China mulls legal decision to improve constitutional oversight mechanism

(Xinhua) 09:46, December 26, 2023

BEIJING, Dec. 25 (Xinhua) -- Chinese lawmakers are considering a draft decision to improve and strengthen the top legislature's recording and review functions to ensure better constitutional oversight.

The draft decision, submitted on Monday to the ongoing session of the National People's Congress (NPC) Standing Committee for deliberation, outlines the normative documents required to be filed with the NPC Standing Committee for review. These documents include administrative regulations, supervisory regulations, local regulations, and judicial interpretations.

Recording and review are powers granted by the Constitution and the law to the NPC Standing Committee to ensure that these normative documents align with the Constitution and national laws.

In advancing constitutional review, the draft decision specifies that during the review process, emphasis should be placed on examining whether normative documents contain content that deviates from constitutional provisions, principles, or the spirit of the Constitution.

The draft emphasizes the need for timely efforts to prompt the correction of normative documents that conflict with the Constitution or have constitutionality issues.

The draft decision asserts the principle of correcting errors when identified.

If special committees of the NPC and agencies of the NPC Standing Committee, after examination, believe that regulations or judicial interpretations should be rectified, they may communicate with the drafting authority to urge them to amend or abolish the normative documents, according to the draft.

If, after communication, the drafting authority refuses to make changes or abolish the documents or fails to provide a clear plan and timeline for resolution, the draft states that written review opinions should be submitted in accordance with the law. It further requests the drafting authority to provide written responses within two months.

To underscore the mandatory nature of rectification, the draft decision specifies that if the drafting authority does not modify or abolish regulations or judicial interpretations in accordance with the written review opinions or resolution plans, NPC special committees and agencies of the NPC Standing Committee may prepare relevant bills or suggestions to be submitted to the NPC Standing Committee for deliberation and making decisions.

(Web editor: Zhang Kaiwei, Liang Jun)


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