The Socialist System of Laws with Chinese Characteristics

( Updated : 2015-07-17

IV. Improvement of the Socialist System of Laws with Chinese Characteristics

The task remains arduous to improve the socialist system of laws with Chinese characteristics which we have successfully built. To improve that system from a new starting point is an inherent requirement of promotion of the development and improvement of the socialist system with Chinese characteristics. This will also be the primary task for our legislation work in future.

China is now at a critical stage in deepening reform and opening up, and building a moderately prosperous society in an all-round way, as it has established the development goal for the first 20 years of the 21st century. The need for legal system improvement is urgent in order to meet the challenges of new domestic and international situations, and new demands and expectations of the people, as well as new issues and problems facing China’s reform, development and stability. To realize scientific development, accelerate transformation of the economic development mode, and further guarantee and improve the people’s livelihood, all need a legal system to promote and give guidance. There is a rising demand for more scientific and democratic legislation, as increasingly diversified stakeholders and complicated interest patterns make it harder to regulate social interests through legislation.

China will endeavor to meet the requirements of its basic strategies of promoting scientific development, improving social harmony and ruling the country by law. At present and for some time to come, and in accordance with the requirements of economic and social development, as well as scientific development, China will accelerate the transformation of the economic development mode, guarantee and improve the people’s livelihood, improve social harmony, and continuously improve the laws and regulations, so as to build a better socialist system of laws with Chinese characteristics.

China will continuously improve legislation in the economic field. In order to meet the requirements of the development of socialist market economy, we will improve the legal institutions for civil and commercial affairs. To meet the requirements of deepening the reforms of the fiscal, taxation and financial systems, we will improve legal institutions concerned with budget management, fiscal transfer payment, financial risk control and taxation. We will, in particular, attach importance to taxation legislation, and turn taxation regulations made by the State Council on authorization into laws. We will also improve laws regarding the state’s management and control of economic activities in order to safeguard the country’s economic security, and promote the healthy development of the socialist market economy.

China will take active measures to strengthen legislation on socialist democracy. In order to meet the requirements of actively yet steadily advancing political reform, we will improve legal institutions concerning election, self-governance among people at the grassroots level and organization of state organs; we will improve legislation regarding administrative procedures to regulate administrative actions, and improve laws concerning audit supervision and administrative reconsideration. In order to meet the requirements of reforming the judicial system, we will revise the Criminal Procedure Law, the Civil Procedure Law and the Administrative Procedure Law, so as to improve the procedure law system. We will also improve the legal system concerning the exercise of power by state organs and the punishment and prevention of corruption, in order to expand socialist democracy, standardize and supervise the exercise of power, and continuously develop socialist democracy.

China will strengthen legislation in the social field. We will always put people first, guarantee and improve the people’s livelihood, advance social undertakings, improve the social security system, encourage innovation in social management, gradually improve the legal institutions concerning employment, labor protection, social security, social assistance, social welfare, income distribution, education, medical care, housing and social organizations, constantly explore an innovative social management mechanism, and push forward the development of social undertakings.

China will attach more importance to legislation in the cultural, scientific and technological fields. In order to meet the requirements of promoting reform in the cultural system and advancing science and technology, we will improve the legal institutions which support public cultural undertakings, develop the culture industry, encourage cultural and scientific innovation, and protect intellectual property rights, so as to realize cultural prosperity and build an innovation-oriented country.

China will attach importance to legislation in the field of the environment. In order to meet the requirements of building an energy-saving and environmentally-friendly society, we will strengthen laws on energy saving and eco-environmental protection, and improve our institutions so as to accelerate the transformation of the economic development mode, solve the contradictions between socioeconomic development and environmental protection, and promote harmony between man and nature.

While improving various laws, we will attach importance to their implementation, working mechanism and supporting regulations. We will improve the channels and methods for the interpretation of laws, and make it our regular work. We will give timely legal interpretations when the specific meaning of certain provisions needs further clarification, or the application of laws in certain new circumstances needs further explanation. We need to improve the organization, mechanism and method for reviewing and filing regulations, rules, and legal interpretations. Meanwhile, we will improve the revision mechanism as applied to laws and regulations, and make it work on a regular basis in order to make our legal system more scientific and consistent.

We will work to promote scientific and democratic legislation, and improve legislation quality. We will improve the mechanism whereby NPC deputies are involved in legislation, and bring their role to the full. We will improve motion deliberation system and establish a scientific and democratic examination and voting mechanism. We will explore channels and forms for the public to participate in legislation activities in an orderly manner, improve panel discussions, feasibility study meetings, hearings on legislation and the gathering of public opinion through the publication of draft laws and regulations, and establish and improve the mechanism through which public opinion can be heard and feedback can be given, so as to let legislation reflect the will of the public. We will establish and improve a mechanism featuring feasibility studies before making legislation and evaluation after making legislation, constantly endeavor to make legislation more scientific and reasonable, and further improve the practicality of laws and regulations.