十一屆全國人大常委會工作報告（全文）
Full text: NPC Work Report
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調整字號大小: 
| 二、過去五年工作的基本總結 | II. Review of the Work in the Past Five Years |
| 堅持和完善人民代表大會制度，做好新形勢下人大工作，是黨和人民賦予我們的光榮使命。在以往各屆特別是十屆全國人大及其常委會工作的基礎上，十一屆全國人大及其常委會進一步增強堅持和完善人民代表大會制度的自覺性，努力工作，積極探索，不斷豐富人民代表大會制度的理論與實踐，積累了新的寶貴經驗，開創了人大工作新局面。在工作中，大家體會最深的是以下六個方面。 | It is a glorious mission entrusted to us by the Party and the people to adhere to and improve the system of people's congresses and do the NPC's work well in the new situation. On the foundation of the work of past NPCs and their Standing Committees, especially the Tenth NPC and its Standing Committee, the Eleventh NPC and its Standing Committee adhered to and improved the system of people's congresses more consciously, worked hard, made active explorations, and enriched the theory and practice of the system. They accumulated fresh and valuable experience and ushered in a new stage in the NPC's work. In our work, what we developed the deepest understanding of was these six points. |
| （一）牢牢把握人大工作正確的政治方向。全國人大是最高國家權力機關，在國家政治生活中發揮著重要作用。堅持正確政治方向，是做好人大工作的根本，事關國家和民族的前途命運。我們始終堅持以馬克思列寧主義、毛澤東思想、鄧小平理論、“三個代表”重要思想、科學發展觀為指導，堅定不移走中國特色社會主義政治發展道路，堅持黨的領導、人民當家作主、依法治國有機統一，牢牢把握人大工作正確政治方向，并貫穿于行使職權的全過程，落實到履行職責的各方面。 |
1. Keeping to the correct political orientation for the NPC's work The NPC is the highest body of state power and plays an important role in the political life of the country. Keeping to the correct political orientation is the basis for doing the NPC's work well and affects the future and destiny of the country and the nation. We always followed the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of Three Represents and the Scientific Outlook on Development; unwaveringly took the path of making political advances with Chinese characteristics; upheld the unity of the leadership of the Party, the position of the people as masters of the country and the rule of law; adhered to the correct political orientation for the NPC's work; and implemented these principles throughout the whole course and in every aspect of performing duties. |
| 一是堅持黨的領導。中國共產黨是中國特色社會主義事業的堅強領導核心，以全心全意為人民服務為根本宗旨，黨的主張凝聚了全黨全國人民的集體智慧，體現了最廣大人民的共同意愿。我們自覺堅持黨對人大工作的領導，貫徹黨的基本理論、基本路線、基本綱領、基本經驗、基本要求，落實中央重大決策部署，使黨的主張通過法定程序成為國家意志，使黨組織推薦的人選通過法定程序成為國家政權機關的領導人員，從法律上制度上保證黨的路線方針政策貫徹落實，保證黨總攬全局、協調各方的領導核心作用充分發揮，確保人大各項工作，無論是立法、監督工作，還是決定重大事項、行使人事任免權，都有利于加強和改善黨的領導，有利于鞏固黨的執政地位，有利于保證黨領導人民有效治理國家。 | First, we upheld the leadership of the Party. The CPC is the firm leadership core of socialism with Chinese characteristics and it takes serving the people wholeheartedly as its fundamental purpose. The Party's stand pools the wisdom of all its members and the whole country, and represents the common aspirations of the overwhelming majority of the people. We consciously upheld the Party's leadership over the NPC's work; implemented its basic theories, line, program, experience and requirements; carried out major decisions and arrangements of the Party Central Committee; turned the views of the Party into the will of the state through statutory procedures; and placed people recommended by the Party organization in leadership positions in bodies of state power through statutory procedures. We provided legal and institutional guarantees that the Party's line, principles and policies were implemented, and ensured that the Party fully played its role as the leadership core in exercising overall leadership and coordinating everyone's efforts. We ensured that all the work of the NPC, be it legislation, oversight, deciding major issues, or exercising the power to appoint and dismiss personnel, was conducive to strengthening and improving the Party's leadership, consolidating its position as the governing party and guaranteeing that the Party led the people in effectively governing the country. |
| 二是堅持和發展中國特色社會主義。中國特色社會主義是黨和人民長期實踐取得的根本成就，是當代中國發展進步的根本方向，只有中國特色社會主義才能發展中國。我們堅定對中國特色社會主義的道路自信、理論自信、制度自信，牢牢把握社會主義初級階段基本國情，緊緊圍繞全面建成小康社會奮斗目標，堅持以經濟建設為中心，堅持四項基本原則，堅持改革開放，推動科學發展，著力改善民生，促進社會和諧，及時將改革開放和社會主義現代化建設的實踐經驗上升為法律，推動憲法和法律有效實施，推動中央重大決策部署貫徹落實，充分發揮最高國家權力機關在堅持和發展中國特色社會主義偉大實踐中的保障和促進作用。 | Second, we adhered to and developed socialism with Chinese characteristics. Socialism with Chinese characteristics is a fundamental achievement the Party and the people made through practice over a long period of time and it is the basic orientation for contemporary China's development and progress. Only socialism with Chinese characteristics can develop China. We had firm confidence in the path, theories and system of socialism with Chinese characteristics, kept firmly in mind China's basic condition of still being in the primary stage of socialism, focused on the goal of finishing building a moderately prosperous society in all respects, kept economic development as the central task, adhered to the Four Cardinal Principles and the reform and opening up policy, pursued development in a scientific way, strived to improve people's wellbeing, and promoted social harmony. We incorporated into law our practical experience in reform, opening up and socialist modernization in a timely manner; gave impetus to the effective enforcement of the Constitution, laws and major decisions and arrangements of the central leadership; and made full use of our role as the highest body of state power in ensuring and advancing the great practice of upholding and developing socialism with Chinese characteristics. |
| 三是堅持和完善人民代表大會制度。我國是工人階級領導的、以工農聯盟為基礎的人民民主專政的社會主義國家。人民代表大會制度是體現我國國家性質、保證人民當家作主的根本政治制度，也是黨在國家政權中充分發揚民主、貫徹群眾路線的最好實現形式。我們深刻認識我國人民代表大會制度的本質特征，理直氣壯地堅持自己的特色、發揮自己的優勢，不斷推進人民代表大會制度自我完善和發展；充分認識我國人民代表大會制度與西方資本主義國家政體的本質區別，堅決抵制各種錯誤思想理論影響，在重大原則問題上立場堅定、旗幟鮮明。我們借鑒人類政治文明有益成果，但絕不照搬西方政治制度模式。 | Third, we adhered to and improved the system of people's congresses. China is a socialist country with a people's democratic dictatorship led by the working class and based on an alliance of workers and farmers. The system of people's congresses is the fundamental political system that reflects the nature of China as a state and ensures that the people determine their own destiny. It is also the best possible way for the Party to fully bring democracy into play and implement the mass line in wielding state power. We fully understood the intrinsic nature of China's system of people's congresses, confidently made the most of these characteristics and our strengths, and carried out self-improvement and self-development of the system. We fully understood the essential difference between China's system of people's congresses and Western capitalist countries' systems of state power, resolutely resisted the influence of all kinds of erroneous thought and theories, and maintained a firm and clear position on major issues of principle. We drew on the political achievements of other societies, but never copied the model of Western political systems. |
| （二）緊緊圍繞黨和國家工作大局開展人大工作。人大工作是黨和國家工作的重要組成部分，涉及中國特色社會主義事業總體布局的方方面面，事關改革開放和社會主義現代化建設的順利進行。只有服從服務于黨和國家工作大局，人大工作才能取得黨和人民滿意的效果。我們始終從黨和國家事業發展的全局來謀劃和推進人大工作，依據人大工作定位和特點，統籌安排立法、監督等各項工作，集中力量、突出重點、務求實效，著力推動中央重大決策部署貫徹落實。 |
2. Focusing on the overall work of the Party and country in doing the NPC's work The NPC's work is an important part of the Party and country's work. It touches on every aspect of the overall development of socialism with Chinese characteristics and bears on the smooth advance of reform, opening up and socialist modernization. Our work can satisfy the Party and the people only by being subordinate to and serving the overall work of the Party and country. We always planned and carried out the NPC's work in reference to the overall development of the Party and country's cause, coordinated our legislative and oversight work on the basis of the role and characteristics of the NPC's work, concentrated our strengths, set priorities, sought real results, and worked to spur the implementation of major policies and arrangements of the central leadership. |
