On March 5, the second session of the 14th National People's Congress opened at the Great Hall of the People in Beijing, at which it listened to the explanation of the "Organic Law of the People's Republic of China (Revised Draft)".
Amending the Organic Law is an inevitable requirement for adhering to the party's overall leadership and comprehensively strengthening its own construction in the new era, an institutional guarantee for adhering to the people-centered approach and adhering to the fundamental purpose of serving the people wholeheartedly, an important aspect of the comprehensive implementation of the Constitution and the comprehensive construction of the rule of law in the new era, and a powerful measure to deepen the reform of the party and state institutions and promote the modernization of the national governance system and governance capacity.
In response to the relevant situation of the amendment, the relevant person in charge of the Legislative Affairs Committee of the Standing Committee of the National People's Congress answered questions from reporters.
Q: Please tell us about the background and process of the revision of the Organic Law.
Answer: The Organic Law is the basic law on the organizational system and work system, and it has played an important role in ensuring that the Organic Law performs its duties in accordance with the Constitution and the law. In the more than 40 years since its implementation, the Organic Law has not been amended.
In order to adapt to the new situation, new tasks and new requirements, it is necessary to revise the Organic Law on the basis of conscientiously summarizing practical experience, and include important contents such as adhering to the guidance of socialism with Chinese characteristics in the new era and adhering to the party's overall leadership into the Organic Law, and reflect the spirit and achievements of deepening the reform of the Party and state institutions through legal provisions, further improve the organizational system and work system, ensure the correct political direction, comprehensively strengthen self-construction, and build a rule of law that satisfies the people. Innovation, integrity, and service-oriented provide a solid legal guarantee.
The General Office and the Ministry of Justice have carried out the revision of the Organic Law in the early stage, and have made important progress and results. The Legislative Affairs Committee of the Standing Committee of the National People's Congress, together with relevant departments, has made adaptation and revisions on the basis of the preliminary work, and has studied and proposed a revised draft of the Organic Law. In October and December 2023, the Standing Committee of the 14th National People's Congress deliberated the revised draft twice, and decided to submit the revised draft to the second session of the 14th National People's Congress for deliberation. The relevant departments of the Standing Committee will print and distribute the revised draft to the deputies of the 14th National People's Congress to solicit comments, and organize and deploy NPC deputies to study and discuss; The full text of the revised draft was published twice on the website of the Chinese National People's Congress to solicit opinions from the public. On February 19, 2024, the Constitution and Law Committee of the National People's Congress held a meeting to further revise and improve the revised draft. Accordingly, the "Organic Law of the People's Republic of China (Revised Draft)" was formed and submitted to the Second Session of the 14th National People's Congress for deliberation.
Q: How does the revised draft implement the spirit of the 20th National Congress of the Communist Party of China and the Second Plenary Session of the 20th CPC Central Committee?
Answer: The 20th National Congress of the Communist Party of China made clear arrangements for promoting the legalization of the first organizational structure, and the Second Plenary Session of the 20th Central Committee of the Communist Party of China put forward specific requirements for deepening the reform of the first organization and adjusting and optimizing the functions of the first organization. Amend the Organic Law to implement the spirit of the 20th National Congress of the Communist Party of China and the Second Plenary Session of the 20th Central Committee of the Communist Party of China, systematically summarize the institutional innovation achievements and valuable practical experience achieved in deepening the reform of Party and state institutions since the 18th National Congress of the Communist Party of China, and connect with the "Regulations on the Establishment of Institutions of the Communist Party of China" and other institutional norms, and do a good job in top-level design and consolidate the institutional foundation in the form of basic laws.
