全國人大常委會工作報告(2016)(全文)
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Work report of NPC Standing Committee (2016)

 
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二、加強憲法實施和監督工作2. We strengthened efforts to ensure and oversee the enforcement of the Constitution.
全面貫徹實施憲法,是建設社會主義法治國家的首要任務和基礎性工作。常委會始終恪守憲法原則,履行憲法監督職責,大力弘揚憲法精神,堅決維護憲法權威,保證憲法全面有效實施。Ensuring the full enforcement of the Constitution represents the most important and fundamental task in building China into a socialist rule of law country. With a continued commitment to upholding the principles of the Constitution, the Standing Committee has worked to fulfill its duty to oversee the enforcement of the Constitution, energetically promote the spirit of the Constitution, resolutely safeguard its authority, and ensure its full and effective enforcement.
(一)建立憲法宣誓制度。常委會審議通過《全國人民代表大會常務委員會關于實行憲法宣誓制度的決定》,以國家立法形式建立了我國的憲法宣誓制度,明確規定:“各級人民代表大會及縣級以上人民代表大會常務委員會選舉或者決定任命的國家工作人員,以及各級人民政府、人民法院、人民檢察院任命的國家工作人員,在就職時應當公開進行憲法宣誓。”這是深入推進依法治國、依憲治國的重大舉措。憲法宣誓誓詞,體現了國家工作人員對祖國對人民應有的忠誠、擔當和莊嚴承諾。實行憲法宣誓制度,將有力地激勵和教育國家工作人員忠于憲法、遵守憲法、維護憲法,加強憲法實施和監督。

1) We introduced a system of pledging allegiance to the Constitution.

The Standing Committee examined and adopted the Decision of the Standing Committee of the National People's Congress on Implementing the System of Pledging Allegiance to the Constitution, thereby establishing the system into national law. The decision stipulates, "All those who are elected or appointed to public office by people's congresses at all levels or by the standing committees of people's congresses at and above the county level as well as by people's governments, people's courts, and people's procuratorates at all levels shall make a public pledge of allegiance to the Constitution when they officially assume office." This is a major measure for promoting governance of the country based on the Constitution and other laws. The words of the pledge embody the sense of loyalty, responsibility, and commitment that public servants are expected to have toward their country and people. The practice of pledging allegiance to the Constitution will play an important role in urging public servants to remain loyal to, comply with, and safeguard the Constitution, which in turn will help us in our efforts to ensure and oversee the enforcement of the Constitution.

(二)實施憲法規定的特赦制度。為了紀念中國人民抗日戰爭暨世界反法西斯戰爭勝利70周年,貫徹黨中央決策部署,根據憲法有關規定,常委會通過關于特赦部分服刑罪犯的決定,國家主席發布特赦令,對參加過中國人民抗日戰爭、中國人民解放戰爭等4類部分服刑罪犯實行特赦。這是新中國成立以來第八次、也是改革開放以來第一次實行特赦,是實施憲法規定的特赦制度、貫徹全面依法治國和體現人道主義精神的新實踐,具有重大政治意義和法治意義。

2) We exercised constitutional stipulations on amnesty.

In commemorating the 70th anniversary of the victory in the Chinese War of Resistance against Japanese Aggression and in the Global War against Fascism, and acting in line with the decisions and plans of the CPC Central Committee, the NPC Standing Committee, in compliance with the relevant provisions of the Constitution, adopted a decision on granting amnesty to certain prisoners. The President of China issued an order, granting amnesty to prisoners falling into four categories, with one category being those who fought in the War of Resistance and those who fought in the War of Liberation. This marks the eighth time since the founding of the People's Republic of China, and the first time since the introduction of the reform and opening up policy, that amnesty has been granted in China. The granting of amnesty represents a new step that has been taken to implement the system of amnesty as stipulated in the Constitution, advance the law-based governance of China in all areas, and apply the spirit of humanitarianism, and therefore has major political and legal implications.

