In March 2024, the National People's Congress and the National People's Congress were held in Beijing. According to public information, the second session of the 14th National People's Congress will be held in Beijing on the morning of March 5, 2024, and will close on the afternoon of March 11, with a duration of 7 days; The Second Session of the 14th National Committee of the Chinese People's Political Consultative Conference (CPPCC) was held in Beijing at 3 p.m. on March 4, 2024, and closed on the morning of March 10, 2024, with a duration of six days.
At this year's National People's Congress and the National People's Political Consultative Conference (CPPCC), what are the bills and motions of the NPC deputies and CPPCC members on legislation?
The legislation of the private economy has attracted wide attention
Xu Guanju, a deputy to the National People's Congress and chairman of Transfar Group, suggested that the "Private Economy Promotion Law" should be included in the legislative plan of the Standing Committee of the 14th National People's Congress. One of Xu Guanju's suggestions this year is the "Proposal on Accelerating the Formulation of the "Private Economy Promotion Law". He also hopes to formulate and issue a judicial interpretation on the crime of corruption among internal personnel of private enterprises, so as to help accurately crack down on illegal profit-making for relatives and friends, favoritism, low-price stock discount, and ** assets, and protect the rights and interests of business entities.
Chi Rida, member of the National Committee of the Chinese People's Political Consultative Conference (CPPCC) and vice chairman of the board of supervisors of the All China Lawyers Association, said that it is necessary to enhance the pertinence of legislation, strengthen the design of the system by summarizing the experience of evaluating and inspecting the laws and regulations of private enterprises nationwide, and effectively ensure that private enterprises really receive preferential treatment. At the same time, it is necessary to clarify the statutory responsibilities of the private economy development at all levels to ensure that relevant policies are implemented.
Zhang Yi, member of the National Committee of the Chinese People's Political Consultative Conference (CPPCC) and president of the Shanghai Association of New Social Strata, suggested that relevant policies, laws and regulations, judicial interpretations, and opinions and measures should be sorted out and fixed in the form of law in this legislation, so as to maintain the consistency and stability of the formulation and implementation of policies and laws. When legislating, it is necessary to focus on the pain points, difficulties and blockages of the long-term development of enterprises, make up for the "shortcomings and weaknesses" by reducing specific provisions as much as possible, reduce the principle provisions that need to be implemented through follow-up implementation rules, and increase the enforceability of the law.
Yao Jinbo, deputy to the National People's Congress and chairman and CEO of 58.com, said that the drafting and formulation of the private economy promotion law and the protection of the legitimate rights and interests of private enterprises in the form of legislation will make private entrepreneurs have more confidence and security in the future. The Law on the Promotion of Private Economy shall fully reflect the protection of the lawful property of private enterprises, the protection of the certainty of relevant industry development policies, and clarify the equal status and fair competition between private enterprises and state-owned enterprises in bidding and participating in procurement projects.
Lv Hongbing, member of the National Committee of the Chinese People's Political Consultative Conference and chairman of the board of supervisors of the All China Lawyers Association, brought the "Proposal on the Relevant Content of the Legislation on the Promotion of the Private Economy". It is suggested that the legislation should make it clear that private enterprises should improve the corporate governance structure, build harmonious labor relations, establish a corporate compliance system, prevent and resolve business risks, fulfill social responsibilities in accordance with the law, and participate in the construction of pro-Qing political and business relations. In the legislation, the positioning, rights and obligations of the first should be clarified.
Call for amendments to the People's Bank of China Law
Jin Penghui, deputy director of the Shanghai headquarters of the People's Bank of China and president of the Shanghai branch of the National People's Congress, suggested that "adhering to the centralized and unified leadership of financial work" should be clearly written into the legislative purpose to guide the financial system to adhere to the people-centered value orientation, better carry out financial macro-control, and serve the high-quality development of China's economy. At the same time, the People's Bank of China will improve its regulations on the performance of its duties. It is suggested that in accordance with the reform plan of the Party and state institutions, the responsibilities of the People's Bank of China in formulating draft laws and regulations on the financial industry and other relevant laws and regulations, and formulating a prudential supervision system should be clarified.
Lin Jianhua, deputy to the National People's Congress, secretary of the Party Committee and president of the Hubei Branch of the People's Bank of China, believes that it is necessary to actively respond to the public's demand for legal digital currency under the conditions of the digital economy, improve the legislative foresight in the revision of the People's Bank of China Law, improve the top-level design of digital yuan, and leave legal space for the issuance of digital currency. To prevent the risk of virtual currency, it is clear that any entity or individual is prohibited from making and selling digital tokens.
Ma Jun, deputy to the National People's Congress and secretary of the party committee and president of the Anhui branch of the People's Bank of China, said that revising the People's Bank of China Law is an objective requirement for building a strong currency. According to the changes in the scope of the People's Bank of China's duties, the People's Bank of China Law further clearly grants the People's Bank of China full supervision and inspection functions and powers in the fields of currency, payment, credit investigation, anti-money laundering, etc., to ensure that relevant policies and measures can be effectively implemented in practice.
Legislating for "care for the elderly".
Yu Xubo, deputy to the National People's Congress, chairman and party secretary of General Technology Group, suggested that the legislative work of long-term care insurance (referred to as long-term care insurance) should be accelerated, and the legal and social security system should be further improved to actively respond to the aging of the population, so as to truly realize the "care for the elderly" of the disabled.
