Announcement of the Legislative Work Plan of the State Council for 2023 | State Council | Plan

Notice of the General Office of the State Council on Printing and Distributing

Notice on the Legislative Work Plan of the State Council for 2023

Guo Ban Fa [2023] No. 18

To the people's governments of various provinces, autonomous regions, and municipalities directly under the Central Government, as well as to the ministries and commissions of the State Council and directly affiliated institutions:

The 2023 Legislative Work Plan of the State Council has been approved by the Central Committee of the Communist Party of China and the State Council, and is now issued to you for careful implementation.

General Office of the State Council

May 31, 2023

Legislative Work Plan of the State Council for 2023

2023 is the beginning year of fully implementing the spirit of the 20th National Congress of the Communist Party of China, and an important year for starting the comprehensive construction of a socialist modernized country.

First, conscientiously study, publicize and implement the spirit of the 20th CPC National Congress, and persist in guiding the legislative work of the new era and new journey with Xi Jinping's thought of the rule of law.

The 20th CPC National Congress is a very important meeting held at a critical moment when the whole party and the people of all ethnic groups throughout the country embark on a new journey of building a modern socialist country in an all-round way and march toward the goal of the second century. The report of the 20th CPC National Congress profoundly explained a series of major theoretical and practical problems in upholding and developing socialism with Chinese characteristics in the new era, and described a grand blueprint for building a modern socialist country and promoting the great rejuvenation of the Chinese nation in an all-round way. it has pointed out the direction and established a guide for action for the development of the cause of the party and the state in the new era and the realization of the second centenary goal. It is necessary to persist in implementing the spirit of the 20th CPC National Congress in the whole process and all aspects of legislative work, and constantly promote legislative work in a new era and new journey to show a new atmosphere, achieve new achievements, and achieve new results.

Xi Jinping's thought on the rule of law is a major theoretical innovation achievement of the combination of Marxist theory of the rule of law with the concrete reality of the construction of the rule of law in China and with the excellent traditional Chinese legal culture, and it is the fundamental follow of the new era and new journey to comprehensively govern the country according to law. The special chapter of the report of the 20th CPC National Congress made major arrangements for "persisting in comprehensively governing the country according to law and promoting the construction of China under the rule of law," and put forward a series of new ideas, ideas and strategies, which further enriched and developed Xi Jinping's thought on the rule of law. It is necessary to persist in guiding legislative work in the new era and new journey with Xi Jinping's thought on the rule of law, constantly improve the quality and efficiency of legislative work, and give better play to the role of the rule of law as a guarantee of solid foundation, stable expectations, and long-term benefits. to lay a solid foundation for comprehensively promoting the rule of law in all aspects of the country's work.

Second, highlight the focus of legislation and ensure the overall situation of the work of the Party and the state with high-quality legislative services

Closely centering on the major decision-making arrangements and objectives and tasks made by the 20th CPC National Congress, we should make an in-depth analysis of the legislative needs for promoting Chinese-style modernization, persist in giving prominence to key points, giving priority to urgent needs, and scientifically and rationally arrange legislative projects. we will better serve and guarantee the major policy decisions and arrangements of the party and the state.

In accelerating the construction of a new development pattern and promoting high-quality development, the Standing Committee of the National People's Congress is requested to review the draft Tariff Law, Atomic Energy Law, Anti Money Laundering Law, and Arbitration Law. Formulate regulations on non bank payment institutions, regulations on disciplinary action against state-owned enterprise managers, and local financial supervision and management regulations, revise the provisions of the State Council on the declaration standards for concentration of business operators, and the regulations on commercial password management. We are preparing to submit to the Standing Committee of the National People's Congress for review the draft of the National Development Planning Law, the Consumer Tax Law, the Railway Law, the Fisheries Law, the Telecommunications Law, the Anti Unfair Competition Law, the Metrology Law, the Foreign Trade Law, the Accounting Law, the Certified Public Accountant Law, the Tax Collection and Administration Law, the Commercial Bank Law, the Banking Supervision and Administration Law, the People's Bank of China Law, and the Insurance Law. Prepare to formulate regulations on urban public transportation, several provisions of the State Council on comprehensive anti smuggling governance, regulations on supervision and management of listed companies, and prepare to revise road transportation regulations.