(三)制定國家勛章和國家榮譽稱號法。國家功勛榮譽表彰制度是憲法規定的國家重要制度。為了依法褒獎作出突出貢獻的杰出人士,培育和弘揚社會主義核心價值觀,增強中國特色社會主義事業的凝聚力和感召力,常委會根據憲法第67條第16項的規定,在總結以往授勛實踐經驗基礎上,起草并審議通過了國家勛章和國家榮譽稱號法。這部法律,明確了國家勛章和國家榮譽稱號的設立、授予對象、授予程序等最主要、最基本的制度,為推動建立健全黨和國家功勛榮譽表彰制度體系奠定了重要法治基礎。

3) We enacted the Law on National Medals and Titles of Honor.

The system of national awards and honors is an important system stipulated in the Constitution. In order to commend and award those who have made outstanding contributions to our country, foster and promote the core socialist values, and enhance the cohesiveness and appeal of socialism with Chinese characteristics, the Standing Committee, in accordance with Paragraph 16 under Article 67 of the Constitution and on the basis of a review of the past experience in granting medals and awards, drafted and then deliberated and passed the Law on National Medals and Titles of Honor. This law has defined the most important and fundamental provisions concerning national medals and honorary titles, such as the establishment of such medals and titles, eligible recipients, and awarding procedures, thereby laying down an important legal basis for establishing and improving relevant systems of Party and state awards and honors.

(四)健全規范性文件備案審查制度。對規范性文件實行備案審查,是維護憲法尊嚴、保證國家法制統一的重要制度。常委會以貫徹實施修改后的立法法為契機,加強備案審查制度和能力建設。常委會工作機構與有關方面共同建立法規、規章和規范性文件備案審查銜接聯動機制。經過多年的努力,我國各類法規、規章、司法解釋和規范性文件都已納入備案審查范圍;經審查,發現有違反憲法法律的,依法依規予以撤銷和糾正,實行有件必備、有備必審、有錯必糾。一年來,常委會工作機構對“一府兩院”報備的30多件行政法規、司法解釋逐件進行審查,對部分地方性法規開展主動審查,研究各方面提出的200多件審查建議,認真做好備案審查工作。

4) We improved the recording and review system for normative documents.

The recording and review of normative documents constitutes an important system for safeguarding the authority of the Constitution and ensuring legislative consistency. Seizing on the opportunity provided by the implementation of the revised Legislation Law, the Standing Committee took steps not only to improve the system of recording and reviewing normative documents, but also to enhance its capacity to implement this system. The working bodies of the Standing Committee, working in collaboration with relevant departments, established a mechanism for coordinating the recording and review of regulations, rules, and other normative documents. Thanks to years of efforts, all types of regulations, rules, judicial interpretations, and other normative documents have been brought under the scope of recording and review, and we have worked to see to it that any normative document that is found to, through review, conflict with the Constitution or any other law is rescinded or corrected in accordance with the law and relevant regulations. Our policy in this regard is to ensure that all normative documents are kept on record, all documents on record are examined, and all mistakes discovered in these documents are rectified. Over the past year, the working bodies of the Standing Committee reviewed over 30 administrative regulations and judicial interpretations submitted by the State Council, the Supreme People's Court, and the Supreme People's Procuratorate. They have also taken the initiative to review certain local regulations, studying over 200 suggestions from various departments. In doing so, they have ensured proper recording and review of normative documents.

三、依法支持和推動全面深化改革工作3. We supported and promoted the comprehensive deepening of reform in accordance with the law.
常委會堅持在法治下推進改革、在改革中完善法治,通過立法、監督等工作,保證重大改革舉措于法有據、順利實施。The Standing Committee has remained committed to advancing reform on the basis of the rule of law and strengthening the rule of law through reform. Through our efforts in legislation and oversight, we have ensured that all of China's major reforms have a legal basis and are carried out soundly.
(一)以授權決定形式支持相關改革試點工作。對與現行法律規定不一致、修改法律尚不成熟、需要先行先試的改革舉措,常委會按照法定程序作出授權決定,為局部地區或者特定領域先行先試提供法律依據和支持。一年來,我們先后就開展人民陪審員制度改革試點、開展公益訴訟改革試點、開展藥品上市許可持有人制度試點和有關問題、開展農村承包土地的經營權和農民住房財產權抵押貸款試點、在實施股票發行注冊制改革中調整適用證券法有關規定等,分別作出授權決定,明確規定了授權的范圍、內容和期限。同時,要求有關方面依法做好改革試點工作,及時總結實踐經驗,并將實施情況向全國人大常委會報告。

1) We granted authorization to support trial reforms.

