2 The Fifth Session of the 10th National People’s Congress was held on March 5-16, 2007 in Beijing. Xinhua 3 Contents Legislation People 6 20 Chen Shu: A NPC Deputy Who Labor Contract Law Adopted with Speaks for the Disadvantaged Zhan Yan Public Participation Wu Chen, Meng Na Supervision Nationality 12 24 The Law on Supervision Tibet Takes on New Look Ri Bao and China’s Supervision Work Region witnesses dramatic changes since 1965 Yang Jingyu, chairman of the NPC Law Committee 4 NPC Adviser-In-General: Sheng Huaren Advisers: Wang Wanbin, Yang Jingyu, Jiang Enzhu, Qiao Xiaoyang, Nan Zhenzhong, Lu Congmin, Wang Yingfan, Ji Peiding, Cao Weizhou Chief of Editorial Board: Li Lianning Members of Editorial Board: Yin Zhongqing, Xin Chunying, Shen Chunyao, Ren Maodong, Zhu Xueqing, Kan Ke, Peng Fang, Wang Tiemin, Yang Ruixue, Gao Qi, Zhao Jie Editor-in-Chief: Wang Tiemin Vice-Chief Editors: Gao Qi, Zhao Jie Chief Copy-Editor: Xu Yan Copy-Editor: Zhang Baoshan,Zhao Buhui Art Editors: Liu Tingting, Chen Yuye, Wu Yue, Zeng Hui General Editorial Office Address: 23 Xijiaominxiang, Xicheng District Beijing 100805, P.R.China Tel: (86-10)6309-8540 (86-10)8308-4419 E-mail: [email protected] CIP Number: (2007)196874 ISBN: 978-7-80219-372-7/D·1229 Edited by The People’s Congresses Journal Published by China Democracy and Legal System Publishing House Printed by C&C Joint Printing Co., (Beijing) Ltd. in China 34 History Resolutely Opposed to Interference in China’s Internal Affairs by Any Country or Individual 40 Jews of Harbin in Pre-1949 Years Tang Yuankai and Li Li Using the Issue of the Dalai Lama World 36 44 China Plays a Unique Role in Resolving Behind the “People’s Palace” Zong He Darfur Issue Liu Dongkai, Lin Liping, China Features 5 Legislation Labor Contract Law Adopted with Public Participation By Wu Chen, Meng Na 6 he Standing Committee of tion process of the labor contract law. the National People’s Con- Li Yuan, director of the Administrative gress (NPC), China’s top Law Department under the Legislative legislature, adopted the La- Affairs Commission of the NPC Stand- bor Contract Law in June af- ing Committee, said that since China’s la- ter soliciting public opinions nationwide bor supply exceeded demand, employers, Tand four readings. The law is intended to without worries about insufficient labor, further protect the legal rights of workers often signed short-term contracts, which and employees. were a few months long, with employees, With eight chapters and 98 articles, so that some employees, afraid of unem- the law won 145 of the 146 votes with one ployment, dared not ask for reasonable abstention. salaries and social insurance. The new law, effective from January Therefore, some workers suggested 1, 2008, is the most significant change in Chinese labor law in more than a de- cade. More impressive, its final approval The NPC Standing followed 18 months of deliberation and unprecedented public participation and Committee received debates. 191,849 suggestions A process of demo- within 30 days. cratic law-making The draft of labor contract law was first submitted to the top legislature for deliberation in 2005 and released for public submissions from March 20 to April 20 last year, a move regarded as a major step in the country’s legislative transparency. The NPC Standing Committee received 191,849 suggestions within 30 days. The quantity and quality of the suggestions set a new record in China’s legislative history. Experts believe the wide public Xin Chunying, member of the NPC Standing Com- participation in the law’s enactment was mittee and vice chairwoman of the NPC Legislative because it directly concerned the basic Affairs Commission, attended a press conference on the adoption of the Labor Contract Law at the interests of common people. Great Hall of the People on June 29, 2007. She said According to the source from the NPC, that the law would not affect foreign enterprises’ 65 percent of the suggestions came from investment in China. Sheng Jiapeng low-ranking employees. The suggestions focused on widely- contracts should be valid for at least one existing problems of the current labor or two years to better protect workers’ in- contract system, such as short validity terests. Some suggested an increase in the The 28th session of the Standing Com- terms of labor contracts, unequal pay for cost for employers to sack employees in a mittee of the 10th National People’s Congress concluded on June 29, 2007 in equal work and employers’ reluctance to bid to avoid unfair dismissals. Beijing. The meeting voted to adopt the buy social insurance for employees. A provision on “equal pay for equal Labor Contract Law of People’s Republic of China (draft). Sheng Jiapeng Workers submitted their problems to work” in the labor contract law was also the legislature, hoping that their views frequently mentioned. would be fully considered in the legisla- Some wrote letters