In solidly promoting the rule of law in administration and accelerating the construction of a rule of law government, the Standing Committee of the National People's Congress is requested to review the revised draft of the Law on Public Security Administration Punishments. Revise the Implementation Measures of the Archives Law. We are preparing to submit a draft of the revised Road Traffic Safety Law, the People's Police Law, the Customs Law, the Statistics Law, the Office Operation Guarantee Law, the Prison Law, and the Lawyers Law to the Standing Committee of the National People's Congress for review. Preparing to formulate regulations on government data sharing, preparing to revise regulations on the procedures for formulating administrative regulations, regulations on the procedures for formulating regulations, and regulations on filing. Improve the legal system for ethnic work. Promote national legislation against corruption.

In implementing the strategy of revitalizing the country through science and education and promoting cultural confidence and self-improvement, the Standing Committee of the National People's Congress is requested to review the draft of the revised Cultural Relics Protection Law, the revised draft of the Science and Technology Popularization Law, the draft of the Degree Law, and the draft of the Preschool Education Law. Formulate regulations on the protection of minors on the internet and revise the implementation rules of the Patent Law. We are preparing to submit the draft of the Teacher Law, the Radio and Television Law, and the Artificial Intelligence Law to the Standing Committee of the National People's Congress for review. Preparing to formulate safety management regulations for biotechnology research and development, and preparing to revise the National Natural Science Foundation regulations. Strengthen the legal protection of intellectual property rights.

In terms of enhancing people's well-being and improving their quality of life, the Standing Committee of the National People's Congress is requested to review the revised draft of the Infectious Disease Prevention and Control Law, the revised draft of the Frontier Health and Quarantine Law, the draft of the Emergency Response Law for Public Health Emergencies, and the draft of the Social Assistance Law. Formulate regulations on social insurance handling, revise regulations on military compensation and preferential treatment, and regulations on human organ transplantation. Prepare to submit the draft of the Pharmacist Law, the draft of the Medical Security Law, and the revised draft of the Organizational Law of the Urban Residents Committee to the Standing Committee of the National People's Congress for review. Prepare to formulate implementation regulations for the Consumer Rights Protection Law, management regulations for clinical research and transformation of new biomedical technologies, and revise urban water supply regulations, national fitness regulations, and anti doping regulations.

In promoting green development and harmonious coexistence between humans and nature, the Standing Committee of the National People's Congress is requested to review the revised draft of the Mineral Resources Law and the draft of the Energy Law. Develop ecological protection compensation regulations and water conservation regulations. We are preparing to submit the draft amendment to the Entry and Exit Animal and Plant Quarantine Law and the draft National Park Law to the Standing Committee of the National People's Congress for review. We are preparing to formulate temporary regulations for the management of carbon emission trading and revise the regulations on the management of ozone depleting substances.

In improving the legal system for national security, maintaining national security and social stability, the Standing Committee of the National People's Congress is requested to review the draft of the Food Security Law and the revised draft of the Law on Guarding State Secrets. Formulate regulations on network data security management, coal mine safety production regulations, consular protection and assistance regulations, and provisional regulations on unmanned aerial vehicle flight management. We are preparing to submit the draft of the Farmland Protection Law, the draft of the Hazardous Chemical Safety Law, the draft of the National Comprehensive Fire Rescue Team and Personnel Law, and the revised draft of the Civil Aviation Law to the Standing Committee of the National People's Congress for review. Prepare to formulate regulations on export control of dual-use items, and prepare to revise methods for the external use of national emblem patterns. Improve the legal system for preventing and controlling cybercrime.