| 一是緊扣加快轉變經濟發展方式這條主線，推動科學發展。針對我國產業結構不合理、科技創新能力不強、現代服務業發展滯后等突出矛盾以及國際金融危機的沖擊和影響，常委會在每年聽取審議計劃執行情況報告的同時，專門安排聽取審議應對國際金融危機、轉變經濟發展方式、調整經濟結構、“十一五”規劃綱要實施情況中期評估以及服務業、旅游業發展等報告，檢查科技進步法實施情況，修改專利法等。常委會組成人員強調，我國粗放型增長方式已經難以為繼，加快經濟結構調整刻不容緩，國際金融危機沖擊使得調整的任務更為凸顯、更加緊迫。要正確處理解決當前困難與實現長遠發展的關系，化嚴峻挑戰為發展機遇，變市場壓力為調整動力，牢牢把握擴大內需這一戰略基點，把更多精力放到提高經濟增長的質量和效益上來，使應對國際金融危機沖擊的過程成為增強發展可持續性的過程。一要加快傳統產業轉型升級，大力發展戰略性新興產業和先進制造業，推動企業向產業鏈和利潤高端調整。二要大力發展服務業特別是現代服務業，促進制造業與服務業、現代農業與服務業融合發展，提高服務業在國民經濟中的比重。三要完善以企業為主體、市場為導向、產學研相結合的技術創新體系，推進科技與產業、科技與金融緊密結合，加大科技投入，著力突破關鍵核心技術，加快科技成果產業化，加強知識產權保護，推動經濟增長更多依靠創新驅動。 | First, keeping to the main thread of accelerating the change of the growth model, we worked for development in a scientific manner. In light of China's prominent problems, such as a skewed industrial structure, weak capability for scientific and technological innovation, and lagging development of modern service industries, and in response to the impact of the global financial crisis, the Standing Committee, in addition to annually deliberating reports on the implementation of the plans for national economic and social development, also listened to and deliberated reports on responding to the financial crisis, changing the growth model, adjusting the economic structure, developing the service and tourism industries, and the progress report on the implementation of the Eleventh Five-Year Plan. It also investigated compliance with the Law on Scientific and Technological Progress and revised the Patent Law. Members of the Standing Committee stressed that China's extensive growth model had already become unsustainable, it was imperative to accelerate economic structural adjustment, and this task had been made more prominent and urgent by the global financial crisis. We should strike a balance between solving immediate difficulties and achieving long-term development, transform serious challenges into development opportunities, transform market pressure into an impetus for adjustment, adhere to the strategic focus of boosting domestic demand, and work harder than before to raise the quality and performance of economic growth, so that the process of combating the global financial crisis becomes a process of making our development more sustainable. One, we should accelerate transformation and upgrading of traditional industries, endeavor to develop strategic emerging industries and advanced manufacturing industries, and elevate enterprises higher up industrial chains and make them more profitable. Two, we should energetically develop service industries, especially modern service industries, integrate their development with that of manufacturing and modern agriculture, and increase their share of the economy. Three, we should improve the technological innovation system that assigns enterprises the leading role, gets its orientation from the market, and connects enterprises, universities and research institutes together, closely integrate science and technology with industry and banking, scale up investment in science and technology, strive to make breakthroughs in key and core technologies, quicken the pace of industrial application of scientific and technological advances, and strengthen IPR protection, to make economic growth more innovation-driven. |
| 完善社會主義市場經濟體制，促進公有制經濟和非公有制經濟協調發展，是加快轉變經濟發展方式的重要內容。十屆全國人大制定的物權法，體現社會主義初級階段基本經濟制度，確立了平等保護物權的原則。本屆常委會制定企業國有資產法，保護國有資產權益，防止國有資產流失。還聽取審議國有企業改革與發展、促進中小企業發展等報告，強調要毫不動搖發展公有制經濟，推動國有資本向重要行業和關鍵領域集中，深化國有企業改革，健全國有資產監管體制和國有資本經營預算制度，營造有利于國有企業改革發展的良好輿論環境，不斷增強國有經濟控制力、影響力；要毫不動搖發展非公有制經濟，著力改善中小企業發展環境，拓寬融資渠道，放寬市場準入，保證各種所有制經濟依法平等使用生產要素、公平參與市場競爭、同等受到法律保護。 | Improving the socialist market economy and promoting coordinated development of the public and non-public sectors of the economy are an important aspect of accelerating the change of the growth model. The Property Rights Law, enacted by the Tenth NPC, reflects our basic economic system in the primary stage of socialism and establishes the principle of equal protection of property rights for all. The Standing Committee of the Eleventh NPC enacted the Law on State-Owned Assets of Enterprises, which protects the rights and interests of state-owned assets and prevents their loss. After listening to and deliberating reports on reforming and developing state-owned enterprises (SOEs) and advancing development of small and medium-sized enterprises (SMEs), we emphasized the need to unswervingly develop the public sector, concentrate state-owned capital in important industries and key areas, deepen SOE reform, improve the oversight system for state-owned assets and the budget system for state capital operations, cultivate public opinion favorable for SOE reform and development, and increase the capacity of the state-owned sector to exercise control and influence. We also stressed the need to unwaveringly develop the non-public sector; work hard to improve the development environment of SMEs; broaden their financing channels; relax restrictions on their market access; and ensure that economic entities under all forms of ownership have equal access to factors of production in accordance with the law, compete on a level playing field and enjoy equal protection of the law. |
| 常委會始終把推動解決“三農”問題擺在重要位置。制定農村土地承包經營糾紛調解仲裁法，修改農業技術推廣法，檢查農業法等5部涉農法律實施情況，聽取審議國家糧食安全、農田水利建設、促進農民穩定增收等6個報告，強調要落實最嚴格的耕地保護制度，切實保障農民土地承包經營權，加大對糧食主產區和農田水利建設投入，提高農業科技進步貢獻率，發展專業化、標準化、規模化、集約化生產；完善強農惠農富農政策，加大財政“三農”投入，加強現代農業建設，支持農民多渠道轉移就業，推進社會主義新農村建設，推動城鄉發展一體化。 | The Standing Committee always placed importance on spurring the resolution of problems related to agriculture, rural areas and farmers. We enacted the Law on Mediation and Arbitration of Rural Land Contract Management Disputes; revised the Law on Disseminating Agricultural Technology; investigated compliance with the Agriculture Law and four other agriculture-related laws; and listened to and deliberated six reports on such issues as national food security, irrigation and water conservancy, and ensuring steady increase of farmers' income. We emphasized the need to implement the system of providing the strictest possible protection for farmland; effectively protect farmers' contracted land-use rights; increase investment in main grain-producing areas and in construction on irrigation and water conservancy facilities; increase the share scientific and technological advances contribute to agricultural development; and develop specialized, standardized, large-scale, and intensive production. We also stressed the need to improve the policy of boosting agriculture, benefiting farmers and increasing rural prosperity; increase government spending on agriculture, rural areas and farmers; strengthen development of modern agriculture; support farmers in finding nonagricultural employment through multiple channels; develop a new socialist countryside; and promote integrated development of urban and rural areas. |
| 針對資源環境約束加劇的嚴峻挑戰，常委會制定循環經濟促進法，修改可再生能源法、水土保持法、清潔生產促進法，聽取審議環境保護、水污染防治、土地和礦產資源管理等報告，開展環境影響評價法、清潔生產促進法、節約能源法執法檢查，從法律層面和工作層面促進綠色發展、循環發展、低碳發展，推進社會主義生態文明建設。結合聽取審議國務院應對氣候變化工作情況報告，常委會作出關于積極應對氣候變化的決議，進一步明確我國應對氣候變化的指導思想、基本原則和措施要求，強調要堅持共同但有區別的責任原則，同國際社會一道積極應對全球氣候變化。國務院高度重視貫徹常委會的決議，提出我國控制溫室氣體排放行動目標，既維護了我國的發展權益，又展示了良好的國際形象，得到國際社會的廣泛好評。 | In response to the severe challenges brought on by intensifying resources and environmental constraints, the Standing Committee enacted the Law on Promoting the Circular Economy and revised the Law on Renewable Energy, the Law on Water and Soil Conservation, and the Law on Promoting Clean Production. It listened to and deliberated reports on environmental protection, prevention and control of water pollution, and management of land and mineral resources, and it investigated compliance with the Environmental Impact Assessment Law, the Law on Promoting Clean Production and the Energy Conservation Law. All this work promoted green, circular and low-carbon development and socialist ecological progress by legislative means. After listening to and deliberating the State Council's report on its response to climate change, the Standing Committee adopted a resolution on actively addressing climate change, which further defined the guiding thought, basic principles and required measures in this area, and stressed the need to adhere to the principle of common but differentiated responsibilities and to actively cope with global climate change together with the international community. The State Council attached great importance to implementing this resolution and set forth action targets for controlling greenhouse gas emissions, which not only safeguarded China's development interests, but also projected its good image in the world and won widespread acclaim from the international community. |
| 為貫徹黨的十七屆六中全會精神，常委會聽取審議文化體制改革、文化產業發展等報告，并制定非物質文化遺產法，開展文物保護法執法檢查。常委會組成人員強調，促進文化大發展大繁榮，要堅持社會主義先進文化前進方向，堅持中國特色社會主義文化發展道路，堅持把社會效益放在首位，繼續深化體制機制改革，完善公共文化服務體系，大力發展文化事業，積極發展文化產業，弘揚中華優秀傳統文化，更好地滿足人民精神文化需求。 | To implement the guiding principles of the Sixth Plenary Session of the Party's Seventeenth National Congress, the Standing Committee listened to and deliberated reports on reform of the cultural system and development of the cultural industry. It enacted the Intangible Cultural Heritage Law and investigated compliance with the Law on the Protection of Cultural Relics. Standing Committee members emphasized that to achieve great cultural development and enrichment, it is necessary to adhere to the orientation of advanced socialist culture and the socialist path of making cultural advances with Chinese characteristics, give high priority to social benefits, continue to deepen reform of cultural institutions and mechanisms, and improve the system of public cultural services. They also emphasized the need to greatly develop cultural programs, actively develop the cultural industry, promote fine traditional Chinese culture, and better satisfy people's intellectual and cultural needs. |
