerns through various forms."

　　23. One article is added as Article 79: "The State Council may, according to the needs of reform and development, decide to temporarily adjust or temporarily suspend the application of some provisions of administrative regulations on specific matters in the field of administration and management within the prescribed time limit and scope. .”

　　24. Change Article 72 into two articles, with the first paragraph as Article 80; the second paragraph as Article 81, paragraph 1, and amend it to read: "The people's congresses of cities divided into districts and According to the specific situation and actual needs of this city, and under the premise that the Constitution, laws, administrative regulations, and local regulations of the province and autonomous region are in conflict, its standing committee may conduct research on urban and rural construction and management, ecological civilization construction, historical and cultural protection, Local laws and regulations should be formulated for grass-roots governance and other matters. If the law stipulates otherwise for the formulation of local laws and regulations in cities divided into districts, those provisions shall prevail. The standing committees of the people's congresses of provinces and autonomous regions shall review the legality of the local regulations submitted for approval, and if they find that they do not conflict with the Constitution, laws, administrative regulations and local regulations of the province or autonomous region, Approval shall be granted within four months"; the third, fourth, fifth and sixth paragraphs are respectively the second, third, fourth and fifth paragraphs of Article 81.

　　25. One article is added as Article 83: "The people's congresses and their standing committees of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures may, according to the needs of coordinated regional development, formulate local laws and regulations, and Implementation within the administrative region or related regions.

　　"Provinces, autonomous regions, municipalities directly under the central government, cities divided into districts, and autonomous prefectures can establish a regional coordinated legislative work mechanism."

　　26. Change Article 74 to Article 84, and add two paragraphs as the second and third paragraphs: "Shanghai Municipal People's Congress and its Standing Committee are authorized by the Standing Committee of the National People's Congress Decided to formulate regulations for the Pudong New Area and implement them in the Pudong New Area.

　　"The Hainan Provincial People's Congress and its Standing Committee formulated the Hainan Free Trade Port Regulations in accordance with the law and implemented them within the scope of the Hainan Free Trade Port."

　　27. Change Article 79 to Article 89, and amend the first paragraph to read: "After local regulations, self-government regulations, and separate regulations are promulgated, their texts, explanations of drafts, and reports on deliberation results, etc., shall be Timely publish it in the bulletin of the standing committee of the people's congress at the corresponding level, the website of the National People's Congress, the website of the local people's congress, and newspapers distributed within the administrative region."

　　28. One article is added as Article 90: "The standing committees of the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures shall, according to actual needs, set up contact points for grassroots legislation, and listen in depth to grassroots people and relevant parties on local laws and regulations. Opinions on draft regulations, self-government regulations and separate regulations.”

　　29. Change Article 80 to Article 91, and amend the first paragraph to read: "The ministries and commissions of the State Council, the People's Bank of China, the Audit Office, and directly affiliated institutions with administrative functions and institutions prescribed by law may According to the law and the administrative regulations, decisions, and orders of the State Council, within the scope of authority of this department, formulate regulations.”

　　30. Change Article 82 to Article 93, and modify the third paragraph to read: "The people's governments of cities divided into districts and autonomous prefectures formulate local government regulations in accordance with the first and second paragraphs of this article, which are limited to urban and rural construction. Management, ecological civilization construction, historical and cultural protection, grassroots governance, etc. The local government regulations that have been formulated, involving matters outside the scope of the above-mentioned matters, will continue to be effective.”

　　31. Change Article 98 to Article 109, and modify item 5 to read: "(5) Regulations formulated in accordance with authorization shall be reported to the authority specified in the authorization decision for record; special economic zone regulations, Pudong New Area regulations 1. When the Hainan Free Trade Port Regulations are submitted for record, the circumstances of the modification shall be explained.”

　　32. Change paragraphs 1 and 2 of Article 99 to Article 110 and amend to read: "The State Council, the Central Military Commission, the State Supervisory Commission, the Supreme People's Court, the Supreme People's Procuratorate and all provinces, If the standing committees of the people's congresses of autonomous regions or municipalities directly under the Central Government consider that administrative regulations, local regulations, autonomous regulations, and separate regulations are in conflict with the Constitution or laws, or that there are issues of constitutionality or legality, they may submit written proposals to the Standing Committee of the National People's Congress. Relevant special committees and working bodies of the Standing Committee of the National People's Congress shall review requests for review and provide opinions.

　　"Other state organs, social groups, enterprises, institutions, and citizens other than the provisions of the preceding paragraph believe that administrative regulations, local regulations, self-government regulations, and separate regulations are in conflict with the Constitution or laws, and may submit a written request to the Standing Committee of the National People's Congress for review. Suggestions for review shall be reviewed by the working body of the Standing Committee; when necessary, they shall be sent to relevant special committees for review and comments."