Urgently carry out legislative work related to the reform of party and state institutions, and the transformation of government functions.

To accelerate the modernization of national defense and the military, draft laws that need to be submitted to the National People's Congress and its Standing Committee for review, as well as administrative regulations that need to be formulated and revised, should be timely submitted to the State Council and the Central Military Commission for review.

To promote world peace and development, actively participate in the reform and construction of the global governance system, promote the construction of a community with a shared future for mankind, and carry out relevant international treaty review work.

For other legislative projects assigned by the Party Central Committee and the State Council, we will promptly handle them and complete the drafting and review tasks as soon as possible.

For other legislative projects that are being studied but not included in the legislative work plan, relevant departments will continue to study and demonstrate them.

III. Improve the legislative system and mechanism, and constantly improve the quality and efficiency of legislative work

Adhere to and strengthen the Party's overall leadership over legislative work. We will unswervingly adhere to the centralized and unified leadership of the party Central Committee as the highest political principle in legislative work, improve the party's leadership system that oversees the overall situation and coordinate all parties, and improve the mechanism for implementing major policy decisions of the Party Central Committee. to ensure a high degree of consistency with the Party Central Committee with Comrade Xi Jinping at the core in terms of political stand, political orientation, political principles and political path. We will always carry out legislative work around the major policy decisions of the CPC Central Committee, implement the party's leadership in all aspects of legislative work, and ensure that the party's propositions become the will of the state through legal procedures. We will conscientiously implement the spirit of General Secretary Xi Jinping's important speech and instructions on legislative work, and regard the major legislative matters determined and assigned by the CPC Central Committee as the top priority of the legislative work, so as to ensure high quality and efficient completion. Major decisions, major matters, and important situations in legislative work should be promptly submitted to the CPC Central Committee for instructions and reports in accordance with the procedures, and legislative work plans and major legislative items should be submitted to the Central Committee for deliberation in accordance with the requirements. The legal status of the party's leadership in related work is clearly stipulated in important laws and regulations, and the examination of the draft of important laws and regulations should explain the implementation of the requirements of the party's leadership.

Strengthen the coordination and connection between government legislation and National People's Congress legislation. Actively coordinate with the legislative plan, annual legislative plan, and special legislative plan of the Standing Committee of the National People's Congress, and conscientiously prepare for the review of legal cases. When relevant departments draft laws, they should actively strengthen communication and communication with the relevant specialized committees and working institutions of the Standing Committee of the National People's Congress. If the law explicitly requires supporting provisions, relevant departments shall make provisions in accordance with the requirements to ensure the effective implementation of the law. Give full play to the important role of National People's Congress representatives in legislative work, pay attention to listening to the opinions of National People's Congress representatives in relevant fields or with relevant professional backgrounds, and better integrate the handling of National People's Congress representative suggestions with legislative work.

Deepen the promotion of scientific legislation, democratic legislation, and lawful legislation. Adhere to the unity of promoting reforms under the rule of law and improving the rule of law during reforms, and guide, promote, regulate, and safeguard major national reforms. Adhere to scientific legislation, conduct in-depth analysis of new situations and problems, respect the objective laws of economic and social development, and enhance the pertinence and applicability of the legal system. Adhere to democratic legislation, strengthen legislative investigation and research work, expand the coverage and representativeness of public participation in legislation, and better play the role of grassroots legislative contact points as a "direct link" for grounding, monitoring public sentiment, listening to public opinion, and gathering public wisdom. Adhere to legislation in accordance with the law, reflect the provisions, principles, and spirit of the Constitution in various laws and regulations, conscientiously implement the newly revised Legislative Law, and ensure that legislation complies with the spirit of the Constitution and the provisions of the superior law. Coordinate the reform, abolishment, interpretation, and compilation of laws and regulations, accelerate the clearance of laws and regulations that do not meet the requirements of economic and social development, and do not comply with the provisions of higher-level laws and regulations. Pay attention to the coordination and connection between laws and regulations, and better play the important role of legal norms at different levels. Improve and strengthen the work of filing review, adhere to the principle of "necessary documents, necessary preparations, and necessary corrections", strengthen the construction of filing review capacity, increase review efforts, improve the quality and efficiency of review, and better safeguard the unity of national rule of law.