| 二是圍繞加強和創新社會管理，促進社會和諧穩定。為推進網絡依法規范有序運行，保護公民個人及法人電子信息安全，作出關于加強網絡信息保護的決定。近些年來，網絡技術迅猛發展、廣泛運用，對促進經濟社會發展發揮了重要作用，同時也帶來很多嚴重問題。社會各方面強烈呼吁加強網絡社會管理、嚴厲打擊網絡違法犯罪，全國人大代表也多次提出議案建議，要求盡快制定網絡安全方面的法律。常委會認真總結網絡發展和管理的實踐經驗，分析國外網絡立法情況，廣泛聽取各方面意見，以法律形式保護公民個人及法人電子信息安全，確立網絡身份管理制度，明確網絡服務提供者的義務和責任，并賦予政府主管部門必要的監管手段。常委會的決定對促進社會和諧，維護國家安全和政治穩定，確保國家長治久安具有重要意義。 | Second, we strengthened and made innovations in social management in order to promote social harmony and stability. We adopted a decision to strengthen Internet information protection in order to ensure the law-based and orderly operation of the Internet and protect the security of the electronic information of citizens and legal persons. In recent years, the fast development and wide application of network technologies has been instrumental in stimulating economic and social development, but it has also given rise to many serious problems. There were extensive and loud calls in society for stronger social management of the Internet and crackdown on cybercrime. NPC deputies also put forth many bills and proposals, and demanded that a law on cyber security be enacted as soon as possible. The Standing Committee thoroughly reviewed practical experience in developing and managing the Internet, analyzed other countries' legislation concerning the Internet, and solicited opinions from all sectors, and on this basis used statutory means to protect the security of the electronic information of citizens and legal persons and established the online ID management system. It spelled out the obligations and responsibilities of Internet service providers and conferred necessary means of oversight and supervision on competent government departments. This decision of the Standing Committee is of great significance for promoting social harmony, safeguarding national security and political stability, and ensuring enduring peace and stability of the country. |
| 常委會制定人民調解法，總結人民調解工作積累的好經驗好做法，從法律上完善這一具有中國特色的非訴訟糾紛解決方式，明確人民調解與其他糾紛解決機制的關系，加強對人民調解工作的支持和保障，努力將民間糾紛和社會矛盾化解在基層，解決在萌芽狀態。為預防和減少因醫療損害、環境污染、產品缺陷等引發的社會矛盾，在侵權責任法中對歸責原則、賠償范圍及標準等作出明確規定，更好地起到平衡利益、定分止爭的作用。為強化公共安全體系建設，及時修改道路交通安全法和消防法，聽取審議相關工作報告，強調要堅持警鐘長鳴、常抓不懈，加大交通肇事行為處罰力度，加大人員密集場所消防設施建設，大力整治安全隱患，切實保障人民群眾生命財產安全。為推動加強基層社會管理服務，開展城市社區建設有關問題專題調研，強調要充分發揮我國的政治優勢和制度優勢，強化基層黨政組織、城鄉社區群眾自治組織社會管理和公共服務職能，努力提高社會管理科學化水平。 | In enacting the People's Mediation Law, the Standing Committee reviewed the good experience and methods of people's mediation, incorporated into law this uniquely Chinese way of resolving disputes without recourse to litigation, clarified its relationship with other mechanisms for resolving disputes, and strengthened support and guarantees for the work of people's mediation, so as to resolve people's disputes and social problems at the community level and nip them in the bud. To prevent and reduce social problems arising from medical misadventures, environmental pollution and defective products, the Standing Committee defined the principle of liability attribution and the scope and standards of compensation in the Law on Tort Liability, which will better help balance interests and resolve disputes. In order to strengthen the public safety system, we revised the Road Traffic Safety Law and the Fire Protection Law in a timely manner, and listened to and deliberated relevant work reports. We stressed the need to keep alert to potential risks, tirelessly deal with them, mete out heavier penalties to perpetrators of traffic accidents, better equip places with a high concentration of people with firefighting equipment, and eliminate latent hazards, in order to effectively protect people's lives and property. In order to enhance social management and services at the community level, we carried out investigations and studies on problems related to urban community development, and emphasized the need to make full use of China's political and institutional strengths, make community-level Party and government organizations and urban and rural community-based self-governing organizations better able to exercise social management and provide public services, and strive to make social management more scientific. |
| 三是抓住改革發展面臨的深層次矛盾，推動重要領域改革。改革開放以來，我國城鄉居民收入不斷增加、生活水平不斷提高，但收入分配領域也逐漸積累了一些突出矛盾和問題。合理調整收入分配關系，既是事關全局的一項重大改革，也是轉變經濟發展方式的客觀需要。常委會對此高度重視，2010年將國民收入分配問題作為調研的重點課題，提出盡快制訂收入分配改革方案的意見和建議，為中央研究編制“十二五”規劃提供重要參考。2011年又著重就提高居民收入在國民收入分配中的比重、提高勞動報酬在初次分配中的比重、規范收入分配秩序、強化稅收調節作用等問題，組織開展專題調研，要求有關方面認真落實“十二五”規劃綱要確定的目標任務，盡快扭轉收入差距擴大趨勢，形成合理有序的收入分配格局，使發展成果惠及全體人民。 | Third, we helped advance reform in key areas with the focus on recondite problems in reform and development. Since the adoption of reform and opening up, the income of both urban and rural residents has risen and their lives have improved. However, some prominent conflicts and problems have emerged in income distribution. Properly adjusting income distribution is not only a major reform bearing on the overall situation, but also an objective requirement for changing the growth model. The Standing Committee attached great importance to this issue. In 2010, it listed national income distribution as a key topic for investigation and study, and made suggestions on formulating a plan as soon as possible for carrying out income distribution reform, which served as important reference material for the central leadership in drawing up the Twelfth Five-Year Plan. In 2011, the Standing Committee organized and carried out investigations and studies on raising the proportion of individual income in the national income, increasing the proportion of work remuneration in primary distribution, improving the way income is distributed and making better use of taxation in adjusting income. We called on everyone involved to conscientiously attain the objectives and fulfill the tasks of the Twelfth Five-Year Plan, narrow the growing income gap as soon as possible, and form a reasonable and orderly pattern of income distribution, so that everyone shares in the fruits of development. |
| 針對調研中發現的一些地方政府融資平臺公司數量多、舉債融資不規范、不少地區和行業償債能力弱等問題，我們及時提出要高度重視防范和化解地方政府性債務風險。國務院于2010年12月部署地方政府性債務專項審計，并在2011年的審計工作報告中向常委會匯報了專項審計情況；與此同時，我們就化解地方政府性債務風險開展專題調研。常委會組成人員強調，要抓緊清理地方政府融資平臺公司，對已形成的地方政府性債務要區別情況、分類處理，逐步化解地方政府性債務風險；地方政府性債務收支要納入預算，接受同級人大審查和監督，地方各級預算要按照量入為出、收支平衡的原則編制，不能打赤字。 | In light of problems we found during investigations and studies such as too many local government financing corporations, insufficient standardization of debt financing, and the inability of many regions and industries to repay their debts, we proposed that the government should work to guard against and defuse local government debt risks. The State Council began auditing local government debt in December 2010 and reported the results to the Standing Committee in its 2011 report on auditing work. At the same time, we conducted investigations and studies on how to defuse local government debt risks. Members of the Standing Committee stressed the need to promptly put local government financing corporations in order, deal with existing local government debts on the basis of their circumstances and type, and gradually defuse local government debt risks. They also stressed the need for local governments to include revenue and expenditures of their debts in their budgets and subject them to review and oversight by the people's congress at the same level, and for local governments to prepare their budgets on the basis of the principle of balancing accounts by keeping expenditures within the bounds of revenue and not allowing a deficit. |
| 建立健全縣級基本財力保障機制，關系到國家基層政權建設和經濟社會發展大局。針對一些地方縣級財政困難，2008年常委會在審查中央決算時提出，要力爭用2至3年時間建立起以保工資、保運轉、保民生為目標的縣級基本財力保障機制。隨后，就這個問題多次開展專題調研，并在2012年聽取審議國務院相關報告。常委會組成人員對這些年縣級基本財力保障工作取得的積極進展給予充分肯定，同時強調要進一步合理界定縣級政府支出責任，提高一般性轉移支付比重，大力發展縣域經濟，健全中央和地方財力與事權相匹配的體制，增強基層政府提供基本公共服務的能力。 | Establishing a sound mechanism to ensure basic funding for county-level governments is essential for strengthening them and carrying out overall economic and social development. To help county-level governments that have financial difficulties, when examining the final accounts of the central government in 2008, the Standing Committee declared that a mechanism ensuring payment of wages and salaries, normal government operations and people's wellbeing should be established within two to three years to ensure basic funding for county-level governments. Then we conducted many investigations and studies, and listened to and deliberated the State Council's report on this issue in 2012. While fully affirming the positive results in ensuring basic funding for county-level governments, members of the Standing Committee emphasized the need to properly define the spending responsibilities of county-level governments, raise the proportion of general transfer payments, vigorously develop county economies, progressively establish a system in which the financial resources of the central and local governments are in line with their responsibilities, and make these governments better able to provide basic public services. |
