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China Amends Legislation Law

Mon, 24 Apr 2023
Categories: China Legal Trends

On 13 Mar. 2023, the National People’s Congress (NPC), China’s legislature, passed the amended Legislation Law.

The Legislation Law provides for the enactment, amendment, and repeal of, among others, laws, administrative regulations, local regulations, autonomous regulations, and separate regulations.

The highlights of this amendment are as follows:

1. Legislative power

Under the previous Legislation Law, the NPC enacts and amends basic laws governing criminal offences, civil affairs, state authorities, and other matters. The NPC Standing Committee enacts other laws and may amend these basic laws.

The amended Legislation Law additionally stipulates that the NPC may also authorize the NPC Standing Committee to enact relevant laws.

2. Number of deliberations

Under the previous Legislation Law, legislative bills to be deliberated by the NPC Standing Committee shall be put to vote after deliberations at two sessions. However, a legislative bill may be put to vote after deliberation at one session if various parties have a consensus on the bill and it concerns the simple adjustment of certain matters or partial amendments to a law.

The amended Law additionally stipulates that legislative bills to be deliberated by the NPC Standing Committee may also be put to vote after deliberation at one session of the Standing Committee in case of emergency.

3. Focus of legislation

The amended Law clarifies that the NPC will focus on the legislation in key, emerging, and foreign-related fields.

 

 

Cover Photo by YunFengQ on Unsplash

Contributors: CJO Staff Contributors Team

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