2019年6月27日 星期四
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Annual Report on Promoting the Rule of Law in China(2017)

    时间:2018-06-28 16:30:53    来源:《中国法律年鉴》社(网络中心)编辑部   责任编辑:att2014

      Preface

      In 2017, China continued to adhere to the principle of managing the country in accordance with the law, and the new achievements and progress have been made in all areas of the construction of the rule of law:adhered to scientific legislation, democratic legislation, legislation in accordance with the law, focused on strengthening legislation in key areas, and the socialist legal system with Chinese characteristics has been further improved; deepened the promotion of administration according to law, strengthened the restriction and supervision of power, and the law enforcement has become more strict, fair and civilized;solidly promoted the justice for the people and impartial justice, comprehensively deepened the reform of judicial system, and obviously increased the quality, efficiency, and credibility of the judiciary; further implemented the publicity and education on the rule of law, focused on strengthening the use of new media and new technologies, and the concept of the rule of law of the public has been significantly strengthened; further improved the legal education system and mechanism, prospered and innovated the development of jurisprudence, and achieved remarkable results in the construction of socialist legal culture with Chinese characteristics and the cultivation of legal talents; continued to strengthen and improved the leadership of the Party in administering the country in a comprehensive manner, made effort to strengthen the construction of the party's internal laws and regulations, and made a overall progress in administering the country according to law and promoting the party in accordance with the rule.

      In October, the 19th National Congress of the Communist Party of China was held. This congress has confirmed "keeping the rule of law in a comprehensive and legal manner" as one of the basic strategies for upholding and developing socialism with Chinese characteristics in the new era, emphasized that "to fully govern the country according to law is a profound revolution in the governance of the country, it is thus necessary to uphold the rule of law, and promote scientific legislation, strict law enforcement, impartial justice, and compliance with the law by the whole people", and further made full arrangements for deepening the practice of governing the country according to law, including: Establishing a central leading group for comprehensively governing the country in accordance with the law, and strengthen unified leadership over the construction of the country under the rule of law. Developing the Socialist Theory of the Rule of Law with Chinese Characteristics, strengthening the implementation and supervision of the constitution, advancing the review of constitutionality and safeguard the constitutional authority. Carrying forward scientific legislation, democratic legislation and legislation according to law, promoting development with good laws, and guarantee good governance. Establishing a government under the rule of law, promote legal administration, and strictly regulating fair and civilized law enforcement. Deepening the comprehensive reform of the judicial system, fully implementing the judicial responsibility system, and striving to make the people feel fair and just in every judicial case. Intensifying legal popularization to the public, create a socialist legal culture, and establishing a concept of the rule of law where the constitutional law is supreme and everyone is equal before the law.

      The 19th National Congress of the Communist Party of China has painted a magnificent blueprint for China’s development to the middle of this century, opened a new journey to build a socialist modernized nation, and started a new era of China's legal construction. Looking to the future, China will surely take a more solid footing in adhering to a comprehensive rule of law.

       

      I. Legislation and Supervision of the National People's Congress and Its Standing Committee

      In 2017, the National People's Congress of China and its standing committee formulated a total of 7 laws, amended 32 laws, and passed 14 decisions on relevant legal issues and major issues. As of the end of December 2017, there were 263 laws currently in effect in China.

     

      A. Strengthening Legislation in Key Areas

      — Formulating the General Provisions of the Civil Law. Civil law, as an encyclopedia of social life, is a basic and comprehensive law in the civil field. Compiling a civil code, which meets the requirements for the development of socialism with Chinese characteristics, accords with China's national conditions and reality, and has a scientific style, a strict structure, a reasonable standard and a harmonized content, is the long-cherished wish of several generations of Chinese people. Formulating the General Provisions of the Civil Law is the first step in compiling the Civil Code. In March, the Fifth Session of the Twelfth National People's Congress reviewed and passed the General Provisions of the Civil Law. The General Provisions of the Civil Law stipulates the basic principles and general rules that must be followed in civil affairs, and rules the specific provisions of civil laws. The specific provisions on various civil systems will be made on the basis of the General Provisions of the Civil Law. The main contents of this law includes: The first is to improve the basic principles of civil law and the rules of legal application. Clarifying the personal rights, property rights, and other legal rights of civil entities shall be protected by law, and no organization or individual may infringe on them, and establishing certain basic principles such as the principles of equality, voluntariness, fairness, good faith, law-abiding, and green. Stipulating civil disputes shall be resolved in accordance with the law; or if the law is silent, customs may apply, but not contrary to public order and good morals; and if there are any special provisions on civil relations in any other law, such special provisions shall apply. The second is to improve the system of civil subject. Separately defining three types of civil subject, which are natural persons, legal persons and unincorporated organizations, increasing the provisions for protecting the interests of unborn child, adjusting the minimum age limit for minors with limited capacity for civil conduct to “eight years old” and improving the guardianship system; dividing legal persons into for-profit legal persons, non-profit legal persons and special legal persons in accordance with the differences in the purpose and functions of legal entities; giving unincorporated organizations civil status. The third is to highlight the protection of civil rights. Ensuring the physical freedom and personal dignity of natural persons are protected by law, natural persons enjoy the rights to life, physical rights, right to health, right to name, right to portrait, right to reputation, right to honor, right to privacy, autonomy in marriage, etc., and the personal information of natural persons is protected by the law; clarifying the property rights of civil entities shall be protected by the law equally, and civil subjects enjoy property rights, obligation rights, inheritance rights, equity and other investment rights in accordance with the law; making general provisions on intellectual property; stipulating that data and network virtual property shall be protected by law in order to adapt to the needs of the Internet and the era of big data development; regulating the exercise of civil rights, and making joint provisions on the special protection for the civil rights of vulnerable groups. The fourth is to improve the civil legal acts and agency system, such as expanding the connotation of civil legal acts, increasing the rules of meaning expression, and improving the rules of the effectiveness of civil legal acts. The fifth is to improve the system of civil liability and limitation of action.

      — Formulating the National Intelligence Law.In order to strengthen and safeguard national intelligence work and safeguard national security and interests, the National People's Congress Standing Committee reviewed and adopted the National Intelligence Law of the People's Republic of China in June. This law adapts to the new requirements and situation of intelligence work, highlights the characteristics of national intelligence work, clarifies the tasks and institutional mechanisms of national intelligence work, the authority of national intelligence agencies, the guarantees for national intelligence work and the regulation and supervision on the work of national intelligence, emphasizes the intelligence work shall be carried out in accordance with the law, respecting and safeguarding human rights, and providing a strong legal guarantee for strengthening national intelligence work and capabilities.