to the legislature, 7 Legislation protect workers’ legal rights after adoption of the labor contract law. Wu said governments and trade unions at all levels should do their best to publi- cize the law among workers and employ- ers to better safeguard the rights of em- ployees. Tian Chengping, Minister of Labor and Social Security, said the adoption of the law was of great significance for regulating the labor practices of employ- ers, protecting the legal rights of workers, maintaining a stable and harmonious rela- tionship between employees and employ- ers and enhancing the building of a har- monious society. “It’s an important law to readjust the relationship between employees and em- Li Yuan, director of the Administrative Law Department under the Legislative Affairs Commission of ployers in the circumstances of the social- the NPC Standing Committee, made explanation on the draft of the Labor Contract Law at a press conference to solicit public opinions on March 20, 2007 in Beijing. Liao Wenjing ist market economy,” Tian said. China initiated the labor contract sys- expressed their opinions on some parts of tem in the early 1990s with the promul- the draft, arguing that overly restrictive gation of the Labor Law. Previously, most Chairman of the NPC rules could raise costs and hurt business. Chinese workers enjoyed the “cradle to Standing Committee Wu In response, lawmakers held forums, grave” welfare system sponsored by the study sessions, conducted investigations, government. But over the past dozen Bangguo urged local and visited law experts to better address years, an increasing number of workers public concerns. After being revised in the ensured their salaries and welfare through governments and trade light of suggestions from the public, the signing labor contracts, with China’s de- unions to do their best draft law was submitted to the legislature velopment into a market economy. in June for a fourth reading. The system has contributed to the to protect workers’ legal James Zimmerman, chairman of the rapid and stable social and economic American Chamber of Commerce in development by establishing a new rights after adoption of China thanked the legislature for seeking employment mechanism of mutual the labor contract law. comment. selection between employers and workers. “Our members appreciate the Chinese However, problems occurred during the government’s openness in seeking com- enforcement of the labor contract system ment from a broad range of stakeholders, as some companies were mistreating complaining that many migrant workers including the foreign business commu- workers by withholding pay, requiring worked twice as long as urban workers, nity,” Zimmerman said in a written state- unpaid overtime or failing to provide but earned one fifth to one third of the ment. written contracts. salaries of their urban counterparts and The labor contract law was made to had no social welfare. Providing compre- plug the loopholes that caused existing A large number of employers shirk hensive protection problems with detailed provisions. their responsibilities of contributing to The labor contract law emphasizes pension, medical and unemployment for employees the protection of the employees, who insurance for employees. Some laborers are relatively vulnerable in the labor suggested the setting up of supervisory Chairman of the NPC Standing Com- relationship, to balance the strength government organizations. mittee Wu Bangguo urged local govern- and interests of both sides, in a bid to Foreign business groups also ments and trade unions to do their best to promote the harmonious society, said Sun 8 Migrant workers from China Railway Seventh Group Co. Ltd read brochures of laws and regulations on October 21, 2007 during a publicity campaign on labor contract law and employment pro- motion law held on the square of the Zijingshan People’s Park in Zhengzhou, capital of central China’s Henan Province. Chen Daishu Baoshu, Vice Minister of Labor and Social central and north China. in the revision, said Yang Jingyu, chair- Security. According to the law, officials man of the Law Committee. The law tries to provide comprehensive abusing their authority or neglecting their The officials’ actions directly harmed protection of employees’ rights. responsibilities, resulting in harm to the the legal rights of workers and caused interests of workers, will face administrative social disquiet, so the labor contract law, Protection for penalties or criminal prosecution if the which aimed to protect workers, should actions are serious enough. contain provisions to tackle the problem, migrant workers Lawmakers lambasted officials in- according to members of the NPC Stand- volved in the forced labor scandal in north ing Committee. The lawmakers also urged The law was adopted amid the exposure Shanxi Province during their fourth delib- it be put to a vote as soon as possible.