ISSUE 4 · 2014 《中国人大》对外版 NPC National People’s Congress of China NATIONAL CONSTITUTION DAY TO SHORE UP AWARENESS s Schoolchildren attend a memorial ceremony as the national flag is seen behind at half-mast, at the Nanjing Massacre Museum in Nanjing, Jiangsu Province on December 13, 2014. CFP On December 2, 2014, accompanied by her daughter, Yang Cuiying pays tribute to her relatives who were killed during the notorious Nanjing Mas- sacre. On December 14, 1937, Yang’s father and uncle were arrested by the Japanese invaders and never returned. Having gone through huge hardships, Yang managed to survive the massacre. Li Xiang s People participate memorial services on December 13, 2014 in front of the Memorial Hall of the Victims in Nanjing Massacre by Japanese Invaders as China commemorates its first national memorial day for victims of the massacre. CFP People attend a candlelight vigil on December 13, 2014 in Nanjing, Jiangsu Province to commemorate the victims About 3,000 pigeons are released on December 13, 2014, which slaughtered by the Japanese marked China’s first National Memorial Day for Nanjing Massacre invaders during the Nanjing Victims in Nanjing, Jiangsu Province. Chinese President Xi Jinping Massacre 77 years ago. CFP and others gathered at a memorial hall in Nanjing, where 77 years ago invading Japanese soldiers slaughtered more than 300,000 people, mostly unresisting civilians. Han Yuqing National Constitution Day 12 to shore up awareness Contents Fourth Plenary Session Special Report Inter-Parliamentary Exchange 6 12 16 CPC sets new blueprint for rule of law National Constitution Day to shore Zhang Dejiang wraps up fruitful Latin up awareness America tour 10 22 Chinese expect CPC’s rule-of-law China-ASEAN cooperation: blueprint to better protect rights a win-win scenario Zhang Dejiang 16 wraps up fruitful Latin America tour Combat smog with laws 24 38 Adjusting to the ‘New Normal’ ISSUE 4 · 2014 Interview Legislation 24 37 Combat smog with laws China amends law to support citizens ——Interview with NPC Vice-Chair- suing government woman Shen Yueyue Focus NPC General Editorial Opinion Office Address: 23 Xijiaominxiang, 38 Xicheng District Beijing Adjusting to the ‘New Normal’ 100805,P.R.China 32 Tel: (86-10)6309-8540 Spare no efforts on environmental pro- 44 (86-10)8308-3891 tection and resources conservation China to speed up construction of E-mail: [email protected] new Silk Road ISSN 1674-3008 Supervision CN 11-5683/D Price:RMB35 COVER: Students from Hailiang School in Edited by The People’s Congresses Journal Zhuji, Zhejiang Province read the Constitution 34 on December 2, 2014, two days ahead of Chi- Published by The People’s Congresses Journal na’s inaugural Constitution Day. Luo Shanxin Cabinet officials grilled for divided Printed by Beijing Guo Cai Printing Co., Ltd. in China pension programs, depreciating funds FOURTH PLENARY SESSION CPC sets new blueprint for rule of law Chinese President Xi Jinping addresses the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China (CPC) in Beijing. Lan Hongguang he Communist Party of China (CPC) set a new blueprint for rule of law in China during a key meeting in October 2014, promising sweeping judicial reforms while hailing the overarching role of the Constitution in the country’s legal system. TThe Fourth Plenary Session of the 18th CPC Central Committee was held in Beijing from October 20 to 23. According to a communique issued after the meeting, the overall target of the CPC’s current drive to advance rule of law is to form a system serving “the socialist rule of law with Chinese characteristics” and build a country under “the socialist rule of law.” China will work to build a law-abiding government, and will ensure the leadership of the CPC in “the socialist rule of law with Chinese characteris- tics,” the communique read. It also pledged to rule the country in accordance with the Constitution. This is the first time a plenary session of the CPC Central Committee has taken rule of law as its central theme. The Fourth Plenary Session of the 18th Central Committee of the Com- According to the communique, the four-day meeting adopted a deci- munist Party of China (CPC) is held sion on “major issues concerning comprehensively advancing rule of law,” from October 20 to 23, 2014 in Bei- and listened to a work report of the Political Bureau of the CPC Central jing, capital of China. Ju Peng Committee. 