Continuously improve the level of local legislative work. Local people's governments with legislative power should combine the needs of local economic and social development with the needs of the people, promote the refinement of legislation, and play a role in the implementation, supplementation, and exploration of local legislation. We need to further improve the legislative work system, flexibly use "small incisions" and "small quick and flexible" legislative methods, and continuously improve the quality and efficiency of local legislative work. We must strictly abide by the local legislative authority and procedures, and avoid excessive, repetitive, and blind legislation. We need to establish a sound mechanism for regional collaborative legislation, carefully summarize the practical experience of innovative regional collaborative legislation, and enhance the level of regional collaborative legislation.

Vigorously strengthen the construction of the legislative work team.According to the decision and deployment of the Central Committee of the Communist Party of China on the cultivation of legal talents, we will organize specialized training in a planned manner, enrich practical training platforms, and do a good job in cultivating and reserving high-quality legislative talents. Vigorously strengthen the construction of legislative work teams in cities and autonomous prefectures with districts, allocate necessary working forces, and continuously improve the political quality, legal literacy, and practical ability of legislative staff.

Fourth, strengthen the responsibility and do a good job in the implementation of the legislative work plan

All departments of the State Council should attach great importance to legislative work, strictly implement the legislative work plan, strengthen organizational leadership, improve the working mechanism, and promote the implementation of tasks, give full play to the basic and guaranteed role of legislation in comprehensively promoting the rule of law in all aspects of state work.

The drafting department should conscientiously fulfill its drafting responsibilities, solidly carry out research and argumentation, opinion collection, risk assessment and other work, and complete the drafting tasks with high standards and quality in accordance with the requirements of the legislative work plan. We need to conduct in-depth investigation and research, adhere to a problem oriented approach, accurately grasp the prominent problems in our work, and research and propose targeted solutions. Attention should be paid to listening to opinions from all parties. If it involves the responsibilities of other departments, full consultation should be conducted. If it involves the division of departmental responsibilities, administrative licensing, financial support, and tax preferential policies, the consent of relevant departments such as institutional staffing, review and reform, finance, and taxation should be obtained. To strengthen communication and coordination with relevant departments, major differences of opinions that are difficult to resolve should be promptly reported according to procedures. We need to strengthen communication with the Ministry of Justice, promptly report and solicit opinions from all parties, major differences in opinions, and coordinate their handling.

The Ministry of Justice should conscientiously fulfill its legislative review responsibilities, strengthen the review and control of legislative projects, increase overall organization and coordination efforts, and comprehensively promote the implementation of legislative work plans. For major legislative projects that urgently need to be introduced, coordinate efforts, intervene in advance, accelerate promotion, and if necessary, jointly draft and report. We must strictly control the quality of the review, ensure that the draft laws and regulations comply with the provisions, principles, and spirit of the Constitution, and comply with the relevant requirements of the Legislative Law and the Regulations on the Formulation of Administrative Regulations. We need to coordinate the promotion of legislative projects, strengthen consultation and guidance, and ensure timely submission for review. We need to strengthen legislative coordination work, be adept at cutting corners on key issues of contradictions, and avoid legislative projects being delayed due to individual disagreements. If a consensus cannot be reached through sufficient coordination, the Ministry of Justice and the drafting department shall promptly report and propose work suggestions in accordance with the procedures.