　　33. One article is added as Article 111, and Paragraph 3 of Article 99 is amended as Paragraph 1 of this Article: “The special committees of the National People’s Congress and the working bodies of the Standing Committee may Administrative regulations, local regulations, self-government regulations, and individual regulations, etc., shall be actively reviewed, and special reviews may be conducted as needed."

　　One paragraph is added as the second paragraph of Article 111: "The State Council filing review agency may formulate local regulations, autonomous regulations and separate regulations, departmental rules and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government that are submitted for filing. Conduct active review of the relevant regulations, and conduct special review as needed.”

　　34. Change Article 100 to Article 112, and amend it to read: "The special committees of the National People's Congress and the working bodies of the Standing Committee consider that administrative regulations, local regulations, autonomous regulations, and separate regulations If it is in conflict with the Constitution or laws, or there are issues of constitutionality or legality, a written review opinion may be submitted to the drafting organ; the Constitution and Law Committee may also hold a joint review meeting with relevant special committees and the working body of the Standing Committee to request The drafting organ shall attend the meeting to explain the situation, and then submit a written review opinion to the drafting organ. The drafting organ shall study and put forward an opinion on whether to amend or abolish it within two months, and submit the opinion to the Constitution and Law Committee of the National People's Congress, relevant special committees or the Standing Committee of the National People's Congress. Committee Work Body Feedback.

　　"The Constitution and Law Committee of the National People's Congress, the relevant special committees, and the working body of the Standing Committee shall, in accordance with the provisions of the preceding paragraph, submit review opinions to the drafting organs, and the drafting organs shall, in accordance with the opinions provided, review administrative regulations, local regulations, self-governing regulations, and separate regulations. If it is amended or abolished, the review will be terminated.

　　"The Constitution and Law Committee of the National People's Congress, relevant special committees, and working bodies of the Standing Committee find upon examination that administrative regulations, local regulations, autonomous regulations, and separate regulations are in conflict with the Constitution or laws, or that there are issues of constitutionality or legality. If it is necessary to amend or abolish it, but the enacting organ does not revise or abolish it, it shall submit a motion or suggestion for revocation to the chairmen's meeting, and the chairman's meeting shall decide to submit it to the Standing Committee meeting for deliberation and decision."

　　35. Change Article 101 to Article 113 and amend it to read: "Relevant special committees and working bodies of the Standing Committee of the National People's Congress shall, in accordance with regulations and requirements, report the review results to the State agencies, social organizations, enterprises and institutions, and citizens give feedback, and can make it public to the public.”

　　Thirty-six. One article is added as Article 115: "The record-filing and reviewing authority shall establish a sound record-filing and review linkage linkage mechanism, and transfer review requirements or review suggestions that should be handled by other agencies to relevant agencies for handling in a timely manner."

　　37. One article is added as Article 116: "For laws, administrative regulations, local regulations, self-government regulations, separate regulations, rules and other normative documents, the formulation organs shall, in accordance with the principle of maintaining the unity of the legal system and reform The development needs to be cleaned up."

　　38. Change Article 103 to Article 117, and amend the second paragraph to read: "All theaters, services and arms of the Chinese People's Liberation Army, and the Chinese People's Armed Police Force may, in accordance with the law and the Central Military Commission military regulations, decisions, orders, and within the scope of its authority, formulate military regulations.”

　　39. One article is added as Article 118: "The National Supervisory Commission shall, in accordance with the Constitution and laws, and relevant decisions of the Standing Committee of the National People's Congress, formulate supervisory regulations and report them to the Standing Committee of the National People's Congress for the record."

　　40. The relevant expressions in some articles are amended as follows:

　　(1) Add "National Supervisory Commission" after "Central Military Commission" in the second paragraph of Article 14 and the second paragraph of Article 26.

　　(2) Substituting Article 24, Paragraphs 3 and 4 of Article 29, Paragraph 1 of Article 36, Paragraph 1 of Article 39, Paragraph 1 of Article 41, Paragraph 40 "Legal Committee" in Article 8 is changed to "Constitution and Law Committee"; "Legal Committee and" in Article 38, Paragraph 3 of Article 41, and Paragraph 2 of Article 60 are changed to " Constitution and Law Committee,".

　　(3) In the first paragraph of Article 66, "legislative planning and annual legislative plan" is replaced with "legislative planning and legislative plan".

　　Danzhou City, Hainan Province applies mutatis mutandis the provisions of the "Legislation Law of the People's Republic of China" on granting local legislative power to cities divided into districts.

　　This decision will come into effect on March 15, 2023.

　　The "Legislation Law of the People's Republic of China" shall be amended accordingly in accordance with this decision and the order of the articles shall be adjusted accordingly, and shall be re-promulgated.