      — Formulating the Nuclear Safety Law. Nuclear safety is an important part of national security and a lifeline for the development of the nuclear industry. In September, the Standing Committee of the National People's Congress reviewed and passed the Nuclear Safety Law. This law implements the overall national security concept, establishes a nuclear safety standard system highly and strictly, carries out the supervisions and risk prevention and control on the entire process of selection, design, construction, operation and decommissioning of nuclear facilities, nuclear materials and related radioactive waste, clarifies responsibility for nuclear safety information disclosure and liability for nuclear damages, improves coordination mechanisms for nuclear safety work and international cooperation mechanisms, and provides a solid legal guarantee for achieving lasting safety and healthy development of nuclear energy.

      — Formulating the National Anthem Law.The national anthem established by the Chinese Constitution is an important symbol of the country. In September, the Standing Committee of the National People's Congress reviewed and passed the National Anthem Law. The main contents of this law: The first is to clarify the status of the national anthem, provide that the national anthem of the People's Republic of China is the "March of the Volunteers", and the national anthem is the symbol of the People's Republic of China. The second is to clarify that the national anthem shall be played and sung on the following occasions, including opening and closing ceremonies of sessions of the National People's Congress and local people's congresses at all levels; opening and closing ceremonies of sessions of the National Committee and local committees at all levels of the Chinese People's Political Consultative Conference; congresses at all levels of all political parties and people's organizations, among others; ceremonies of pledging allegiance to the Constitution; national flag raising ceremony; major ceremonies, commendations, commemorative ceremonies held by organizations at all levels, etc.; national public ceremony ceremonies; major diplomatic activities; major sports events; and other occasions where the national anthem shall be sung. The third is to clarify the etiquette and norms of the national anthem and to sing and play the national anthem. The fourth is to clarify the approval, release, and use of standard score of the national anthem. The fifth is to explicitly strengthen the propaganda and education of the national anthem, and stipulate that the national anthem shall be included into the primary and secondary education, the news media shall actively carry out propaganda on the national anthem, and popularize the anthem's singing etiquette knowledge. In addition, the national anthem law also stipulates the supervision and management of singing, playing and using the national anthem, and the legal responsibility for violating the national anthem law. In November, the Standing Committee of the National People's Congress passed the amendment to the Amendment (X) to the Criminal Law of the People's Republic of China to clarify the criminal responsibility for insulting the national anthem; made the Decision on Expanding the List of National Laws in Annex III to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and the Decision on Expanding the List of National Laws in Annex III to the Basic Law of the Macao Special Administrative Region of the People's Republic of China, and ensure the national anthem law is implemented in the Hong Kong and Macao Special Administrative Regions.

      — Amending the Law on Red Cross Society. In February, the Standing Committee of the National People's Congress passed the amendment draft of the Law on Red Cross Society. This amendment has further improved the responsibilities, supervision mechanism and internal governance structure of the Red Cross Society, added special chapters on legal responsibilities, and increased efforts to crack down on illegal activities. In addition, this amendment emphasizes the internationalism, requires connecting with the International Red Cross Movement, and makes a good legal environment to ensure the Red Cross will be able to perform its duties according to law, enhance the credibility and promote the continued healthy development.

      — Amending the Water Pollution Prevention and Control Law. In June, the Standing Committee of the National People's Congress amended the Water Pollution Prevention and Control Law. This amendment strengthens the responsibilities of local governments, clarifies the river length system, and strengthens joint water pollution control and ecological protection in the river basin; improves water pollution prevention and control measures in key areas, strictly guarantees the safety of drinking water, and strengthens pollution treatment of rural domestic sewage and livestock and poultry breeding; further clarifies the responsibilities of the polluter, increases the intensity of illegal punishment, and plays a active role in preventing and controlling water pollution, protecting water resources, and the protecting water ecological security.

      — Amending the Law on the Promotion of Small and Medium-Sized Enterprises. Small and Medium-Sized Enterprises (hereinafter referred to as SMEs) are an important part of the socialist market economy and have important strategic significance for the national economy and social development. In September, the Standing Committee of the National People's Congress reviewed and approved the Amendment Draft of the Law on the Promotion of SMEs. This amendment increases support from fiscal and taxation, financing promotion, entrepreneurship support, market development, etc., makes clear provisions in regulating administrative licensing and other relevant matters, reduces the burden on enterprises, simplifies tax collection and management procedures, etc., strengthens the protection for property rights and other legal rights and interests of SMEs, and makes efforts to create a great environment for SMEs to participate in market competition.

      — Amending the Anti-Unfair Competition Law. In November, the Standing Committee of the National People's Congress reviewed and passed the Amendment Draft of the Anti-Unfair Competition Law. In response to the emerging new business models and new models, this amendment aims to further define unfair competition behaviors, improve unfair competition behavior regulation rules, improve the legal liability system where civil compensation liability is prioritized and concurrent with administrative punishment, and increase the credit punishment against the perpetrators. Moreover, it makes connection with certain legal provisions in the Anti-Monopoly Law, the Tendering and Bidding Law, and the Trademark Law, and promotes the establishment of a more unified, open and competitively regulated market system from the legal system.

      — Amending the Law on Farmers' Professional Cooperatives. In December, the Standing Committee of the National People's Congress reviewed and adopted a draft amendment to the Law on Farmers' Professional Cooperatives. This amendment clearly protects farmers' professional cooperatives from enjoying equal legal status with other market players, enriches the service types of farmers' specialized cooperatives, clarifies the members can use property such as land management rights to make capital contributions, further strengthens the protection measures for members’ rights and interests, increases the support measures for the use of electricity and land by farmers’ professional cooperatives, and establishes the legal person status of farmers’ professional cooperatives, and all these measures will be beneficial for standardizing the organization and behavior of farmers’ professional cooperatives, and helping the professional cooperatives become an important carrier for the organic integration between small farmers and modern agricultural development.

      In 2017, the Standing Committee of the National People's Congress also formulated the Law on Public Libraries, the Tobacco Leaf Tax Law and the Vessel Tonnage Tax Law, amended the Corporate Income Tax Law, the Surveying and Mapping Law and the Standardization Law, and reviewed the Securities Law, the People’s Court Organization Law, the People’s Procuratorate Organization Law, and the Judges Law, the laws and amendment to the Procurator Law, the Electronic Commerce Law, the Soil Pollution Prevention and Control Law, the Heroes and Martyrs Protection Law, the Basic Medical and Health Promotion Law, the International Criminal Justice Assistance Law, the People's Assessors Law, and the Amendment Draft to the Rural Land Contract Law. In 2017, the Standing Committee of the National People's Congress also reviewed the Draft of the National Supervision Law and decided to submit it for consideration at the first session of the 13th National People's Congress.