Attachment: Legislative projects and drafting units specified in the State Council's 2023 Legislative Work Plan

attachment

The 2023 Legislative Work Plan of the State Council clearly states that

Legislative projects and responsible drafting units

I. A bill to be submitted to the standing Committee of the National people's Congress for deliberation

1. Draft law on food security

2. Revised draft of the Infectious Disease Prevention and Control Law

3. Revised draft of the Cultural Relics Protection Law

4. Revised draft of the Public Security Administration Punishment Law

5. Revised draft of the Frontier Health and Quarantine Law

6. Draft revision of the Mineral Resources Law

7. Revised draft of the Science and Technology Popularization Law

8. Draft Law on Response to Public Health Emergencies

9. Draft Degree Law

10. Draft Preschool Education Law

11. Draft Tariff Law

12. Draft Energy Law

13. Draft Atomic Energy Law

14. Draft Social Assistance Law

15. Draft Amendment to Anti Money Laundering Law

16. Draft Amendment to Arbitration Law

17. Revised draft of the Law on Guarding State Secrets

Preparation for submission to the Standing Committee of the National People's Congress for review of the draft National Development Planning Law, Consumption Tax Law, Railway Law, Fisheries Law, Telecommunications Law, Anti Unfair Competition Law, Metrology Law, Foreign Trade Law, Accounting Law, Certified Public Accountant Law, Tax Collection and Administration Law, Commercial Bank Law, Banking Supervision and Administration Law, People's Bank of China Law, Insurance Law, Road Traffic Safety Law, People's Police Law, Customs Law, Statistics Law, Office Operation Guarantee Law, Prison Law, Lawyers Law, Teachers Law, Broadcasting and Television Law, Artificial Intelligence Law, and Pharmaceutical Law. Draft Teacher's Law, Draft Medical Security Law, Draft Organization Law of Urban Residents Committees, Draft Amendment to Entry Exit Animal and Plant Quarantine Law, Draft National Park Law, Draft Farmland Protection Law, Draft Hazardous Chemical Safety Law, Draft National Comprehensive Fire and Rescue Team and Personnel Law Draft revision of the Civil Aviation Law.

II. Draft administrative regulations to be examined

1. Regulations on non-bank payment institutions

2. Regulations on Disciplinary Actions for State owned Enterprise Management Personnel

3. Regulations of the State Council on the Standards for Declaration of Concentration of Business Operators

4. Regulations on Local Financial Supervision and Administration

5. Regulations on the Administration of Commercial Passwords

6. Implementation Measures for the Archives Law

7. Implementation Rules of the Patent Law

8. Regulations on the Protection of Minors on the Internet

9. Regulations on Military Pension and Preferential Treatment

10. Regulations on the Handling of Social Insurance

11. Regulations on Human Organ Transplantation

12. Regulations on Ecological Protection Compensation

13. Regulations on Water Conservation

14. Regulations on Network Data Security Management

15. Regulations on Coal Mine Safety Production

16. Consular Protection and Assistance Regulations

17. Provisional Regulations on Flight Management of Unmanned Aerial Vehicles

Prepare to formulate regulations on urban public transportation, several regulations of the State Council on comprehensive anti smuggling governance, regulations on supervision and management of listed companies, regulations on government data sharing, regulations on safety management of biotechnology research and development, implementation regulations of the Consumer Rights Protection Law, clinical research and transformation management regulations of biomedical new technologies, temporary regulations on carbon emission trading management, export control regulations for dual-use items, prepare to revise road transportation regulations, regulations on the procedure for formulating administrative regulations, regulations on the procedure for formulating regulations, regulations on filing regulations, regulations on the National Natural Science Foundation of China, urban water supply regulations, national fitness regulations, anti doping regulations, regulations on the management of ozone depleting substances, and methods for using national emblem patterns externally.

III. Other legislative projects to be completed

1. Legislative projects involved in the reform of party and state institutions, the transformation of government functions, etc.

2. Accelerate legislative projects related to national defense and military modernization construction

3. Other legislative projects assigned by the Party Central Committee and the State Council