For proposed reforms that come into conflict with existing laws, and for which the conditions for revising the relevant laws do not exist and trials are required first, the Standing Committee may act in accordance with the prescribed legal procedures to grant authorization for preliminary reform trials to be conducted, thereby providing the necessary legal basis and support for trial reforms in certain regions or particular sectors. Over the past year, we have issued authorization decisions on a series of initiatives, including the trial reform of the system of people's assessors, the trials for filing public interest litigation, the pilot program of a marketing authorization holder system for drugs and relevant issues, the trials to allow the mortgaging of contracted rural land-use rights and farmers' home property rights, and the adjustment to the applicability of certain stipulations in the Securities Law in order to implement the reform to introduce an IPO registration system. These decisions have been made with clear definition to the scope, content, and period of validity of the relevant authorizations. At the same time, we urged relevant government departments to carry out these trial reforms in accordance with the law, promptly sum up experience gained in practice, and report their progress to the Standing Committee.

(二)統籌修改部分法律中同類或者相關的規定。持續推進簡政放權、放管結合、優化服務,必須及時修改或者廢止那些已經不合時宜的法律規定。常委會在認真審議國務院相關議案的基礎上,區別不同情況,采取統籌修改形式,分別通過了6個關于修改法律的決定,涉及24部法律和1個有關法律問題的決定,對其中有關行政審批、價格管理等方面的部分條款一并作出修改。還修改了商業銀行法的個別條款,刪去關于商業銀行存貸款比例不得超過75%的規定,以利于商業銀行適度加大信貸投放、增強支持實體經濟發展的能力。

2) We carried out a coordinated effort to revise similar or related stipulations across certain laws.

In a continued effort to help the government streamline administration, delegate more powers, improve regulation, and provide better services, we found it imperative to act promptly to revise or rescind any laws or regulations that are no longer suited to the current conditions. The Standing Committee, on the basis of thoroughly reviewing relevant motions put forward by the State Council, and in view of different circumstances, decided to adopt a comprehensive approach to the revision of the laws in question. We approved six decisions on the revision of existing laws which involved 24 laws and one decision on legal issues, making consistent revisions to certain articles therein concerning government review and price regulation. In addition, certain revisions were made to the Law on Commercial Banks, such as the deletion of a provision stipulating that the loan-to-deposit ratio of commercial banks was not to exceed 75%. This revision enables commercial banks to increase their credit supply by an appropriate margin and better support the development of the real economy.

(三)聽取審議“一府兩院”相關改革工作情況報告。常委會近年來先后作出多個有關改革開放試驗試點的授權決定。2015年4月,常委會聽取審議了國務院關于自由貿易試驗區工作進展情況的報告,積極評價上海自貿試驗區建設取得的階段性成果和廣東、天津、福建3個新設自貿試驗區的進展情況,對積極穩妥、深入推進自貿試驗區建設提出了一些加強和改進的意見建議。8月,常委會審議了最高人民法院、最高人民檢察院關于刑事案件速裁程序試點情況的中期報告,強調繼續加強對試點工作的組織指導和監督檢查,及時進行總結和評估,為完善刑事訴訟程序提供可靠依據。12月,在授權國務院在廣東省暫時調整部分法律規定的行政審批試行期屆滿之際,常委會審議了國務院關于實施情況的相關報告,根據實際情況對屆滿后有關問題作出決定。

3) We heard and reviewed reports on the progress of reforms from the State Council, the Supreme People's Court, and the Supreme People's Procuratorate.

Over the last several years, the Standing Committee has made authorization decisions on a number of pilot initiatives in reform and opening up. In April 2015, the Standing Committee heard and reviewed the State Council's work report on pilot free trade zones, giving a positive appraisal of the progress made in the development of the China (Shanghai) Pilot Free Trade Zone and in the establishment of three more pilot free trade zones in Guangdong, Tianjin, and Fujian. The Standing Committee also proposed several improvements with regard to the active yet prudent development of pilot free trade zones. In August, during its review of the mid-term report of the Supreme People's Court and the Supreme People's Procuratorate on the implementation of the pilot projects of accelerated procedures for certain criminal cases, the Standing Committee emphasized the need to enhance the organization, guidance, monitoring, and inspection of the pilot projects and conduct timely reviews and assessments, so that a reliable source of reference could be provided for improving criminal litigation procedures. In December, when the authorization allowing the State Council to make provisional adjustments on a trial basis to items requiring government review as prescribed by certain laws in Guangdong Province was about to expire, the Standing Committee reviewed the State Council's report on the implementation of this pilot practice and made a decision regarding the handling of subsequent matters following the expiration of the authorization in view of actual conditions.