       

      B. Providing Legal Protection for Reforms in Related Fields

      — Making Decisions on Reforms and Authorizations according to Law, and Ensuring the Major Reforms are Based on Law. The Standing Committee of the National People's Congress has issued the Decision on Promoting the Pilot Program on the National Supervisory System Reform all over the Country, the Decision on Provisionally Adjusting the Application of the Provisions of Relevant Laws in the Reform of the Chinese People's Armed Police Force, the Decision to Extend the Period of the Pilot Program of the People's Assessor System Reform, the Decision on Extending the Period of Authorizing the State Council to Provisionally Adjust the Implementation of the Provisions of Relevant Laws in the Administrative Regions of 33 Counties (Cities and Districts) under the Pilot Program including Daxing District of Beijing Municipality, the Decision on Extending the Period of Authorizing the State Council to Provisionally Adjust the Implementation of the Provisions of Relevant Laws in the Administrative Regions of 232 Counties (Cities and Districts) under the Pilot Program including Daxing District of Beijing Municipality and 59 Counties (Cities and Districts) under the Pilot Program including Jizhou District of Tianjin Municipality, and the Decision on Extending the Period of Authorizing the State Council to Provisionally Adjust the Implementation of the Provisions of Relevant Laws in the Administrative Regions of 232 Counties (Cities and Districts) under the Pilot Program including Daxing District of Beijing Municipality and 59 Counties (Cities and Districts) under the Pilot Program including Jizhou District of Tianjin Municipality, and all these decisions provide the basis for the reform of the pilot project and ensure that relevant areas of reform are promoted on the track of the rule of law.

      —Making Overall Plans for Amending Laws and Continuing to Promote Reforms in Related Fields. Improving the legal professional access system and the national unified legal professional qualification examination system by issuing the decision on amending the eight laws of the Judges' Law, etc., so that the legal work team has been promoted to be regular, professional, and professional. Canceling relevant administrative examination and approval and occupation qualification confirmation, improving examination and approval procedures, and further promoting the decentralization, integration and optimization of services by issuing the Decision on Amending Eleven Laws including the Accounting Law, the Decision on Amending the Bidding Law and the Metrology Law. Passing the Decision on Amending the Civil Procedure Law and the Administrative Litigation Law to sum up the experience of the reform pilot in a timely manner and formally establish a system that the procuratorial agencies can bring a public interest lawsuit.

      Also, the Standing Committee of the National People's Congress made a decided to ratify the Cooperative Arrangements between the Mainland and the Hong Kong Special Administrative Region on Establishing a Port at the West Kowloon Station of the Guangdong-Shenzhen-Hong Kong High-Speed Railway to Implement “Two Inspections at One Place”, and confirms that the cooperation arrangement complies with the principle of “one country, two systems”, the Constitution and The Hong Kong Basic Law. All these provide legal protection for the integration of Hong Kong with the national high-speed rail network and the integration of Hong Kong into the overall development of the country.

       

      C. Advancing Scientific Legislation, Democratic Legislation, and Legislation According to Law

      The Standing Committee of the National People's Congress focuses on further improving the working mechanism and methods of legislation, strengthening the coordination of legislative work, and continuously improving the quality of legislation. The first is to strengthen the NPC's organization and coordination of legislative work and fully play the leading role of the NPC in legislative work. The second is to improve the system of soliciting opinions for legal draft, invite deputies to participate in the legislative research, demonstration, deliberation, evaluation, etc., earnestly listen to and adopt the views and suggestions of deputies, and better play the role of the deputies in the legislative work. The third is to issue the Working Rules for the Discussion and Consultation over Major Interest Adjustments Involved in Legislation and the Working Rules for the Introduction of Third-Party Assessments of Material Legislative Matters in Significant Controversy to promote the standardization and institutionalization of legislative work. The fourth is to establish a committee of legislative experts to fully play the role of legislative experts and consultants. The fifth is to actively promote the construction of the basic legislative contact points, seek advice from 4 contact points on 16 legal drafts and the draft of the legislative work plan in 2017, so that the legislative work become more reasonable. The sixth is to hold the 23rd National Symposium on Local Legislative Work to strengthen the guidance and promotion of local legislative work and further implement the work of granting regional legislative power to municipalities.

       

      D. The Supervision of the Standing Committee of the National People's Congress

      In 2017, the Standing Committee of the National People's Congress carefully exercised the power of supervision under the Constitution, deemed the proper supervision and effective supervision as the basic follow-up of supervision work, adhered to problem-oriented guidance, intensified supervision, innovated supervision methods, enhanced supervision effectiveness, promote "the government, courts and procuratorates" to exercise the duties according to law, form a concerted effort to strengthen and improve the work, ensure the implementation of the Party’s major decision-making arrangements, and effectively solve the hot and difficult issues that are widely concerned by people’s deputies and the people.

      — Checking the implementation of the law. The Standing Committee of the National People's Congress regards ensuring strict implementation of laws as an important starting point for comprehensively advancing the rule of law, and continues to strengthen and improve law enforcement inspections in accordance with the “whole chain” work-flow, which includes selection, organization, reporting, deliberation, rectification, and feedback. Throughout the year of 2017, the implementation situations of the Law of on the Prevention and Control of Environment Pollution Caused by Solid Wastes, the Pharmaceutical Administration Law, the Product Quality Law, the Copyright Law, the Cy-ber Security Law, the Decision of the Standing Committee of the National People's Congress on Strengthening Information Protection on Networks and the Seed Law have been examined. The meetings of the Standing Committee in June and October were combined with the review of the Product Quality Law and the Law of on the Prevention and Control of Environment Pollution Caused by Solid Wastes, and conduct thematic enquires.