| 2008年5月四川汶川特大地震災害發生后，我們按照中央部署緊急行動，第一時間召開委員長會議，聽取國務院專題匯報，根據特事特辦原則，立足災區實際需要，建議動用中央預算穩定調節基金，建立災后恢復重建基金；6月份的常委會會議，專門聽取審議國務院抗震救災工作報告并作出決議，全力支持國務院和有關方面的工作，動員全國人民支援災區、共克時艱，并批準2008年中央預算調整方案，為抗震救災及恢復重建提供資金保障；12月份的常委會會議，在總結抗震救災實踐經驗的基礎上，對防震減災法作出重大修改，為抗震救災及恢復重建提供法律保障。 | In the wake of the massive earthquake that hit Wenchuan, Sichuan Province, in May 2008, we sprang into action under the direction of the central leadership and held a meeting of the Chairperson's Council to listen to the State Council's report on the earthquake. On the basis of the principle of taking special measures in special situations, we proposed that the central budget stabilization fund should be used to establish a fund for post-earthquake recovery and reconstruction to meet the actual requirements of earthquake-devastated areas. At its June meeting, the Standing Committee listened to the State Council's report on earthquake relief and adopted a resolution to fully support the work of the State Council and other parties and called on people throughout the country to support earthquake-hit areas and get through the hard times together. At the meeting we also approved the revision of the 2008 central budget to ensure funding for earthquake relief and post-earthquake recovery and reconstruction. Based on its review of the practical experience in earthquake relief, the Standing Committee made major revisions at its December meeting to the Law on Protecting Against and Mitigating Earthquake Disasters, thereby providing legal guarantees for earthquake relief and post-disaster recovery and reconstruction. |
| 香港特別行政區基本法、澳門特別行政區基本法的解釋權屬于全國人大常委會。常委會審議通過關于香港特別行政區基本法第十三條第一款和第十九條的解釋，明確國家豁免屬于外交事務范疇、決定國家豁免規則和政策屬于中央的權力、香港特別行政區須遵循國家統一的國家豁免規則和政策。這是第一次由香港特別行政區終審法院在審理案件過程中，就基本法有關中央人民政府管理的事務和中央與特別行政區關系的條款，提請全國人大常委會進行解釋。常委會審議通過關于澳門特別行政區基本法附件一第七條和附件二第三條的解釋，明確修改澳門特別行政區行政長官和立法會產生辦法的程序，并在認真審議澳門特別行政區行政長官提出的有關報告基礎上，作出關于澳門特別行政區2013年立法會產生辦法和2014年行政長官產生辦法有關問題的決定。還分別對香港特別行政區、澳門特別行政區行政長官和立法會產生辦法修正案給予批準或備案。常委會作出的有關解釋和決定，確保了“一國兩制”方針貫徹落實，確保了兩個基本法全面正確實施。 | The power to interpret the Basic Law of the Hong Kong Special Administrative Region (HKSAR) and the Basic Law of the Macao Special Administrative Region (MSAR) belongs to the NPC Standing Committee. The Standing Committee examined and approved the interpretations of Paragraph 1 of Article 13 and of Article 19 of the Basic Law of the HKSAR, and made it clear that state immunity falls under the category of diplomatic affairs, that the power to decide rules and policies concerning state immunity belongs to the central government, and that the HKSAR must abide by unified state rules and policies on state immunity. This was the first time the Court of Final Appeals of the HKSAR, in the course of adjudicating a case, requested the Standing Committee to render an interpretation concerning articles of the Basic Law pertaining to matters administered by the Central People's Government and relations between the central government and the special administrative region. The Standing Committee also examined and approved the interpretations of Article 7 of Annex I and Article 3 of Annex II of the Basic Law of the MSAR to clarify the procedures for revising the methods for selecting the Chief Executive of the MSAR and forming its Legislative Council. On the basis of careful deliberation of a report by the Chief Executive of the MSAR, the Standing Committee adopted a decision on the methods for forming the Legislative Council of the MSAR in 2013 and selecting its Chief Executive in 2014. The Standing Committee approved or kept on file the amendments to the methods for selecting the chief executives of the HKSAR and MSAR and forming their legislative councils. These interpretations and decisions of the Standing Committee ensured the implementation of the principle of "one country, two systems" and the comprehensive and correct implementation of the two basic laws. |
| （三）把維護最廣大人民根本利益作為人大工作的出發點和落腳點。在我國，國家的一切權力屬于人民，人民是國家和社會的主人。人民通過各級人民代表大會行使國家權力，管理國家和社會事務、管理經濟和文化事業。我們始終堅持人民主體地位，堅持走群眾路線，從人民的實踐創造中汲取智慧，從人民的發展要求中獲得動力，努力使人大各項工作更好地反映民意、集中民智、貼近民生，實現好維護好發展好最廣大人民的根本利益。 |
3. Making safeguarding the fundamental interests of the overwhelming majority of the people the starting point and objective of the work of the NPC In China, all state power belongs to the people, and the people are the masters of the country and society. The people exercise state power and manage state and societal affairs and economic and cultural undertakings through people's congresses at all levels. We always upheld the principal position of the people, adhered to the mass line, derived wisdom from their practices and creations, and drew motivation from their demands for development. We worked hard to make the NPC's work better reflect the sentiments of the people, pool their wisdom and show concern for their wellbeing; and to realize, safeguard and develop the fundamental interests of the overwhelming majority of the people. |
| 一是健全民主制度，發展人民民主。選舉權是人民當家作主的基本權利。我們貫徹落實黨的十七大精神，修改選舉法，實行城鄉按相同人口比例選舉人大代表，保證各民族、各地區、各方面都有適當數量的人大代表，更好地體現人人平等、地區平等、民族平等。提出做好全國縣鄉人大換屆選舉和全國人大代表選舉工作的指導意見，就十二屆全國人大代表選舉的有關法律問題作出決定。各地堅持黨的領導、充分發揚民主、嚴格依法辦事，全國縣鄉人大換屆選舉順利完成，十二屆全國人大代表順利產生，代表結構進一步優化，為堅持和完善人民代表大會制度提供了堅實的組織保障。 | First, we improved democratic institutions and developed people's democracy. The right to vote is the people's basic right as masters of the country. Following the guiding principles of the Seventeenth CPC National Congress, we revised the Electoral Law of the National People's Congress and Local People's Congresses to ensure that deputies to people's congresses are elected based on the same population ratio in both urban and rural areas, and that people's congresses have an appropriate number of deputies from every ethnic group, region and sector, in order to more fully embody equality between all people, regions and ethnic groups. We formulated guidelines on electing new people's congresses at county and township levels across the country and electing deputies to the NPC, and made a decision on legal issues concerning the election of deputies to the Twelfth NPC. All localities upheld the leadership of the Party, brought democracy into full play, and strictly complied with the law, and on that basis smoothly completed the election of their new county and township people's congresses and elected their deputies to the Twelfth NPC. The deputy mix was further improved. This provided a firm organizational guarantee for upholding and improving the system of people's congresses. |
| 基層民主制度是人民依法直接行使民主權利的重要制度保障。常委會修改村民委員會組織法，完善村委會選舉和罷免程序，健全村民會議、村民代表會議等民主議事制度，強化信息公開、村務監督、民主評議等方面規定，保證基層群眾更好地行使民主選舉、民主決策、民主管理、民主監督的權利。檢查工會法實施情況，強調要全心全意依靠工人階級，健全企事業單位民主管理制度，保障職工的知情權、參與權、表達權、監督權。 | Community-level democracy is an important institution ensuring that the people directly exercise their democratic rights in accordance with the law. The Standing Committee revised the Organic Law of Villagers' Committees, improved procedures for electing and dismissing members of villagers' committees, enhanced democratic procedural systems such as villagers' congresses and villagers' conferences, and strengthened regulations on transparency in and oversight and democratic discussion of village affairs, in order to ensure that villagers better exercise their right to conduct democratic elections, decision-making, administration and oversight. We investigated compliance with the Trade Union Law, stressed the need to rely on the working class wholeheartedly, and improved the democratic management system of enterprises and public institutions to ensure their employees' right to stay informed about, participate in, express views on and oversee their organization's affairs. |