四、在增強監督實效上取得新進展4. We made progress in the provision of more effective oversight.
常委會依法行使監督職權,圍繞中心、服務大局、突出重點,著力增強監督實效,推動黨中央重大決策部署貫徹落實,促進依法行政、公正司法。The Standing Committee exercises powers of oversight in accordance with the law. With a view to better serving the central task of economic development and the overall interests of the country, we channeled considerable energy into making our oversight work more effective, maintaining a focus on key priorities. Our oversight efforts have helped to ensure the implementation of the Party Central Committee's major decisions and plans, as well as law-based government administration and judicial impartiality.
(一)加大執法檢查力度。執法檢查是人大監督的法定形式和重要途徑。一年來,常委會共檢查職業教育法、消費者權益保護法、農業法、水污染防治法、老年人權益保障法、民族區域自治法等6部法律的實施情況。委員長、副委員長擔任執法檢查組組長,帶隊赴地方開展監督檢查,在常委會會議上作執法檢查報告,主持常委會專題詢問。注重加強跟蹤監督,在2014年開展大氣污染防治法執法檢查、聽取審議相關報告的基礎上,2015年專門安排聽取審議國務院關于研究處理大氣污染防治法執法檢查報告及審議意見情況的反饋報告;還聽取審議國務院關于落實職業教育法執法檢查報告和審議意見的報告,持續推動加強和改進相關工作。

1) We intensified our efforts to inspect compliance with laws.

Inspecting compliance with laws is a major statutory means by which the NPC exercises oversight. Over the past year, the Standing Committee inspected compliance with six laws, specifically the Law on Vocational Education, the Law on the Protection of Consumers' Rights and Interests, the Agriculture Law, the Law on the Prevention and Control of Water Pollution, the Law on Guaranteeing the Rights and Interests of Senior Citizens, and the Law on Regional Ethnic Autonomy. Vice chairpersons of the Standing Committee, as well as myself as Chairman, headed inspection groups to localities to oversee and inspect compliance with these laws and on this basis, delivered reports on the findings at meetings of the Standing Committee and chaired inquiries on related specific issues. In addition, the Standing Committee strengthened follow-up oversight. Following our inspection of compliance with the Air Pollution Prevention and Control Law and our deliberation on the inspection report in 2014, we made arrangements last year to hear and deliberate the State Council's feedback report on how it had responded to our 2014 report and our comments. We also heard and deliberated a report from the State Council on the work it did in response to our compliance inspection report for the Law on Vocational Education and our comments. Our efforts in this regard have contributed to the improvement of relevant government work.