Specifically, it is mainly reflected in the following aspects: first, implement the requirements for adhering to and strengthening the centralized and unified leadership, make it clear that the leadership of the Communist Party of China is adhered to, the authority and centralized and unified leadership are resolutely maintained, the decision-making and deployment are resolutely implemented, and the corresponding requirements are put forward for the members of the group; Clarify the guiding ideology of the party and the country, especially the thought of socialism with Chinese characteristics in the new era, as the guiding ideology of all work. The second is to implement the people-centered development thinking, make it clear that we should adhere to the people-centered and serve the people wholeheartedly, adhere to and develop the whole process of people's democracy, and put forward corresponding requirements for the members of the group. The third is to implement the requirements of "implementing the new development concept", "solidly promoting administration according to law" and "building the rule of law", clarify the implementation of the new development concept, adhere to the administration according to law, fully and correctly perform the best functions in accordance with the Constitution and legal provisions, and strive to build a rule of law that satisfies the people. Fourth, adhere to the principle of "promoting institutional reform on the track of the rule of law", connect with the "Institutional Reform Plan", clarify the concept of "constituent departments" in the law, clarify the establishment of directly subordinate institutions and offices according to the principle of "optimization, coordination, efficiency and streamlining", and clarify the procedures for the timely publication of the list of constituent departments after the determination or adjustment of each ministry and committee. Fifth, implement the requirements of "fully implementing the major decision-making procedure system" and "strengthening the administrative law enforcement supervision mechanism and capacity building", and make special provisions on the administrative decision-making system and administrative supervision system.
Q: How does the revised draft reflect the people-centered development philosophy?
Answer: The revision of the Organic Law this time, the implementation of the whole process of people's democracy and the people-centered development thought, summing up practical experience, the first is to make it clear that we adhere to the people-centered, serve the people wholeheartedly, adhere to and develop the whole process of people's democracy, and strive to build the rule of law, innovation, honesty and service-oriented that the people are satisfied with. The second is to add provisions to be responsible to the National People's Congress and report on its work; When the National People's Congress is not in session, it is responsible to the Standing Committee of the National People's Congress and reports on its work. ** They should consciously accept the supervision of the National People's Congress and its Standing Committee. The third is to require the members of the first group to abide by the Constitution and laws in an exemplary manner, conscientiously perform their duties, be pragmatic for the people, strictly abide by discipline, and be diligent and honest. Fourth, it is emphasized that we should adhere to scientific decision-making, democratic decision-making, and decision-making in accordance with the law, improve the administrative decision-making system, standardize the procedures for major administrative decision-making, strengthen the implementation and evaluation of administrative decision-making, and improve the quality and efficiency of decision-making. Fifth, it stipulates that the administrative supervision system should be improved, the government affairs should be made transparent, and the restraint and supervision of the operation of administrative power should be strengthened.
Q: How does the revised draft reflect the requirements of the new era for the full implementation of the Constitution and the comprehensive construction of the rule of law?
Answer: One of the main tasks of revising the Organic Law is to adhere to the guidance of the rule of law, implement the provisions, principles and spirit of the Constitution, and implement the strategic plan for comprehensively governing the country according to law. This is an important part of the comprehensive construction of the rule of law, and it is of great significance to accelerate the construction of a first-class governance system with clear responsibilities and administration according to law, and to continuously promote the institutionalization, standardization and proceduralization of socialist democratic politics.
The special section of Chapter III of the Constitution makes specific provisions on the nature, status, and so on. The current Organic Law does not make specific provisions on the nature and status of the Constitution in Articles 85 and 92 of the Constitution. Considering that the provisions of the constitution on the nature and status of the constitution are very important, and the specific content of the responsibilities, institutional settings, and work systems is determined, in order to ensure the integrity of the organic law, the relevant provisions of the constitution are reaffirmed in the revised draft. At the same time, implement the idea of the rule of law, and in accordance with the provisions of the Constitution on the implementation of governing the country according to law, add provisions: adhere to the administration according to law, in accordance with the Constitution and legal provisions, and fully and correctly perform the first function; **Team members** shall abide by the Constitution and laws in an exemplary manner.
Reporter Qi Yukun).