| 二是加強社會領域立法和監督，保障和改善民生。為推進城鄉社會保障體系建設，常委會制定社會保險法，明確國家建立基本養老、基本醫療和工傷、失業、生育等社會保險制度，并對群眾最為關心的基本養老保險關系轉移接續，提高基本養老保險基金統籌層次，建立新型農村社會養老保險制度和新型農村合作醫療制度等作出原則規定。修改老年人權益保障法，適應我國人口老齡化趨勢，確立社會養老服務體系的基本框架，逐步提高老年人保障水平。聽取審議農村社會保障體系建設、社會救助工作情況報告，要求加快實現新型農村社會養老保險全國覆蓋，逐步提高新型農村合作醫療補助標準，盡快解決失地農民社會保障等問題，切實保障城鄉生活困難群眾基本生活。還組織有關專門委員會就農村社會保障體系建設開展跟蹤檢查，并聽取審議跟蹤檢查報告，有力地推動了相關工作，新農保參保人數從2010年初的3326萬人增加到2012年底的4.6億人。 | Second, we strengthened social legislation and oversight to safeguard and improve people's wellbeing. The Standing Committee enacted the Social Insurance Law to advance development of the social security system for both urban and rural residents. The law clearly states that the state establishes a social security system that includes basic old-age insurance, basic medical insurance, workers' compensation, unemployment insurance and maternity insurance. In addition, the Standing Committee also set forth provisions in principle on how to transfer basic old-age insurance accounts between localities, which is of the greatest concern to people; turn over unified management of basic old-age insurance funds to higher-level authorities; and establish a new old-age insurance system for rural residents and a new rural cooperative medical care system. In response to the aging of the population, we revised the Law on Guaranteeing the Rights and Interests of Senior Citizens so as to create the basic framework for a system of social services for seniors and progressively raise the level of guarantees. We listened to and deliberated reports on development of the rural social security system and on social aid, and set forth the requirements of quickly achieving full coverage of the new old-age insurance for rural residents, progressively raising government subsidies for subscribers to the new rural cooperative medical care system, providing social security for landless rural residents as soon as possible, and ensuring that poor urban and rural residents can meet basic living expenses. We organized an NPC special committee to make a follow-up investigation on development of the rural social security system, and listened to and deliberated their investigative reports. All this greatly spurred rural social security work, and the number of subscribers to the new rural old-age insurance system increased from 33.26 million at the beginning of 2010 to 460 million at the end of 2012. |
| 住房、醫療和教育是人民群眾十分關心的重大民生問題。常委會聽取審議城鎮保障性住房建設和管理、深化醫藥衛生體制改革進展情況報告，并開展專題詢問，強調要建立可持續的保障性住房建設資金投入機制，嚴格區分保障性住房和改善性住房的界限，建立健全保障性住房公平分配和運營機制，真正使低收入住房困難戶得到實惠；醫藥衛生體制改革要優先滿足群眾基本醫療衛生需求，著力解決群眾反映強烈的“看病難”、“看病貴”問題。為規范義務教育，十屆常委會修改了義務教育法，明確規定義務教育經費納入財政預算，義務教育不收學費雜費，并就此開展執法檢查，本屆常委會又開展新一輪執法檢查，重點推動落實義務教育經費保障機制。還聽取審議國家中長期教育改革和發展規劃綱要實施情況報告，強調要確保2012年國家財政性教育經費支出占國內生產總值的比重達到4%。 | Housing, medical care and education are major issues concerning the wellbeing of the people and are of great concern to them. The Standing Committee listened to and deliberated reports on building and managing government-subsidized urban housing and on progress in deepening reform of the medical and health care systems; conducted inquiries on these issues; and stressed the need to establish a mechanism of sustainable funding for building government-subsidized housing, strictly differentiate government-subsidized housing from second homes, and establish a sound mechanism for equitable distribution and operation of government-subsidized housing, in order to genuinely benefit low-income people with housing difficulties. The Standing Committee also emphasized that the reform of the medical and health care systems needs to give high priority to meeting people's demand for basic medical and health care and great efforts should be made to solve the problem of unaffordable and inadequate medical services, a problem people are very concerned about. To make compulsory education more standardized, the Standing Committee of the Tenth NPC revised the Law on Compulsory Education, which clearly stipulates that funding for compulsory education shall be included in government budgets and students receiving compulsory education shall be exempted from paying tuition and miscellaneous fees. The Standing Committee also investigated compliance with the law. This Standing Committee carried out more investigations for the same purpose, with the focus on promoting the implementation of the mechanism for ensuring funding for compulsory education. We also listened to and deliberated a report on the implementation of the National Medium- and Long-Term Plan for Education Reform and Development, and stressed the need to ensure that government spending on education should account for 4% of China's GDP in 2012. |
| 食品安全、飲用水安全關系人民群眾身體健康和生命安全。針對食品非法添加、濫用食品添加劑等突出問題，常委會制定的食品安全法明確規定，只有在技術上確有必要、經過風險評估證明安全可靠的食品添加劑才能使用；確需使用食品添加劑的，必須嚴格執行食品安全標準規定的品種、范圍和用量。還兩次開展食品安全法執法檢查，推動國務院及其有關部門健全食品安全統籌協調機制，完善食品安全標準體系，建立風險監測和評估機制，開展食品非法添加、濫用食品添加劑專項整治，依法查處了一批典型案件。為推動解決城鄉居民飲用水安全問題，在聽取審議國務院相關報告時，要求切實加強飲用水水源保護和管理，積極推進農村飲用水安全工程建設和城市供水管網改造，著力提升水源、水質監測能力和突發事件應急處置能力。 | Food and drinking water safety is vital to people's health and lives. To address serious problems of illegal use and misuse of food additives, the Standing Committee enacted the Law on Food Safety, which clearly stipulates that food additives may be used only if they are technically necessary and have been proved safe through risk assessment, and that when the use of a food addictive is necessary, the type, scope and concentration of the food additive used must strictly conform with food safety standards. We conducted two rounds of inspections on compliance with the law. On our urging, the State Council and its relevant departments improved the mechanism for coordinating food safety work and the system of food safety standards, created a risk monitoring and assessment mechanism for food safety, carried out a campaign to stop the illegal use and misuse of food additives, and investigated a number of prominent cases and brought the perpetrators to justice in accordance with the law. In order to help solve problems in ensuring drinking water safety for urban and rural residents, when we listened to and deliberated the State Council's report on the issue, we called for effectively strengthening protection and management of drinking water sources, energetically carrying out the project to ensure drinking water safety in rural areas, upgrading urban water supply networks, and improving capabilities to monitor the sources and quality of drinking water and respond to emergencies. |
| 消除貧困、實現共同富裕，是社會主義的本質要求。為貫徹2011年中央扶貧開發工作會議精神，我們把推動扶貧開發作為監督工作的重要內容，深入大別山革命老區等地，實地了解連片特困地區群眾所思所盼，立足當前、著眼長遠，提出依托本地資源優勢發展特色農業、開展農村金融改革試點、建設工業園承接產業轉移、加強職業教育、完善基礎設施等具體措施，并加強同國務院有關部門及地方政府的溝通協調，推動這些重大舉措落到實處，努力探索革命老區脫貧致富、科學發展的新路子。常委會還聽取審議少數民族和民族地區經濟社會發展情況的報告，組織有關專門委員會開展調查研究，督促有關方面認真貫徹實施民族區域自治法，落實中央加快民族地區經濟社會發展的政策措施，加大在基礎設施建設、優勢產業發展、基本公共服務、扶貧開發和生態保護等方面的支持力度，推進民族地區實現跨越式發展。 | Eradicating poverty and bringing prosperity to all is an essential requirement of socialism. In accordance with the guiding principles of the 2011 Central Work Conference on Poverty Alleviation and Development, we made facilitating poverty alleviation and development an important aspect of our oversight work, and travelled to the old revolutionary base area in the Dabie Mountains and other contiguous poor areas to find out what the people there think and expect of the government. Basing ourselves in the present while looking ahead to the future, we proposed specific measures to encourage regions to use their local resource advantages to develop agriculture, launch a trial financial reform in rural areas, develop industrial parks and relocate industries to them, strengthen vocational education, and improve infrastructure. We strengthened communication and coordination with State Council departments and local governments to ensure that these measures were implemented. We did this as part of our efforts to find new ways for old revolutionary base areas to shake off poverty and develop in a scientific way. In addition, the Standing Committee listened to and deliberated reports on the economic and social development of ethnic minorities and ethnic minority areas; arranged for special committees to conduct investigations and studies on this issue; and urged relevant authorities to earnestly implement the Law on Regional Ethnic Autonomy, carry out the central leadership's policies and measures for accelerating economic and social development of ethnic minority areas, and increase support for these areas to develop their infrastructure, industries with local advantages, and basic public services, and to advance poverty alleviation, development and ecological conservation so they might achieve leapfrog development. |