常委會抓住法律實施中的突出問題和薄弱環節,研究提出解決問題、完善制度的意見建議,督促和推動有關方面全面有效實施法律。國務院及其有關部門高度重視、認真落實執法檢查報告和常委會審議意見提出的建議,積極研究制定整改落實措施,解決了一批實際問題,健全完善了相關制度機制。針對職業教育法執法檢查中提出的以就業為導向提高職業教育辦學質量、促進產教深度融合和校企共同育人、促進普通本科高等院校轉型發展等意見建議,教科文衛委員會加強跟蹤督促,有關部門修訂了高職專業目錄,頒布了高職專業設置管理辦法,專業總數由原來的1170個調減至748個;制定實施關于深入推進職業教育集團化辦學的指導性文件,全國已建成1000多個職教集團;制定實施《高等職業教育創新發展行動計劃(2015-2018年)》、《關于引導部分地方普通本科高校向應用型轉變的指導意見》等。Focusing on the prominent problems and weak points identified in the enforcement of the laws for which we carried out compliance inspections, the Standing Committee put forward comments and proposals for solving these problems and improving related systems, urging relevant government departments to work toward complete and effective enforcement of these laws. Taking these comments and suggestions extremely seriously, the State Council and its departments took earnest measures to rectify the problems exposed in the inspection reports and implement the Standing Committee's suggestions, thereby resolving a number of practical problems and refining the relevant systems and mechanisms. Based on an inspection of compliance with the Law on Vocational Education, the Standing Committee put forward proposals on improving the quality of vocational education by taking an employment-oriented approach, deepening the integration of vocational education with industry and cooperation between vocational colleges and businesses, and encouraging regular undergraduate institutions to shift their focus toward providing applied education. Under follow-up monitoring by the NPC's Education, Science, Culture, and Public Health Committee, the relevant government departments acted accordingly by revising the list of specialties offered by vocational colleges and promulgating methods for managing the provision of specialties by vocational colleges. As a result, the total number of specialties has been condensed from 1,170 to 748. In addition, the relevant departments formulated and implemented guidelines on encouraging the incorporation of vocational education providers into groups, resulting in the formation of over 1,000 vocational education groups nationwide. They also formulated and implemented the action plan for innovation and development in higher vocational education (2015-2018) and the guidelines on encouraging some local regular undergraduate institutions to shift toward providing applied education.
(二)加強預算決算審查監督。常委會依法聽取審議決算、審計工作、預算執行情況等報告,審查批準2014年中央決算。要求各級政府和有關部門認真貫徹實施修改后的預算法,深化財稅體制改革,規范預決算編制和管理,推進財政資金統籌使用,提高財政資金使用績效。

2) We strengthened the review and oversight of government budgets and final accounts.

In performing this legally prescribed duty, the Standing Committee heard and deliberated government reports on final accounts, auditing work, and the implementation of budgets, and reviewed and approved the central government's final accounts for 2014. We required governments at all levels and related departments to conscientiously observe the revised Budget Law, deepen the reform of fiscal and tax systems, follow standard procedures in compiling and managing budgets and final accounts, and make overall plans for the use of government funds so as to ensure that these funds are used more effectively.

審議批準關于2015年地方政府債務限額的議案,聽取審議關于加強地方政府債務管理情況報告。提出從緊控制地方政府債務增長,嚴格限定舉債程序和資金用途,正確處理當前和長遠的關系,完善債務考核評價、風險評估和應急處置機制,切實防范和化解地方政府債務風險。We deliberated and approved a motion by the State Council on imposing ceilings on local government debt in 2015, and heard and deliberated a report on its work to strengthen local government debt management. Upon deliberation, we required that the growth of local government debt be tightly controlled, strict procedures be followed in the issuance of bonds by local governments, and strict controls be imposed on the use of borrowed funds, with due attention given to both short-term and long-term needs. We also required that improvements be made to mechanisms for evaluating debt management performance, assessing risks, and dealing with emergencies, so as to effectively prevent and defuse local government debt risks.
(三)促進經濟持續健康發展。常委會聽取審議關于計劃執行情況等報告,充分肯定國務院及有關方面的工作,認為我國經濟發展實現了穩中有進、穩中有好,成績來之不易。提出要認真貫徹落實黨中央決策部署,進一步認識、適應和引領經濟發展新常態,堅持以提高經濟發展質量和效益為中心,保持穩增長、促改革、調結構、惠民生、防風險綜合平衡,促進經濟持續健康發展和社會大局穩定。

3) We helped to promote sustained, sound economic development.

The Standing Committee heard and deliberated reports by the State Council on development, including a report on the implementation of the 2014 plan for national economic and social development. We fully endorsed the work of the State Council and its relevant departments, remarking that the steady and positive performance of China's economy in 2014 had not come easily. At the same time, we proposed that the State Council continue to faithfully implement the decisions and plans of the Party Central Committee; understand, adapt to, and guide the new normal in China's economic development; focus on improving the quality and efficacy of economic development; maintain a proper balance between ensuring steady growth, promoting reform, making structural adjustments, improving living standards, and guarding against risks; and work to promote sustained, sound economic development and social stability.