      With regard to the Law of on the Prevention and Control of Environment Pollution Caused by Solid Wastes, the focus was on the prevention and control of the pollution of municipal solid waste, industrial solid waste, livestock and poultry breeding waste, supervision of hazardous wastes, management of imported solid wastes, solid waste treatment and recycling. The enforcement and inspection of the Law of on the Prevention and Control of Environment Pollution Caused by Solid Wastes is not only the focus of the supervision work in 2017, but also the ongoing force of the 12th NPC Standing Committee's supervision work in the field of environmental protection. With regard to the Pharmaceutical Administration Law, the focuses were on inspections of drug management work and major problems, progress in the development of new drug R&D and review and approval system for drug trials, supply of clinically used drugs, emergency drugs and rare diseases, construction of drug regulatory systems, responsibility implementation of the main body of drug production and management, and investigation and handling of drug violations, etc. With regard to the Product Quality Law, the focuses were on the inspection of major problems in product quality work, the establishment of product quality system, supervision and spot checks, risk monitoring, compensation for damages, recall of defective products, supervision and coordination of product quality departments, and product quality responsibility and social governance, etc. With regard to the Copyright Law, the focuses were on the promotion of copyright creation and use, the promotion of literary and artistic creation and the development of cultural industries, cracking down on infringement and piracy, and strengthening the copyright protection and management, the protection of copyright under the Internet environment and the collective management of copyrights. With regard to the Cyber Security Law and the Decision of the Standing Committee of the National People's Congress on Strengthening Information Protection on Networks, the focuses were on strengthening the protection of critical information infrastructure and implementing the system of protection of network security levels, governing the violation of laws and regulations on the Internet, maintaining a good ecology of cyberspace, implementing citizen’s personal information protection system, and investigating and punishing any violations of citizens' personal information and other crimes. This inspection has fully played the role of professional organizations and experts, recruited 21 cyber security experts, entrusted the third party institutions to conduct vulnerability scans and simulated attacks on 120 important information systems, issued professional inspection reports, and improved the professionalism and effectiveness of law enforcement inspections, and accumulated new experiences for enriching, improving and innovating law enforcement inspections. With regard to the Seed Law, the focuses were on the inspection of germplasm resource banks, protected areas, the construction of protected land, the protection of new plant varieties, the transfer of breeding achievements and distribution of rights and interests, the examination and approval of seed production and operation permits, the seed quality management and the seed industry safety review, and mandatory varieties withdrew system and supervision, etc.

      In the process of checking the implementation of these six laws mentioned earlier, the members of the Standing Committee made comments and suggestions on modifying the legal system and improving the related work. The State Council and its relevant departments have attached great importance to these opinions and suggestions, and proposed and adopted a series of measures for improvement and implementation.

      — Hearing and considering special work reports. In 2017, the Standing Committee of the National People's Congress heard and reviewed 17 working reports of the State Council, the Supreme People's Court, and the Supreme People's Procuratorate, and these working reports involved in economy, politics, culture, society, ecological environments, etc.

      Strengthening the supervision on economic work. Hearing and reviewing the report of the State Council on the implementation of the national economic and social development plan since 2017, strengthening the supervision on the overall situation of economic operations, promoting the smooth realization of all objectives and tasks for the year, and ensuring the sustained and healthy economic and social development. Hearing and reviewing the report of the State Council on advancing the supply-side structural reforms and accelerating the transformation and upgrading of manufacturing industries, promoting the implementation of new development concepts, accelerating the overall quality and competitiveness of China's manufacturing industry, striving to build a manufacturing powerhouse, and achieving the transformation from made in China to created by China, from China's speed to China's quality, and from production of China to brand of China.

      Promoting to resolute the shortboard problems with major influence. Hearing the report of the State Council on the completion of environmental conditions and environmental protection targets in 2016, researching and dealing with the report on the enforcement and investigation of the environmental protection law, the report on review opinions, and the report on grassland ecological and environmental protection work, promoting the implementation of the most stringent environmental protection legal system. Hearing the report on the work of overcoming the poverty and carrying out special queries to accurate poverty alleviation, supporting the fight against poverty, and ensuring poverty-stricken people and poor areas enter a moderately prosperous society together with the entire nation. Hearing the report of deliberating the work of cultural heritage, improving the protection and utilization of cultural heritage and the development of inheritance, and promoting the excellence of traditional Chinese culture.

      Ensuring that reforms are carried out in an orderly and lawful manner. Paying close attention to the progress of relevant reforms, hearing to reports on the reform of the stock issuance system, the plea of guilty and penalties in criminal cases, and the intellectual property court, etc., and ensuring all reforms are actively and steadily promoted in an orderly manner on the track of the rule of law. Hearing to the reports of the Supreme People's Court and the Supreme People's Procuratorate on comprehensively deepening the reform of the judiciary respectively, fully affirming the major phased achievements of the judicial reform, promoting the courts and procuratorates to thoroughly implement the latest deployment of the 19th National Congress of the Communist Party of China, further deepening the reform on supporting measures of judicial system, fully implementing the judicial responsibility system, and focusing on solving the deep-seated problems that affect judicial justice and the ability to control the judiciary.

      — Enhancing the effectiveness of financial budget review and supervision. Hearing and reviewing the report of the State Council on the implementation of the budget since 2017, the audit report on the implementation of the 2016 central budget and other working reports of fiscal revenues and expenditures, and the report on the central government accounts in 2016, reviewing and approving the central accounts of 2016, promoting the reform of the fiscal and taxation system, and strengthening the management budget. Hearing and reviewing reports on the central budget implementation and the rectification of problems found in the financial revenues and expenditures audits, strengthening the effectiveness of supervision, urging relevant parties to implement rectification tasks, clarifying the responsibility of rectification, strengthening rectification, and enhancing transparency of rectification. Hearing and reviewing the report on the allocation and use of state financial education funds, and further strengthening the management and supervision of special funds in key areas.

      In addition to hearing the special reports, and reviewing and approving the final accounts, the Standing Committee of the NPC also actively exploring the ways to improve budget review and supervision, and establishing a sound budget review and supervision system. Formulated the Opinions on Establishing a System of Reporting the Situation of Managing the State-owned Assets by the State Council to the Standing Committee of the NPC, clearly stipulating the State Council shall report to the Standing Committee of the NPC on the state-owned assets management each year, and put forward specific requirements on the report frameworks, report priorities, deliberation procedures, deliberation priorities, and organizational guarantees, etc. Issued the Guiding Opinions on Advancing the Network Supervision Work on the Budget of Local People's Congresses to actively promote the network supervision on the budget, plan to form a budget supervision network with horizontal connection and longitudinal transfixion vertically-connected in three years, and gradually realize the supervision of the whole process of budget execution.

      —Strengthening the work of filling and reviewing the normative documents. In 2017, the Standing Committee of the National People's Congress carried out filing and reviewing normative documents as an important task in fulfilling its duty of legal supervision. According to the requirements of "all normative documents shall be filed, all filed documents shall be reviewed, and all mistakes shall be corrected", hear the report on filing and reviewing normative documents for the first time, ensure the implementation of the Constitution, and maintain the unity of laws in China.