| 三是完善訴訟、刑事、行政法律制度，尊重和保障人權。十屆全國人大通過的憲法修正案，明確將國家尊重和保障人權載入憲法。按照這一憲法原則，我們貫徹中央司法體制改革精神，修改刑事訴訟法，正確處理懲治犯罪與保障人權的關系，從證據制度、辯護制度、強制措施、審判程序、執行程序等方面對現行刑事訴訟制度作了重要補充和完善。修改民事訴訟法，進一步保障民事案件當事人訴訟權利，健全舉證制度，完善調解與訴訟銜接機制，強化民事訴訟法律監督。為落實寬嚴相濟的刑事政策，十屆常委會修改的人民法院組織法，將死刑案件核準權統一收歸最高人民法院，本屆常委會審議通過的刑法修正案(八)，取消13個經濟性非暴力犯罪死刑罪名，使我國刑罰結構更趨合理。行政強制制度和國家賠償制度直接涉及公權力的行使和公民合法權益的保護。在制定行政強制法和修改國家賠償法過程中，堅持正確處理權力與權利、權力與責任的關系，既賦予國家行政機關、審判機關、檢察機關必要的權力，又對權力的行使進行規范、制約和監督，避免和防止權力濫用，切實維護公民、法人和其他組織的合法權益。 | Third, we improved the procedural, criminal and administrative legal systems to better respect and protect human rights. The revised Constitution passed by the Tenth NPC categorically stipulates that the state respects and protects human rights. In light of this constitutional principle and the central leadership's guidelines on reforming the judicial system, we revised the Criminal Procedure Law to properly balance punishing crime and protecting human rights, and considerably supplement and improve the current criminal procedure system in terms of the system of evidence, the system of defense, coercive measures, procedures for trials, and procedures for executing judgments. We revised the Civil Procedure Law to better safeguard the procedural rights of parties to civil lawsuits, improve the system of evidence, improve the mechanism for coordinating mediation and litigation, and strengthen oversight of civil litigation proceedings. To implement the penal policy of severity tempered with mercy, the Standing Committee of the Tenth NPC revised the Organic Law of the People's Courts so that the Supreme People's Court alone has the power to rule on cases carrying the death penalty, and this Standing Committee deliberated and passed Amendment VIII to the Criminal Law to remove 13 nonviolent economic crimes from the list of capital crimes, thereby making punishment better fit the crime. The administrative enforcement system and the state compensation system directly affect the exercise of public power and the protection of citizens' legitimate rights and interests. We enacted the Law on Administrative Enforcement and revised the Law on State Compensation by striking a proper balance between powers and rights and between powers and responsibilities, and giving state administrative, judicial and procuratorial bodies the powers they require while standardizing, constraining and overseeing their exercise of power, in order to avoid and prevent abuses of power and effectively protect the legitimate rights and interests of citizens, legal persons and other organizations. |
| （四）充分發揮人大代表參與管理國家事務的作用。全國人大代表是最高國家權力機關組成人員。尊重代表的權利就是尊重人民的權利，保障代表依法履職就是保證人民當家作主。我們始終把充分發揮代表作用作為堅持和完善人民代表大會制度的重要內容，在總結實踐經驗的基礎上修改代表法，進一步推進代表工作制度化，提高代表服務保障工作水平，更好地發揮代表參與管理國家事務的作用。 |
4. Getting deputies to the NPC to fully play their role in participating in the administration of state affairs Deputies to the NPC are members of the highest body of state power. Respecting the rights of deputies is tantamount to respecting those of the people, and guaranteeing that deputies perform their duties in accordance with the law is the same as ensuring that the people are masters of the country. We always made getting deputies to fully play their role an important aspect of upholding and improving the system of people's congresses. We revised the Law on Deputies to People's Congresses on the basis of a review of our practical experience, made our work related to deputies more systemic, provided better services for them, and got them to better play their role in participating in the administration of state affairs. |
| 一是保證代表參加行使國家權力。出席人民代表大會會議，審議和表決各項議案、報告和其他議題，是代表參加行使國家權力的主要形式。為充分保證代表的民主權利，每次大會前，組織代表審閱和討論擬提請大會審議的重要議案，認真聽取代表意見和建議；會議期間，堅持發揚民主、集思廣益，督促有關方面根據代表的意見和建議，修改完善各項議案和報告；會議結束后，及時將代表審議意見匯總整理，送有關方面研究改進工作。充分保證代表知情知政，及時向代表提供經濟社會發展情況等材料，適時舉辦形勢報告會，組織代表開展集中視察和專題學習，幫助代表了解黨和國家重大決策以及有關工作進展情況，為代表審議好議案和報告創造條件。 | First, we ensured that deputies to the NPC participated in the exercise of state power. The deputies to this NPC participated in the exercise of state power mainly by attending NPC sessions and deliberating and voting on bills, reports and other matters. To fully ensure the democratic rights of deputies, before NPC sessions we organized them to go over and discuss important bills to be presented to the session for deliberation, and we conscientiously listened to their comments and suggestions on them. During NPC sessions, we promoted democracy, adopted all useful ideas of deputies, and urged relevant parties to revise and improve their bills and reports in light of deputies' comments and suggestions. After NPC sessions, we promptly consolidated and put in order the comments and suggestions of deputies and referred them to relevant parties to study them and make improvements. We made every effort to keep deputies informed of developments in state affairs by promptly providing them with materials on the country's economic and social development, holding meetings as needed to brief them on the situation, and organizing inspection tours and study sessions for them on special topics, and helped them become acquainted with the major decisions of the Party and country and the progress of their work, thereby creating good conditions for them to deliberate bills and reports. |
| 二是增強代表議案和建議辦理實效。提出議案和建議是代表依法履職的重要內容，辦理代表議案和建議是國家機關的法定職責。常委會每年聽取審議各專門委員會關于代表議案審議結果的報告，聽取常委會辦公廳和有關方面關于代表建議辦理情況的報告。代表議案和建議承辦單位注重加強與代表的聯系，邀請代表參加座談會和專題調研，共同研究辦理方案，有關專門委員會還加強對重點辦理代表建議的跟蹤督辦，努力使議案辦理過程成為提高立法質量的過程，使建議辦理過程成為推動改進工作的過程。職業病防治法的修改，就吸收了代表提出的明確用人單位責任、發揮工會組織作用、加強工作場所環境檢測等意見。寧夏代表團建議中提出的保障西海固地區飲水安全、實施生態移民搬遷以及發展節水高效農業等問題，內蒙古代表團建議中提出的保護草原生態、增加牧民收入等問題，經過持續跟蹤督辦和各方面共同努力，已經得到較好解決，一些好的做法還在全國推廣。這不僅是充分發揮代表作用的結果，更是人民當家作主的重要體現。 | Second, we handled bills and proposals of deputies more effectively. Submitting bills and proposals is an important way deputies perform their duties in accordance with the law, and it is the legally mandated duty of state bodies to handle their bills and proposals. Every year, the Standing Committee listened to and deliberated reports of special committees on the results of their deliberation of deputies' bills, and listened to reports of the General Office of the Standing Committee and relevant parties on their handling of deputies' proposals. Organizations to which deputies' bills and proposals were referred increased ties with deputies, invited them to participate in symposiums and in investigations and studies on special issues, and worked with them on studying and handling their bills and proposals. Special committees strengthened follow-up oversight of the handling of key proposals and worked to ensure that the handling of bills raised the quality of legislation, and the handling of proposals helped improve work. For example, the Law concerning the Prevention and Control of Occupational Diseases was revised on the basis of deputies' proposals that the responsibilities of employers be clarified, trade unions play a bigger role, and workplace monitoring be strengthened. The problems of how to ensure safe drinking water in Xihaigu, Ningxia, relocate people for ecological reasons, and develop water-conserving, high-efficiency agriculture, raised by the Ningxia delegation of deputies in its proposals to the NPC, and the problems of how to protect the ecology of grasslands and increase herdsmen's incomes, put forward by the Inner Mongolia delegation in its proposals, have all been solved satisfactorily owing to special committees' continued follow-up oversight and the concerted efforts of everyone involved, and some of the solutions have also been spread throughout the country. This was not only the result of deputies playing their role, but was an important manifestation of the position of the people as masters of the country. |
| 三是擴大代表對常委會工作的參與。常委會由代表大會產生，對代表大會負責，受代表大會監督。常委會注重緊緊依靠代表做好各項工作，建立健全代表參與常委會工作的機制。在制定立法規劃和年度立法、監督工作計劃時，認真研究代表議案和建議反映集中的突出問題，并作為確定立法和監督項目的重要依據。在開展立法、監督工作的過程中，邀請相關領域和熟悉情況的代表參與立法調研、專題調研和執法檢查，邀請代表列席常委會會議和專門委員會會議，重要法律草案還書面征求全體代表意見，充分采納代表提出的合理建議。列席會議和參加活動的代表精心準備、積極參與，為提高常委會工作質量發揮了重要作用。 | Third, we expanded deputies' participation in the work of the Standing Committee. The Standing Committee is formed by the NPC and is responsible to it and subject to its oversight. The Standing Committee relied closely on deputies so it could do its work well and put in place a sound mechanism for deputies' participation in its work. When drawing up legislative plans and annual plans for legislative and oversight work, we carefully studied the major problems deputies most commonly raised in their bills and proposals and took them as an important basis for setting legislative and oversight tasks. In the course of our legislative and oversight work, we invited deputies who are involved in the concerned area or familiar with the issues to participate in investigations and studies of legislative matters or special topics and in investigations of compliance with laws, and to attend the meetings of the Standing Committee and special committees in a nonvoting capacity. In addition, we solicited written opinions on major draft laws from all deputies to the NPC and adopted all their reasonable suggestions. Deputies who attended the meetings in a nonvoting capacity or took part in other activities carefully prepared in advance and actively participated, thus playing an important role in improving the quality of the work of the Standing Committee. |