聽取審議關于信息化建設及推動信息化和工業化深度融合發展、穩定和完善農村土地承包關系等工作情況的報告。強調要明確信息技術發展戰略,推進共性關鍵技術攻關和自主創新體系建設,強化信息公共服務,加快信息科技成果轉化應用,加快推進我國信息化建設和“兩化融合”。要求認真做好農村土地承包經營權確權登記頒證工作,妥善解決承包土地糾紛及人地矛盾,依法維護農民權益,有序開展農村土地制度改革試點工作,加快構建新型農業經營體系,發展現代農業。We also heard and deliberated reports by the State Council on its work to promote the application of information technology and the deeper integration of information technology into industrialization, and on its work to improve and stabilize rural land contract relationships. We emphasized that the government should highlight information technology development as a strategy; promote breakthroughs in generic key technologies and build a system for innovation; improve public services concerning information; accelerate the commercialization and application of advances in information technology; and move faster to promote the application of information technology and integrate it more deeply into industrialization. We required that the government work to ensure smooth progress in determining, registering, and certifying contracted rural land-use rights; properly settle disputes over contracted land-use rights and solve the problem of an increasing number of rural residents having no land to farm; protect the rights and interests of farmers according to law; carry out the trial reform of the rural land system in an orderly fashion; speed up the establishment of a new type of system of agricultural operations; and develop modern agriculture.
常委會組織有關專門委員會、工作委員會圍繞“十三五”時期經濟社會發展若干重要問題開展專題調研,形成24份專題調研報告,涉及財政經濟、教科文衛、節能環保、民族僑務、養老服務、“三農”、粵港澳合作等諸多領域,為研究編制“十三五”規劃綱要提供重要參考,也為審查批準“十三五”規劃綱要做了必要準備。The Standing Committee organized for the relevant special committees and working committees to carry out dedicated research on major issues concerning economic and social development during the 13th Five-Year Plan period. The 24 reports this led to focused on issues concerning public finance, the economy, education, science, culture, public health, energy conservation, environmental protection, work related to ethnic minorities and overseas Chinese, elderly care, agriculture, rural areas, farmers, and cooperation between Guangdong on the one hand and Hong Kong and Macao on the other, thereby providing the government with a valuable source of reference for formulating the 13th Five-Year Plan. These research activities have also better prepared deputies for examining and approving the 13th Five-Year Plan at this session of the NPC.
(四)推動保障和改善民生。保障改善民生、促進社會公平正義,是常委會監督工作的重點。在聽取審議關于公共文化服務體系建設工作情況報告中,常委會要求有關方面加強公共文化體育設施建設和隊伍建設,加大公共文化產品和服務供給力度,創新公共文化管理體制和運行機制,讓人民群眾享有更多更好的文化發展成果。在聽取審議關于深化醫藥衛生體制改革工作進展情況報告中,常委會充分肯定深化醫改工作取得的顯著成績,同時強調要增強攻堅克難的信心和勇氣,立足中國實際,持續不斷地把改革推向深入;堅持保基本、強基層、建機制的基本原則,盡力而為、量力而行;加強頂層設計,完善體制機制,積極探索醫改這一世界性難題的中國式解決辦法,推進健康中國建設。

4) We helped to guarantee and improve living standards.

Safeguarding and improving the people's wellbeing and promoting social equity and justice represent priorities in the Standing Committee's oversight work. After hearing and deliberating the State Council's report on its efforts to develop the system of public cultural services, the Standing Committee proposed that the relevant government departments intensify the construction of public cultural and sports facilities; build a stronger contingent of personnel in the cultural and sports sectors; increase the supply of public cultural products and services; and make innovations in systems and mechanisms for the management and operation of public cultural programs, so that the people can benefit more from cultural development. After hearing and deliberating the State Council's report on the progress in deepening the reform of the medical and health care systems, the Standing Committee fully affirmed the notable achievements that had been registered, while also emphasizing that the government should continue to push the reform forward in line with China's realities, with strong confidence and the courage to overcome any difficulty that may emerge on the road ahead. We iterated that the government should do everything it can within reasonable limits to ensure basic medical and health care services for the people, improve the services provided at the community level, and establish sound supporting mechanisms. We also stated that it should strengthen top-level design, improve systems and mechanisms, and work energetically to find a Chinese solution to medical reform -- a difficult problem for all countries around the world -- with a view to making progress in building a Healthy China.