      The first is to actively review administrative regulations and judicial interpretations. In 2017, the work bodies of the Standing Committee of the National People's Congress reviewed 14 administrative regulations submitted by the State Council and 17 judicial interpretations submitted by the Supreme People's Court and the Supreme People's Procuratorate, and put forward clear examination opinions.

      The second is to focus on the special review of local regulations. In 2017, more than 150 local regulations were proactively reviewed. Carrying out an active review on all new local regulations one by one, focusing on controlling the situation of legislation in the city with the districts and new local legislative power, and providing guidance for the city with districts to better carry out legislative work and improve the quality of legislation. In response to the outstanding problems and profound lessons in the Qilianshan Nature Reserve in Gansu Province, special review and research were conducted on 49 local regulations concerning nature reserves. In addition, promoting the standing committees of the NPC at the provinces (autonomous regions, municipalities) to comprehensively review and research the local laws and regulations on nature reserves, environmental protection and ecological civilization construction have been fully self-examined and cleared, amending and abolishing 35 local laws and regulations, and planning to amend and abolish more than 600 local laws and regulations.

      The third is to seriously consider and deal with the review proposals put forward by citizens and organizations. In 2017, receiving and handling 939 review proposals submitted by citizens and organizations, and all these proposals belong to review scope of the NPC Standing Committee. Writing feedback for the review proposals submitted by to 66 citizens and organizations, and organizing personal feedback for 4 citizens and 1 organization. In 2017, for the first time, reviewing and correcting many issues such as adding the provision of the “detention of non-motor vehicles and consignment back to their origins”, the “conditional arrest” system stipulated by the judicial interpretations, the rule of governmental Investment and government-funded construction projects, which used the audit results as a basis for project completion settlement, in local laws and regulations, the rule concerning population and family planning in local laws and regulations, and the typical cases concerning article 24 of the judicial interpretation of the Marriage Law (2), etc., disclosing the result to the public and were disclosed to the public, and receiving good social repercussions.

      The fourth is to strengthen the filing and examination system and the capacity of construction. Utilizing the NPC's information platform of filing and reviewing to achieve full electronic coverage of administrative regulations, judicial interpretations, and local regulations. Actively promoting the establishment and improvement of the information Platform of filing and reviewing at the provincial level, and accelerating the establishment of a unified national filing and reviewing information platform. Improving the connection and linkage of the mechanism of filing and reviewing, and transferring 37 normative document review proposals to relevant agencies.

       

      II. Administration by Law

      In 2017, the Chinese government insisted on the full implementation of government functions by the law, focused on strengthening and innovating social governance, and achieved new results in administrative work according to law.

       

      A. Legislative Work of the State Council

      In 2017, the State Council convened 12 executive meetings to discuss the adoption of 12 laws and administrative regulations, examined and approved 15 laws and regulations and administrative regulations, submitted 13 laws for amending by 5 times, formulated 8 administrative regulations, and amended 53 the administrative laws and regulations, and abolished 3 administrative regulations. The State Council has submitted 14 treaties approved by the NPC Standing Committee and approved by the State Council.

      — Formulating the Measures for the Investigation and Punishment of Unpermitted and Unlicensed Business Operations. In June, the State Council passed the Measures for the Investigation and Punishment of Unpermitted and Unlicensed Business Operations (hereinafter referred to as the Measures), and the Measures came into force on October 1, 2017.Compared to the Measures for Investigating, Punishing and Banning Unlicensed Business Operations, the Measures relaxes the scope of investigations on the business without certifications and licenses, and stipulates that two types of business activities shall not be classified as uncertified and unlicensed; reduces the scale of punishment for uncertified and unlicensed business operations; and changes the law enforcement measures, focuses on humanity and flexible law enforcement.

      — Formulating the Regulation on the Supervision and Administration of Financing Guarantee Companies. The financing guarantee industry plays an important role in the development of inclusive finance and the promotion of financial financing, especially in solving problems concerning the financing of small and micro enterprises and enterprises concerning “agriculture, rural areas and farmers” are difficult obtain financing. In June, the State Council passed the Regulation on the Supervision and Administration of Financing, and this regulation come into force on October 1, 2017.The regulation stipulates that the state promotes the establishment of a government-funded guarantee system, the development of government-backed financing guarantee companies, the establishment of government, banking financial institutions, and the cooperation mechanisms of financing guarantee company, and provides certain scope for small and micro enterprises and enterprises concerning “agriculture, rural areas and farmers” and maintains a low rate; At the same time, the regulation clarifies the operating rules and supervision system of the financing guarantee company.

      — Formulating the Regulation on the Implementation of the Environmental Protection Tax Law of the People's Republic of China. In December, the State Council promulgated the Regulation on the Implementation of the Environmental Protection Tax Law of the People's Republic of China, and this regulation come into force on January 1, 2018.In order to ensure the implementation of the Environmental Protection Tax Law, this regulation focuses on the taxation object, taxation basis, taxation reduction and exemption, and tax collection and management regulations for better adapting the actual needs of raising environmental tax.

      — Amending the Regulation on the Supervision and Administration of Medical Devices.The purpose of amendment is to encourage the research and innovation of medical devices, promote the promotion and application of new medical device technologies, and strengthen the supervision of medical devices. In May, the State Council amended the Regulation on the Supervision and Administration of Medical Devices.The revised regulation further clarifies the responsibilities of the supervisory departments, especially increases the contents of supervision on large-scale medical equipment to prevent over-examination and over-treatment of large medical equipment.

      — Amending the Regulation on Religious Affairs. In June, the State Council amended the Regulation on Religious Affairs. The revised content fully reflects the spirit of the National Conference on Religious Work, in particular the important speech of General Secretary Xi Jinping, integrates and absorbs the experience of China’s legal work of religion in the past 13 years, implements the constitutional requirements that the freedom to religious belief and state respects and protects of human rights, adopts various measures to curb the tendency of religious commercialization, and further regulates the financial management of religious circles.

      — Amending the Detailed Rules for the Implementation of the Counterespionage Law of the People's Republic of China. In November, the State Council issued the Detailed Rules for the Implementation of the Counterespionage Law of the People's Republic of China, and this rule came into force on the date of issuance. This rules specifies the concepts of "overseas institutions and organizations", "espionage agency agents", "hostile organizations", "funding", "collusion", and "other acts that endanger the security of the country other than espionage in the Anti-Espionage Law", etc., clarifies the duties and powers of national security agencies in anti-espionage work, and the obligations and rights of citizens and organizations in safeguarding national security.