| 四是密切代表同人民群眾的聯系。人大代表工作和生活在人民中間，同人民群眾保持著密切聯系，對黨和國家的方針政策、憲法和法律的貫徹實施體會最深刻，對現實生活中的實際問題、人民群眾的愿望呼聲了解最深入。加強和改進代表聯絡服務工作，在省級人大常委會設立全國人大代表聯絡處，建立健全260多個全國人大代表小組，完善代表小組活動方式，拓寬代表聯系人民群眾的渠道，支持代表通過多種形式聽取和反映群眾意見。圍繞改革發展穩定的重大問題，每年組織代表開展專題調研，并將調研報告轉交有關方面研究處理，為黨和國家決策提供參考。 | Fourth, we forged closer ties between deputies and the people. Deputies work and live among the people and have close ties with them. They fully understand how the principles and policies of the Party and government and the country's Constitution and laws are implemented. They have a thorough knowledge of the practical problems of daily life and what the people want. We strengthened and improved our work of maintaining contacts with and serving deputies, and established contact offices for deputies to the NPC at standing committees of provincial-level people's congresses. We set up over 260 groups of deputies to the NPC and improved the way they carry out activities. We expanded the channels through which deputies maintain contacts with the people, and supported them in listening to and reporting on the people's opinions in a variety of ways. Every year we organized investigations and studies for deputies on major issues affecting reform, development and stability, and referred investigative reports resulting therefrom to relevant parties for study and handling, thereby providing reference information for the Party and government to make decisions. |
| （五）堅持民主集中制原則、依法按程序辦事。我國憲法規定，國家機構實行民主集中制原則。人大是國家權力機關，統一行使國家權力，國家行政機關、審判機關、檢察機關都由人大產生，對它負責，受它監督。全國人大及其常委會依照憲法和法律的規定，根據黨的主張和人民的意愿，通過制定法律、作出決議，決定國家大政方針，并監督憲法和法律的實施，監督和支持“一府兩院”依法行政、公正司法。我們正確處理人大與“一府兩院”的關系，做到依法履職、盡職盡責，但不代行行政權、審判權、檢察權，保證各國家機關在黨的領導下，按照各自職責和分工，協調一致地開展工作，共同為建設中國特色社會主義服務。在具體工作中，注意加強與“一府兩院”的溝通協調，共同研究解決立法中存在的主要矛盾和問題；就執法檢查、專題調研、計劃和預算決算初步審查中發現的問題與有關方面交換意見，將常委會組成人員的審議意見送“一府兩院”研究處理，并要求依法向常委會報告研究處理結果；針對法規備案審查中發現的同憲法和法律相抵觸的問題，及時與制定機關加強溝通、提出意見，督促自行修改或廢止。實踐證明，人大依法加強監督，有利于促進“一府兩院”改進工作，推動國家各項工作法治化；“一府兩院”自覺接受人大監督，有利于依法行政、公正司法，保證人民賦予的權力始終用來為人民謀利益。 |
5. Adhering to the principle of democratic centralism and acting in accordance with the law and procedures China's Constitution stipulates that state institutions shall apply the principle of democratic centralism. People's congresses are bodies of state power and exercise state power in a unified way. The administrative, judicial and procuratorial bodies of the state are created by people's congresses and are responsible to them and subject to their oversight. The NPC and its Standing Committee determine the country's policies and principles by enacting laws and adopting resolutions on the basis of the provisions of the Constitution and laws, the standpoints of the Party and the will of the people. They oversee the implementation of the Constitution and laws, oversee and support the State Council in carrying out its administrative functions in accordance with the law, and oversee and support the Supreme People's Court and the Supreme People's Procuratorate in being fair in exercising their judicial functions. We correctly handle our relationship with the State Council, the Supreme People's Court and the Supreme People's Procuratorate. We fully perform our official duties in accordance with the law and do not arrogate the exercise of administrative, judicial or procuratorial power. We ensure that state bodies work in concert and jointly serve building socialism with Chinese characteristics under the leadership of the Party, with each performing its own duties and functions. In our specific work, we strengthened communication and coordination with the State Council, the Supreme People's Court, and the Supreme People's Procuratorate and worked with them to study and solve major legislative difficulties and problems. We exchanged views with relevant parties on problems we found in our investigations of compliance with laws; investigations and studies on special topics; and preliminary reviews of the plans, budgets and final accounts of the government. We referred the results of these reviews to the State Council, the Supreme People's Court, and the Supreme People's Procuratorate to study and deal with them, and urged them to report how they did so to the Standing Committee in accordance with the law. When we found regulations conflicting with the Constitution and laws as we reviewed and registered them, we promptly communicated with the bodies that formulated them, offered our comments on them, and urged these bodies to revise or rescind them. Experience has proven that the NPC's intensified, law-based oversight helps improve the work of the State Council, the Supreme People's Court, and the Supreme People's Procuratorate and helps put all the work of the country on a legal footing; and that their willing acceptance of the NPC's oversight helps the State Council to carry out its administrative functions in accordance with the law, helps the Supreme People's Court and the Supreme People's Procuratorate to be fair in exercising their judicial functions, and ensures that they always use the power the people have given to them in the interests of the people. |
| 人大工作的特點是遵循民主集中制原則，依照法定程序，通過會議形式，集體行使職權，集體決定問題。常委會堅持發揚民主，嚴格依法按程序辦事，保證常委會組成人員充分發表意見包括不同意見，在基本達成共識的基礎上，依照法定程序、通過會議形式進行表決，實行一人一票，按照多數人的意見作出決定。在具體工作中，充分發揮協商民主優勢，對于意見分歧較大的法律草案和重要事項，采取積極慎重的態度，需要調研的深入調研，需要協商的耐心協商，需要論證的充分論證，真正做到集思廣益。還修改常委會議事規則、委員長會議議事規則等，進一步規范議事程序、提高議事效率。正是堅持充分發揚民主、嚴格依法按程序辦事，保證了人大通過的法律、作出的決議更好體現人民的共同意志，更加具有權威性。 | The characteristics of the NPC's work are that the NPC follows the principle of democratic centralism, and collectively performs its functions and powers and decides matters at meetings in accordance with statutory procedures. The Standing Committee fosters democracy, acts in strict accordance with the law and statutory procedures, and ensures that its members fully express their opinions, including opposing opinions. After we basically reach consensus on matters, we put them to a vote at meetings in accordance with statutory procedures and the principle of one person, one vote, and then make decisions on the basis of the majority vote. In our specific work, we gave full play to the strengths of consultative democracy. When we were very divided over a draft law or another important matter, we adopted a positive yet cautious attitude and when it was necessary, carried out in-depth research, conducted patient consultations or fully debated issues in order to pool the wisdom of everyone. We revised the procedural rules for the Standing Committee and the Chairperson's Council, further standardized procedures, and raised the efficiency of procedures at meetings. It was because we fully fostered democracy and acted in strict accordance with the law and statutory procedures that we ensured that the laws enacted by the NPC and the resolutions it adopted better embodied the common will of the people and were more authoritative. |
| （六）堅持從國情和實際出發推進人大工作創新。創新工作方式方法，推動人大工作與時俱進，是堅持和完善人民代表大會制度的內在要求，也是做好新形勢下人大工作題中應有之義。我們按照憲法和法律的規定，堅持從國情和實際出發，扎實有序推進人大工作創新，做了大量開創性工作，進一步增強了工作實效。 |
6. Carrying out innovation in the NPC's work by proceeding from China's national conditions and realities Creating new work methods and making the NPC's work keep up with the times is an inherent requirement for adhering to and improving the system of people's congresses and is also essential for doing the NPC's work well in the new situation. In accordance with the Constitution and laws, we proceeded from China's national conditions and realities, made solid and orderly progress in making innovations in the NPC's work, did a lot of creative work and made our work more productive. |
| 一是探索科學立法、民主立法新途徑。健全法律草案公布機制，法律草案公布實現常態化。常委會審議的法律草案原則上都在中國人大網上公布，重要法律草案還在主要新聞媒體上公布，廣泛征求社會各界的意見，同時健全吸納公眾意見反饋機制，積極回應社會關切。這既是擴大人民有序參與立法的過程，也是科學決策民主決策的過程，還起到了普及法律知識的作用。五年來，先后向社會公布48件法律草案，共有30多萬人次提出100多萬條意見。個人所得稅法修正案草案公布后，收到23萬多條意見，在綜合考慮各方面意見基礎上，經過反復協商和充分審議，常委會對草案作出重要修改，將工薪所得減除費用標準提高到3500元，并降低了工薪所得第一級稅率。 | First, we explored new ways of making legislation more scientific and democratic. We improved the mechanism for releasing draft laws for public comments so that their release became a regular practice. In principle all draft laws under deliberation by the Standing Committee are posted at the NPC's website www.npc.gov.cn, and important ones are also published by China's main media organizations to solicit opinions from all sectors of society. In addition, we improved the feedback mechanism for recommendations from the general public to actively respond to people's concerns. This process expands the people's orderly participation in legislation, makes policymaking more scientific and democratic, and raises people's awareness of the law. Over the past five years, we released 48 draft laws for public comments and over 300,000 people made more than one million comments on them. After we released the draft Law on Personal Income Tax, we received more than 230,000 comments on it. After comprehensively considering these comments and carrying out repeated consultations and thorough deliberation, the Standing Committee made important revisions to the draft to raise the salary threshold for personal income tax to 3,500 yuan and reduce the first bracket tax rate. |