6 NATIONAL PEOPLE’S CONGRESS Of ChINA NPC Constitution rules found sense of rule of law. “To observe the Constitution is not just the citizens’ obli- The communique stated the Constitution is the “core” of gation, but is also integrated as part of the ruling party’s gov- the country’s socialist system of laws. ernance philosophy. I think it is one of the highlights in the The words mirrored a speech of Xi Jinping in late 2012 reforms indicated in the communique,” Xu said. when he stressed that “no organization or individual has the The communique also vowed to enforce the implementa- special right to overstep the Constitution and laws, and any tion of China’s Constitution through a constitutional supervi- violation of the Constitution and the laws must be investi- sion system under the National People’s Congress. gated.” “Efforts to adhere to the rule of law should give priority to Law experts also see “rule of Constitution” as a higher the rule of Constitution, and to adhere to the governing by level of rule of law. law should put the governing in line with Constitution in the Prof. Xu Guangjian, vice dean of the School of Public Ad- first place,” said the communique. ministration at the Renmin University of China, believes that The system to ensure the implementation of the Consti- the terms “rule of Constitution” and “governing in line with tution and to supervise the implementation should be im- Constitution” are an important step heading towards the rule proved, it said. of law construction, as they present a deeper and more pro- The National People’s Congress and its Standing Commit- ISSUE 4 · 2014 7 FOURTH PLENARY SESSION Chinese leaders Xi Jinping, Li Keqiang, Zhang Dejiang, Yu Zhengsheng, Liu Yunshan, Wang Qishan and Zhang Gaoli attend the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China (CPC) in Beijing. The session was held from October 20 to 23, 2014. Lan Hongguang tee, meanwhile, should play a better role in supervising the Constitution’s implementation, the communique added. The rule of law needs the CPC’s Moreover, procedural and systemic rules regarding the interpretation of the Constitution should be improved, the leadership while the CPC’s rule communique said, urging those with national and local lead- depends on the rule of law. ership positions in legislature to have their legislative power ensured. Party leadership State and social affairs be handled in line with the law,” the The communique also highlighted once again that the statement said. country will ensure the CPC’s leading role in its quest toward Prof. Ma from China University of Political Science and rule of law, citing the Party’s leadership “the most fundamen- Law stressed that to advance the rule of law is also to rein- tal guarantee” in the process. force the leadership by the CPC, not weaken it. “The CPC’s leadership is consistent with the socialist rule “The leadership by the CPC has been enshrined in the of law,” it said. country’s Constitution and to ensure the leadership is a natu- The rule of law needs the CPC’s leadership while the CPC’s ral requirement in the course of promoting rule of law,” Ma rule depends on the rule of law, the document further ex- said. plained. He noted that efforts to adhere to governing by law should Defined by the Constitution as the country’s leader, the be a basic pattern of CPC’s leading the public to govern the Party should take the lead in all aspects of promoting the rule country. of law, it said. “The CPC, as the country’s ruling party, must take the lead “Only if the CPC rules the country in line with the law, will in advancing the rule of law, and itself must act and use its people’s rights as the master of the nation be realized and the power in line with the Constitution and law,” he added. 8 NATIONAL PEOPLE’S CONGRESS Of ChINA NPC Meanwhile, the communique added that the rule of law not only requires the CPC to rule the country in line with law but also to manage itself in line with Party rules and disci- Highlights of the communique plines. The communique called for improved regulations and system of the Party to strengthen self-discipline and required The Fourth Plenary Session of the 18th Communist Party members to take the lead in abiding by state laws. Party of China (CPC) Central Committee announced a The effectiveness of implementing rule of law will be a sig- communique after its conclusion on October 23, 2014. nificant index in judging the work of officials at various levels Following are the highlights of the document, which and will be added to their performance appraisal system, the focuses on “comprehensively advancing the rule of law” in communique read. China. It called on all Party members to help implement the – The general target is to form a system serving “the CPC Central Committee’s major decisions of comprehen- socialist rule of law with Chinese characteristics” and build sively deepening reform and promoting rule of law, and to a country under “the socialist rule of law”.