      — Amending the Ordinance concerning the Procedures for the Formulation of Administrative Regulations and the Regulations on Procedures for the Formulation of Rules. In December, the State Council successively amended the Ordinance concerning the Procedures for the Formulation of Administrative Regulations and the Regulations on Procedures for the Formulation of Rules to standardize administrative legislation. The revised regulations strictly enforce the necessity and procedures for the formulation of administrative regulations and rules, increase the way for the public to participate in administrative legislation, and clearly require implementing the clean-up work on administrative regulations.

      In 2017, the State Council also formulated the Regulations on Disability Prevention and Recovery of the Disabled, the Regulation on Voluntary Services, the Regulation on the Implementation of the Statistics Law, and the Regulation on the Administration of Construction of Halls and Guesthouses by State Organs and Organizations, and amend the Interim Regulation on Value Added Tax, the Regulation on the Education of the Disabled, the Regulations on Land Requisition Compensation and Resettlement of Migrants for Large and Medium Water Conservation and Power Construction Projects, the Regulation on Pesticide Administration, the Regulations on the Administration of Construction Project Environmental Protection, the Regulation on the Civilian Staff of the Chinese People's Liberation Army, etc.

       

      B. Administrative Work according to Law

      — The construction of the government under the rule of law. The first is to give full play to the important role of the inspector. The Legal Affairs Office of the State Council studies and formulates the work plan for the construction of the government under the rule of law, combines written inspections with on-site inspections, and comprehensive inspections with key inspections, carries out written inspections on the construction of government under the rule of law in 82 local governments and departments, and conducts on-site inspections in five provinces (autonomous regions), and further promotes the implementation of various tasks for the construction of government under the rule of law. The second is to promote the "three systems" pilot program for administrative enforcement. The administrative law enforcement publicity, the entire process of law enforcement, and the legal review on major law enforcement decision are the most important and critical links in administrative law enforcement, and these three links play integral, fundamental, and driving roles in promoting strict, standardized, fair and civilized law enforcement. The leading group of the Legislative Affairs Office of the State Council has carried out trials of “three systems” in 32 localities and departments including Tianjin, Hebei, Anhui, the Ministry of Land and Resources, etc., and achieved significant results: Initially establishing a unified law enforcement information platform, achieving the timely disclosure of law enforcement results, the basis for law enforcement and the law enforcement process, and forming a standardized work rules for reviewing law enforcement decision-making and working mechanisms; Promoting to use audio and video recorders to record on-site inspections, investigations and evidence collections, and delivery of services, so that the entire law enforcement process can be traced and backtracked and brutal enforcement will be effectively contained. The third is to promote government information disclosure work in key areas. The General Office of the State Council successively issued the Opinions of on Advancing Public Disclosure of Government Information in the Public Resource Allocation Field and the Opinions on Advancing Public Disclosure of Government Information in the Field of Approval and Implementation of Major Construction Projects respectively to regulate the main tasks and safeguard measures of information disclosure work in public resource allocation field, such as the transfer of rights to using state-owned land, the right to mining, the government procurement, the transaction concerning state-owned property, the tendering and bidding of project construction. Requiring to publicly approve eight types of information, including service information, approval result information, etc., in the process of approval and implementation of major construction projects. The fourth is to promote the provincial governments to publish an annual report on the construction of a government under the rule of law. Pushing forward the local governments to publish an annual report on the establishment of a government under the rule of law timely, republish the annual reports of provincial governments published on the Chinese government's legal information website, demonstrate the effectiveness of the construction of a government under the rule of law and speed up and increase the efficiency through public supervision and social supervision.

      — The Work of Cleaning up, Filing and Reviewing work on rules, regulations and regulatory documents. First, in order to implement the decision-making spirit of the Central Office and the State Council to deal with the destruction of the ecological environment in Qilianshan National Nature Reserve in Gansu Province, various localities and departments have been organized to carry out the construction of ecological civilization and cleaning up local regulations, rules and regulatory documents of environmental protection. As of the end of 2017, local governments and departments have amended or abolished more than 260 regulations and more than 9,100 normative documents, effectively prevented problems such as making unqualified legislation, lowering standards, and loosing the regulation. Second, in order to ensure the effective implementation of "Decentralization-Control-Service" Reform, various local governments and departments carried out the special clean-up on the regulations and normative documents concerning the “Decentralization-Control-Service" Reform and the development of new kinetic energy. By the end of 2017, the special clean-up of more than 750 effective administrative regulations had been completed, and more than 1900 regulations and 79,000 normative documents were abolished, and this effectively eliminated the barriers to the implementation of the "Decentralization-Control-Service" reform measures. Third, in order to implement the requirements of "all normative documents shall be filed, all filed documents shall be reviewed, and all mistakes shall be corrected", implementing a special review on the departmental regulations concerning the "Decentralization-Control-Service" reform, and urging related departments to revise and abolish 25 normative documents; implementing a special review on local government regulations concerning treating “the audit results as a basis for completion of government investment construction projects”, and urging local governments to revise and abolish 15 of them; implementing a centralized review on 1,693 rules and regulations formulated in 2016, entrusting experts to review 740 rules and regulations formulated in the first half of 2017, and dealing with and classifying identified problems in a timely manner.

      — The Work on Administrative reconsideration. The year of 2017 is the “cleanup year” for the accumulated administrative reconsideration decisions of the State Council, 5,638 cases of administrative reconsideration decisions have been handled in 2017, and all the backlog cases for many years have been completed. With regard to the areas where common problems and the violation of the law were prominent, the State Council further increased the strength of reporting, interviewing, and correcting in the process of handling the cases. The State Council strengthened the guidance and supervision on administrative reconsideration and administrative responding work in all regions and departments, and guided and promoted the reform of the administrative reconsideration system centered on the “concentrated administrative reconsideration responsibilities”. In order to further enhance the level of informatization of administrative reconsideration work, and explore and establish a national unified administrative information platform for administrative reconsideration, a pilot work conference for an administrative reconsideration informationization working platform was held in August. In response to the requests of the Ministry of Transport, the Ministry of Environmental Protection, etc., the State Council explained the general issues in administrative reconsideration such as whether the government franchise agreement belongs to the range of administrative reconsideration.

      — The work on legal review before issuing important reform policies. In 2017, the Legal Affairs Office of the State Council reviewed the legality of more than 2,000 major reform decisions, put forward corresponding opinions and suggestions based on the review, and ensured all reforms were always on the track of the rule of law.