| 開展立法后評估試點，建立立法后評估工作機制。選擇科學技術進步法、殘疾人保障法等6部法律，通過問卷調查、實地調研、案例分析等多種形式，對法律制度的科學性、法律規定的可操作性、法律執行的有效性等作出客觀評價，為修改完善法律提供重要依據。農業技術推廣法的修改，就吸收了立法后評估報告提出的明確農業技術推廣機構公益性質、強化公益性農業技術推廣服務等意見，進一步增強了法律的針對性和可操作性。 | We launched a pilot project for evaluating laws after they are passed and established a mechanism for this purpose. We selected the Law on Scientific and Technological Progress, the Law on the Protection of Disabled Persons and four other laws, and objectively evaluated how scientific and practicable they are as well as how effectively they were implemented by means of questionnaires, field investigations and studies, and case studies, thereby providing an important basis for revising them. We revised the Law on Disseminating Agricultural Technology on the basis of recommendations in the evaluation report on it that institutions that disseminate agricultural technology should be nonprofit and that nonprofit services for disseminating agricultural technology should be improved. This made the law more targeted and practicable. |
| 二是創新監督工作方式方法。詢問和質詢是人大對“一府兩院”實施監督的法定形式。常委會結合聽取審議國務院有關報告，分別采取分組會議、聯組會議等形式開展專題詢問，邀請國務院有關部門主要負責同志到會聽取意見、回答詢問，同常委會組成人員深入交流，共同研究解決問題的辦法，同時通過電視、網絡等媒體進行現場報道和直播，產生積極社會反響。會后，選擇常委會組成人員關注的重點問題加強跟蹤監督，推動有關方面改進工作。 | Second, we created new methods of overseeing the work of the State Council, the Supreme People's Court, and the Supreme People's Procuratorate. Inquiries and interrogations are statutory means by which the NPC oversees them. When the Standing Committee listened to and deliberated reports of the State Council, it conducted inquiries on special topics at group meetings or joint group meetings, and invited heads of State Council departments to listen to the comments of its members, answer their inquiries, thoroughly exchange views with them, and work with them to find solutions. In addition, the Standing Committee had these inquiries broadcast live on television and the Internet, and these broadcasts received a positive response from the general public. Following these meetings, it selected key issues of common concern to its members, strengthened follow-up oversight over them and encouraged relevant parties to improve their work. |
| 預算監督是常委會的重要職權。為增強監督實效，將以往在6月份常委會會議上聽取審議中央決算報告時一并審議當年前5個月預算執行情況的做法，改為在8月份會議上專門聽取審議當年預算執行情況的報告，重點審查全國人大批準的預算及預算決議執行情況、中央財政轉移支付情況、重點支出資金到位和使用情況等，同時加強對政府性基金預算、國有資本經營預算執行情況的監督，推動建立政府全口徑預算決算制度。 | An important function and power of the Standing Committee is to oversee central government budgets. In order to make our oversight more effective, we changed the practice of deliberating the implementation of the current year's budget of the central government in the first five months of the year at the same time we listened to and deliberated the final accounts of the previous year's budget at the June meeting of the Standing Committee to listening to and deliberating the implementation of the current year's budget at the Standing Committee's August meeting. We focused on examining the implementation of the budget approved by the NPC and its resolution on it, transfer payments of the central government, and the availability and use of funds for key expenditures. We also strengthened our oversight over the implementation of budgets for government-managed funds and state capital operations and further established a system of incorporating all government revenue and expenditures into government budgets and final accounts. |
| 跟蹤監督是這些年人大推動解決重點難點問題的一個好辦法。十屆常委會通過加強跟蹤監督，推動解決了拖欠出口退稅、拖欠農民工工資、超期羈押等一批長期得不到解決的問題。本屆常委會在認真總結經驗的基礎上，更加注重綜合運用多種監督形式反復督查、一抓到底，更加注重把加強監督與修改完善法律結合起來，著力推動解決問題并建立長效機制。為推動勞動合同法有效實施，常委會在這部法律正式實施的當年就進行執法檢查，針對國際金融危機背景下我國勞動就業面臨的新情況新問題，強調要千方百計穩定和擴大就業，防止拖欠職工工資和大規模裁員，提高中小企業和勞動密集型產業勞動合同簽訂率。2011年又組織開展第二輪執法檢查，并在去年對勞動合同法作出修改，重點解決勞務派遣被濫用及不規范問題，明確勞動合同用工是我國的企業基本用工形式，勞務派遣用工只是補充形式，對勞務派遣工作崗位作出更加明確的界定，嚴格控制勞務派遣用工數量，強調勞務派遣人員享有同工同酬的權利。 | During these years, follow-up oversight was a good method used by the NPC to help solve important and difficult problems. By tightening its follow-up oversight, the Standing Committee of the Tenth NPC aided in solving longstanding problems such as arrears in export tax rebate payments and in wages owed to rural migrant workers and holding people for excessively long periods without trial. On the basis of a careful review of its experience, the Standing Committee of the current NPC put greater emphasis on adopting a variety of oversight methods to carry out repeated investigations to get to the bottom of an issue and on integrating strengthening oversight with revising and improving laws, and strove to give impetus to solving problems and establish a permanent mechanism for this purpose. To spur the effective implementation of the Labor Contract Law, the Standing Committee investigated compliance with the law in the first year it officially went into effect. In response to new developments and new issues in China's labor and employment in the global financial crisis, the Standing Committee emphasized the need to adopt whatever means necessary to keep employment stable and expand it, prevent wage arrears and large layoffs, and increase the percentage of labor contracts signed by SMEs and in labor-intensive industries. In 2011, we organized the second round of investigations on compliance with this law. Last year we revised the law mainly to address the problem of the indiscriminate and capricious use of labor dispatch and to make it clear that employment by labor contract is the basic form of employment for Chinese enterprises, and employment by labor dispatch is only a supplemental form of employment. The revised law gives a clearer definition of job positions dispatched workers may fill, strictly restricts the number of these workers, and stresses that they enjoy the right to equal pay for equal work. |
| 三是豐富調查研究方式。調查研究是做好人大工作的內在需要，同時也有利于推動有關方面的工作。我們把加強調查研究作為改進工作作風的突破口，充分發揮常委會組成人員、專門委員會組成人員理論功底扎實、實踐經驗豐富的特點，在做好立法調研和監督調研的同時，積極探索調查研究的新方式，圍繞中央重大決策的研究制定和宏觀調控政策的貫徹實施，多次組織專門委員會、工作委員會主動開展專題調研，提出務實中肯的意見和建議。為有效應對國際金融危機沖擊，2009年國務院提出增加中央政府公共投資計劃。考慮到這一投資計劃不僅數額大、涉及面廣，而且實施時間緊、工作任務重，我們選擇保障性住房建設、教育衛生等民生工程、技術改造和科技創新、農田水利建設等4個題目開展專題調研。針對調研中發現的有的項目前期工作不扎實、配套資金不落實、進展不平衡以及個別地方濫鋪攤子等突出問題，及時與地方政府和國務院有關部門交換意見，推動研究改進工作、完善政策措施，更好地發揮政府公共投資在保增長、調結構、促民生方面的作用。 | Third, we enriched our methods of conducting investigations and studies. Conducting investigations and studies is an inherent requirement for doing the NPC's work well and also conducive to improving the work of the parties involved. We made strengthening investigations and studies the breakthrough point for improving our work style. Making full use of the fact that members of the Standing Committee and special committees have a solid theoretical foundation and rich practical experience, we actively explored new methods of conducting investigations and studies while at the same time doing a good job in research on legislation and oversight. We organized special committees and working committees on a number of occasions to carry out investigations and studies on special topics and make pragmatic and pertinent comments and suggestions concerning the central leadership's formulation of major policy decisions and the implementation of macro-control policies. In 2009, the State Council worked out a plan for increasing the central government's public investment in order to effectively respond to the global financial crisis. Because not only did this plan involve a large investment over a wide-ranging area, but the time was tight and the task of implementing it was arduous, we carried out investigations and studies on four selected areas: government-subsidized housing construction, education and health projects to improve people's wellbeing, technological upgrading and innovation in science and technology, and water conservancy. We promptly exchanged views with local governments and relevant departments of the State Council on outstanding problems we found in our investigations and studies, such as poor preparatory work, unavailable supporting funds and uneven progress for some projects, and also indiscriminate launching of projects in some localities. We helped them study and improve their work, policies and measures, thereby making better use of the role of government public investment in ensuring economic growth, adjusting the economic structure, and improving people's wellbeing. |
| 各位代表，十一屆全國人大常委會取得的成績，歸功于黨中央的正確領導和全國人民的高度信任，是全國人大代表、常委會組成人員、各專門委員會組成人員以及機關工作人員辛勤工作的結果，也是國務院、最高人民法院、最高人民檢察院協同配合和地方各級人大及其常委會大力支持的結果。在此，我代表十一屆全國人大常委會向大家表示衷心的感謝！ |
Fellow Deputies, The achievements of the Standing Committee of the Eleventh NPC are attributable to the correct leadership of the CPC Central Committee and the great trust placed in us by people throughout the country, and to the hard work of deputies to the NPC, members of the Standing Committee and special committees, and employees of NPC bodies. They are also attributable to the cooperation of the State Council, the Supreme People's Court, and the Supreme People's Procuratorate, and to the strong support of local people's congresses at all levels and their standing committees. On behalf the Standing Committee of the Eleventh NPC, I hereby express my heartfelt gratitude to them all. |
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