Yu Xubo suggested that long-term care insurance should be included in the "Social Insurance Law of the People's Republic of China" as an independent type of insurance, and promote the standardization, legalization and regularization of long-term care insurance; At the same time, a unified and standardized financing mechanism will be established to set aside sufficient financing for long-term care insurance by optimizing the use of medical insurance personal account funds, overall management and intensive use of various national funds related to the elderly.
Zhang Tianren, deputy to the National People's Congress and chairman of Tianneng Holding Group, proposed to formulate the "Pension Service Law", and the legislative focus is: building a multi-party participation in the pension service work pattern, encouraging the innovation of pension service technology, improving the family pension support system, promoting the development of the pension service market, strengthening supervision and legal protection.
Legislating against cyberviolence
Luo Weihong, deputy to the National People's Congress and vice chairman of the Standing Committee of the Hangzhou Municipal People's Congress, believes that the formulation of a special anti-cyberviolence law is in response to social calls and is also an urgent need in reality. The "four beams and eight pillars" of China's cyber legislation have been basically constructed, and the relevant departments have also issued a series of measures and regulations to rectify cyber violence, and the judicial practice of countering cyber violence over the years has provided a useful reference for the governance of cyber violence.
Chen Cheng, deputy to the National People's Congress and vice chairman of the Jiangsu Dramatists Association, believes that in the face of increasingly violent online violence, the current criminal law is mainly punished for the crime of insult and punishment, stipulating that if the circumstances are serious, it can be punished with up to three years in prison, which is difficult to fully match the social harmfulness of the crime, and cannot meet the people's expectations for fairness and justice, as well as the practical needs of cracking down on online violent crimes, and it is recommended that the sentencing grade of "especially serious circumstances" be added to the crime of insult and **, and "fixed-term imprisonment of not less than three years but not more than seven years" should be set to reflect the deterrent effect of the law.
Lu Man, deputy to the National People's Congress, chairman of the Tianhe Ecological Agriculture Cooperative in Jianhu County, Jiangsu Province, and secretary of the general party branch of Chenjia Village, Gaozuo Town, suggested that special legislation should be carried out to rectify online violence.
Legislate for school meals as soon as possible
Li Jinghong, member of the National Committee of the Chinese People's Political Consultative Conference, member of the Standing Committee of the Jiusan Society, and academician of the Chinese Academy of Sciences, suggested that the "Measures for the Management of Nutritious Meals in Primary and Secondary Schools" should be introduced as soon as possible to ensure the quality of breakfast and lunch for young students. Legislate for school meals as soon as possible, standardize and restrain student nutrition lunch standards, school lunches, and management, and clarify the responsibilities of schools, families, and society.
Accelerate legislation related to autonomous driving
Jiang Haoran, member of the National Committee of the Chinese People's Political Consultative Conference (CPPCC), Secretary of the Party Committee and Chairman of Hengyin Financial Technology Co., Ltd., suggested that the top-level design of legislation at the national level should be strengthened, and the current revision of the Road Traffic Safety Law should be seized to build a sound collaborative support and supervision system for autonomous driving, and to effectively promote industry norms and local legislation to ensure that driverless vehicles can achieve large-scale road traffic; At the same time, the conditions and procedures for vehicles without drivers to pass on the road should be clarified, and the right-of-way permits for vehicles without drivers should be supported in the form of laws and regulations.
Lian Yuming, a member of the National Committee of the Chinese People's Political Consultative Conference (CPPCC) and founding president of the Beijing International Institute of Urban Development, mentioned that the key to accelerating the application of autonomous driving technology is to solve two major problems: first, the problem of industrial development; The second is the problem of legal risks. It is suggested that speeding up legislation is the top priority and top priority to deal with and solve the problem of promoting the application of autonomous driving technology.
Feng Xingya, a deputy to the National People's Congress and general manager of Guangzhou Automobile Group, believes that the establishment of complete specialized legislation (such as the formulation of the Autonomous Driving Law, the "Intelligent Connected Vehicle Regulations", etc.) is an inevitable requirement for industrial development.
Introduce national legislation on data property rights as soon as possible
Deputy to the National People's Congress, Shensanda A (000032Chen Shuxian, technical director of Shenzhen Sunda Wireless Communication Technology Software Testing Group, a subsidiary of SZ, suggested that the National People's Congress should launch special data legislation as soon as possible, and legally establish the "three rights separation" data property rights system framework of data resource ownership, data processing and use rights and data product management rights, clarify the attributes, ownership, rights and obligations of property rights, and protect the legitimate rights enjoyed by all parties involved in the process of data production, circulation and use.
Lin Jie, member of the National Committee of the Chinese People's Political Consultative Conference (CPPCC) and chairman of the Shenzhen Municipal Committee of the Chinese People's Political Consultative Conference, suggested that the National People's Congress should initiate special legislation on data as soon as possible, establish a framework for data property rights through laws, clarify the attributes, ownership, rights and obligations of data property rights, and ensure that all participants in the process of data production, circulation, and use enjoy rights and obligations in accordance with the law. At the same time, a national data element registration system should be formulated to provide guidance for all localities to carry out data element registration work.