       

      III. Trial, Prosecution, Public Security and Judicial Administration

      A. The Work on Trial

      In 2017, the Supreme People's Court accepted 28,499 cases and concluded 25,808 cases. The local people's courts at various levels accepted 25,757,393 cases in total, concluded and closed 22,754,188 cases, and the amount of the subject matter of the case was 6.11 trillion yuan.

      — The work on Criminal trial. In 2017, the courts at all levels concluded a total of 1,296,650 criminal cases for first instance and sentenced 1,268,985 criminals. Severely punishing crimes of endangering state security, violence and terror, etc., according to law, and resolutely safeguarding national political security, especially political security and system security. Severely punishing severe criminal offenses such as murder and robbery, endangering the safety of food and drugs, environmental pollution crimes, and new crimes such as illegal fund-raising and telecommunications network fraud to maintain social stability. Severely punishing corruption crimes according to law, improve the trial work of major duty crimes, and hear a number of major job crimes such as Su Rong case. 37,519 cases of corruption and bribery for first instance were concluded. Rehearing the case of Wang Lijun and change the original sentence to acquittal, prevent the misuse of the crime of illegal business expansion, and promoting the circulation of agricultural products. Establishing the national information platform for commutation and parole, comprehensively promote the construction of standardization and informationization on commutation and parole, and promote the judicial publicity of commutation and parole cases.

      — The work on civil and commercial trial. In 2017, all levels of courts have concluded 1,651,363 cases of various types of civil and commercial cases for the first time, and this number increased 12.71% year-on-year. Among them, there were 1,830,023 cases of marriage, family, support and inheritance, 519,621 cases of personal injury, labor disputes, education, medical care, and housing, 2,014,254 private loan cases, 767.01 million cases of transferring land contractual management rights, homestead disputes, etc. Courts at all levels have reviewed 3,850,714 commercial cases of the first instance, and this number decreased 4.36% year-on-year. Among them, there were 934,885 cases related to sale contract disputes.

      — The work on administrative trials and state compensation. In 2017, courts at all levels have concluded 229,112 administrative cases of the first instance, and this number increased 17.83% year-on-year. The construction of cross-administrative district courts and the implementation of administrative jurisdiction and jurisdiction over administrative cases have been strengthened.13,232 cases of state compensation were concluded.

      — The work on enforcement. In 2017, courts at all levels accepted 7,726,315 cases of enforcement, and 6,483,544 cases of them have been enforced and concluded, and these numbers increased 20.69% and 23.64% year-on-year respectively. A national unified case management platform for courts at four levels has been established, and online monitoring on the whole process of enforcement activities has been realized. Issuing the opinions on implementation of the financial products network inspection and control with relevant departments jointly, and covering major forms of property including deposits, houses, vehicles, securities, etc. By the end of 2017, the courts at all levels cumulatively issued dishonest executors name lists of 9.59 million person-times and restraining order for high-consumption orders 780 thousand person-times, and a total of 226,200 persons were restricted serving as corporate legal representative or senior executive.

      — The work on filing cases, petition by writing letter or visiting, and adjudication supervision. In 2017, the courts at all levels concluded a total of 199,703 complaints and applications for retrial; and 38,100 cases were re-examined according to law. Strengthen the work of adjudication supervision, and in the retrial cases concluded in 2017, the original judgments of 12,096 cases had been corrected due to mistakes or other statutory reasons. Courts at all levels have promoted the construction of a comprehensive litigation service platform, 98% courts have established litigation service halls with a relatively high level of informatization, more than 2,711 courts have opened the litigation service website, 1,137 courts have opened litigation services APP, 2,405 courts have opened Litigation Service Hotline 12368, many local courts have established intelligent service platforms such as electronic courts, micro courts and online courts to implement the functions including online filing, online payment, online cross-examination, online mediation, online court trials, online marking, online delivery, etc. Convenient and efficient litigation services have been provided to the public.

       

      B. The Procuratorial Work 

      — Performing duties such as arrest and prosecution by the law. In 2017, the national procuratorial organs approved to arrest 1,069,700 criminal suspects, and prosecuted 1,664,800 people. Resolutely safeguarding national security, further conducting counter-separation and anti-infiltration campaigns against spying and anti-cults, and cracking down on violence and terrorism. Effectively protecting citizen's personal rights, property rights and personality rights, and prosecuting a total of 63,438 persons who criminals in serious violent crime such as intentional homicide, kidnapping, and arson. Among them, prosecuting 1,389 criminals for organized crimes, investigating 40 government officials who act as the umbrella for organized crimes, and prosecuting 417,300 criminals who commit money-related crimes such as plunder, snatch and steal and 351 criminals who commit the crimes cornering insult, slander and false accusation. Focusing on punishing fraud crimes in telecommunication networks, and prosecuting 32,144 people for fraud crimes in telecommunication networks. Punishing medically-related crimes, and prosecuting 4,508 criminals who intentionally harmed medical personnel, gathered in hospitals, etc. Promoting the construction of a safe campus, and jointly publishing guidance on the treatment of bully and violence that seriously endanger students' physical and mental health, and prosecuting 5,926 criminals committed violent crimes against school students, and punish the fraud, extortion and other crimes involved in “campus loans” according to law. Protecting the safety of food, promoting the connection between administrative law enforcement and criminal justice in the food and drug field, keeping a close eye on problems such as milk powder milk, cooking oil and pork, carrying out special case supervision, and prosecuting 11,716 criminals for making and selling counterfeit medicines and toxic and hazardous foods. Strengthening to protect the rights and interests of special groups and people with disabilities such as women, children, the elderly and the handicapped, handling cases of child abuse in kindergarten, prosecuting 19,767 criminals for committing crimes of rape, trafficking, forced prostitution, etc., punishing domestic violence crimes in accordance with the law, and handling elder abuse cases. Further advancing the comprehensive management of public security during the procuratorial process, highlighting and punishing the crimes of “village tyrants” and clan crimes, online rumors, selling weapons through the Internet, internet pornography, gambling and drug, and infringement of citizens’ personal information. In order to punish unpaid wages, 2,329 criminals were prosecuted for refusing to pay labor compensation, and 5,391 migrant workers are supported to bring the actions.

