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Thursday, March 09, 2000, updated at 13:29(GMT+8)


China

China to Enact Law on Law-making

A draft legislation law, or a law on law-making, has been submitted today to the Ninth National People's Congress (NPC), in session in Beijing since March 5.

When enacted, the law is expected to standardize law-making in China.

Gu Angran, director of the Legislative Affairs Commission under the NPC Standing Committee, made explanations to NPC deputies on the draft law.

In spite of progresses China has made in establishing a legislative system, numerous problems exist such as contradictions between different laws and regulations, and irresponsible law- making out of considerations for local interests, Gu said.

"These problems not only undermine the integrity and dignity of laws and regulations enacted but also give rise to disputes in law enforcement," Gu said, adding that a law on law-making is of great significance to improving China's socialist legal system and promoting the rule of law in the nation.

The legislation law is expected to provide basic principles in law-making, detailed stipulations on the limits of authority of laws and regulations, the process of legislation and applicable rules.

The draft law further defines the exclusive law-making right of the NPC and its Standing Committee in ten areas, including the basic political system of the state, economic system of the state, civil and criminal laws, punishments such as deprivation of citizens' political rights and restriction of personal freedom, and systems relating to litigation and arbitration.

The NPC and its Standing Committee will continue to authorize the State Council with the right to enact laws and regulations, but its scope of legislation will gradually be narrowed along with the formation of a fairly well-functioning legal system in the nation, Gu said.

The new law defines law-making procedures and advocates democratic law-making. It also contains articles concerning the formulation of administrative regulations, and regulations made by local governments and law-making bodies.

To solve conflicts and confusion arising from conflicting laws and regulations, the law also establishes special procedures for examining laws and regulations to be drafted, and the NPC Standing Committee is authorized to repeal any regulations that contradict the Constitution and related laws.

The NPC Standing Committee had reviewed and examined the draft legislation law for a second time prior to today's submission to the session of the nation's legislature for deliberation.

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