(五)繼續加強對司法工作的監督。聽取審議最高人民法院關于行政審判工作情況報告、最高人民檢察院關于刑罰執行監督工作情況報告,提出要認真貫徹實施修改后的行政訴訟法,提高行政審判工作水平;規范和完善刑罰執行監督機制,嚴格適用減刑、假釋、保外就醫程序。最高人民法院召開全國法院電視電話會議,專題部署進一步加強和改進新形勢下行政審判工作。最高人民檢察院認真落實常委會審議意見,作出了《關于全面加強和規范刑事執行檢察工作的決定》。

5) We continued to strengthen oversight of judicial work.

We heard and deliberated the report of the Supreme People's Court on the hearing of administrative cases and the report of the Supreme People's Procuratorate on the oversight over the enforcement of penal decisions. On this basis, we commented that the courts should fully observe the revised Administrative Procedures Law and improve the hearing of administrative cases, and that the procuratorates should standardize and improve oversight over the enforcement of penal decisions and ensure strict application of sentence commutation, parole, and medical bail. The Supreme People's Court held a teleconference for courts throughout the country, during which it laid out dedicated plans for strengthening and improving the hearing of administrative cases under new circumstances. The Supreme People's Procuratorate also earnestly considered our comments, formulating the decision on comprehensively strengthening and standardizing inspections of the enforcement of penal decisions.

常委會把健全監督工作機制、完善監督工作方式方法,作為加大監督力度、增強監督實效的重要途徑,進行了一些新的探索。一是研究提出《關于改進審計查出突出問題整改情況向全國人大常委會報告機制的意見》。2015年6月,常委會聽取審議國務院年度審計工作報告,對查出的問題提出整改意見。12月,常委會聽取審議了國務院關于審計查出問題整改情況的報告,并結合審議報告進行了專題詢問。這在人大監督工作方面還是第一次。從整改情況看,對審計工作報告中反映的重點問題,財政部、發展改革委等6個部門進行了認真整改,并提出了整改情況報告;對其他問題,47個部門、單位對772個問題進行了認真整改。審計發現的違法違紀問題線索,審計署已經移送有關方面查處。二是研究提出《關于改進完善專題詢問工作的若干意見》,結合審議職業教育法、水污染防治法兩個執法檢查報告分別開展專題詢問,拓寬了專題詢問的范圍;國務院領導同志在常委會會議上作專項工作報告,參加常委會聯組會議,回答詢問、聽取意見,參加常委會執法檢查組會議,充分體現了政府對人大負責、受人大監督和加快建設法治政府的精神。The Standing Committee identified improving oversight mechanisms and methods as an important means of intensifying its oversight work and making its oversight more effective, and conducted new trials in this regard. This led, among other things, to the production of the guidelines on establishing a mechanism for the State Council to report to the NPC Standing Committee on the rectification of pronounced problems discovered in auditing. In June 2015, the Standing Committee heard and deliberated the State Council's annual report on auditing work and proposed corrections to problems identified therein. In December, the Standing Committee convened to hear and deliberate the State Council's report on the rectification of these problems, and then conducted an inquiry on specific issues based on our deliberation. This was a first in the oversight work of the NPC. Judging from the results, all problems discovered in auditing have been rectified, with the Ministry of Finance, the National Development and Reform Commission, and four other departments rectifying the major problems and presenting reports on their rectification work; and 47 departments and offices making corrections to 772 other problems. In addition, the National Audit Office referred leads on violations of the law and discipline uncovered during the auditing to the competent authorities for further investigation. Another result of the trials we conducted last year was the formulation of the guidelines on improving special inquiries. We carried out special inquiries in connection with our deliberations of the two compliance inspection reports for the Law on Vocational Education and the Law on the Prevention and Control of Water Pollution, allowing the topics subject to inquiry to be further expanded. Leading officials from the State Council came to deliver reports on special topics at meetings of the Standing Committee, and attended joint group meetings of the Standing Committee as well as meetings of the Standing Committee's groups inspecting compliance with laws, to respond to inquiries and solicit comments. These practices fully demonstrate that the government is accountable to the NPC and subject to its oversight, and that the building of a rule of law government is picking up speed.

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