      —Servicing and guaranteeing the economy and promoting the development. Actively integrating into the implementation of major national strategies to optimize the business environment.Prosecutorial organs in Beijing, Tianjin and Hebei have established a coordination mechanism to serve the coordinated development of Beijing, Tianjin and Hebei and the construction of Xiong'an New District. Preventing and resolving economic and financial risks, prosecuting 35,301 criminals committed the crimes of undermining financial management order and financial fraud, and 24,330 criminals committed crimes of illegal economic absorption of public deposits, fund-raising fraud, pyramid schemes, etc. Strengthening the equal protection of enterprises and judicial protection of property rights, attaching importance to perfecting judicial policies for the equal protection of public ownership and non-public ownership economy, publishing policy documents to strengthen the judicial protection of property rights and the legal rights and interests of entrepreneurs according to law, establishing the special case groups for the Zhang Wenzhong case and Gu Chujun case, conducting a simultaneous review with the Supreme People's Court, and submitting procuratorial opinions according to law.Punishing the crime of endangering production safety, prosecuting 3,046 criminals who committed the crimes of major responsibility accidents and accidental dangerous goods, and investigating and handling 814 people committed duty crimes such as dereliction of duty and dereliction of duty behind the accident.

      — Investigating and preventing duty crimes according to law.46,113 persons were investigated for duty crimes, 2,541 of them were government officials at the county level, 432 of them were government officials at bureau level, and 22 of them were government officials at the provincial level. Persisting in investigating bribe-taking and bribe-offering together, investigating and handling 9,424 governmental officials who committed bribery crimes, 8,182 persons who committed crimes of bribe-offering, and 10,176 persons who committed malfeasance crimes. Resolutely punishing “small officials with serious corruption” and “micro-corruption”, carrying out special investigations to prevent duty crimes that occur around the masses and damage the interests of the people, and investigating and punishing 10,375 criminals in the field of agricultural fund management, land requisition and demolition, social security, and poverty alleviation. The procuratorates at four levels generally carry out annual reports, special reports, warning education, etc., to punish and prevent job-related crimes, continue to carry out special prevention in the field of project construction, provide archives for the investigation of bribery-related crimes, and promote the establishment of a social credit system. Resolutely and fully supporting the reform by implementing the decision-making and deployment of the CPC Central Committee on the reform of the national monitoring system.

      — Strengthening legal supervision over judicial activities. Strengthening supervision over litigation activities, urging investigative authorities to file 18,587 cases and append to arrest 22,238 criminals and prosecute 32,992 criminals, supervising and correcting illegal investigation and illegal coercive measure, such as extorting confession by torture 47,871 times; Raising protests to 3,289 civil and administrative judgments and reconciliation agreements that had indeed been erroneous, and issuing 3,145 retrial suggestions, 14,854 procuratorial suggestions for violations in the civil administrative trial procedure, and 23,353 procuratorial suggestions for civil execution activities. In the areas of private lending, corporate bankruptcy, housing sales, and well-known trademark confirmation, launching the special supervisions on the issues concerning “false lawsuits” for unjustified interests and focusing on supervising “scale frauds” and intermediary service agencies’ "intermediary frauds", and 1,000 protest and retrial opinions had been issued to the People's Court, and 322 persons who committed crimes had been prosecuted. Resolutely correcting illegal commutation of sentences, release of paroles and temporary execution outside supervision, and 28,288 cases, where the commutation of sentences and release of paroles did not meet statutory conditions or procedures, or judgments and decisions were improper, had been supervised and corrected. Supervising and correcting the outstanding problems that the actual offenders sentenced had not been imposed penalty sentences. In 2016, detecting and tracking 11,379 people by the special action cooperated with the Ministry of Public Security and the Ministry of Justice. By the end of 2017, 9,222 of them were supervised and rectified, and 7,162 of them have been committed to prison. Resolutely punishing judicial corruption and paying attention to finding out duty crimes behind the law enforcement is not strict and the justice is not fair, and 1,816 judicial functionaries, who abused power, took bribes and committed malfeasance, had been filed and investigated.

      C. The Work of Judicial Interpretation and Guiding Case

      In 2017, the Supreme People's Court and the Supreme People's Procuratorate jointly issued 7 judicial interpretations, the Supreme People's Court independently issued 16 judicial interpretations, including 7 criminal judicial interpretations, 7 civil judicial interpretations, 3 administrative judicial interpretations and other judicial interpretations, and 15 guiding cases; and the Supreme People's Procuratorate independently issued 1 judicial interpretation. These judicial interpretations and guiding cases have played an active role in the correct implementation of the law.

      — Providing guidance on correctly handling major and complex issues in criminal justice work. In order to punish the crimes of infringing citizens' personal information according to law and protect citizens' personal information security and legal rights and interests, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation on Several Issues concerning the Application of Law in the Handling of Criminal Cases of Infringing on Citizens' Personal Information in May.In July, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Judicial Interpretation on Several Issues concerning the Application of Law in Organizing, Enforcing, Tempting, Retaining, and Introducing Prostitution Criminal Cases to punish the relevant crimes by the law. In order to punish the crimes of falsifying application materials for registration of drugs and medical devices and safeguard the legal rights and interests of the public according to law, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Judicial Interpretation on the Several Issues regarding the Application of Law in the Handling of Criminal Cases of False Application Materials for the Registration of Drugs and Medical Devices in August.

      — Providing guidance on the proper handling of new situations and new issues in the economic and social development and livelihood areas. In February, the Supreme People's Court promulgated the Provisions on Issues concerning Property Investigation during Enforcement in Civil Procedures to regulate the investigation of civil execution property and safeguard the legal rights and interests of the interested parties. In June, the Supreme People's Court promulgated the Judicial Interpretation on Several Issues Concerning the Application of Law in the Trial of Mining Rights Disputes to guide the courts at all levels to correctly handle mineral rights dispute cases and protect the legitimate rights and interests of the parties according to law. In August, the Supreme People's Court promulgated the Provisions on Several Issues concerning the Application of the Company Law of the People's Republic of China (IV), and this interpretation stipulates the legal application in the disputes on the effectiveness of corporate decisions, shareholders' right to information, profit distribution rights, etc., promotes the legalization of corporate governance, protects the rights of shareholders, and improves the investment environment. In December, the Supreme People's Court promulgated the Judicial Interpretation on the Several Issues concerning the Application of Law in the Trial of Cases of Medical Damage Liability to promote the establishment of a harmonious doctor-patient relationship;promulgated the Provisions on Several Issues concerning the Trial of Disputes over Compensation for Marine Natural Resources and Ecological Environment Damages to guide courts to properly handle related cases.

      — Guiding new situations and new issues in the proper handling of administrative litigation and state compensation. In January, the Supreme People's Court promulgated the Provisions on Several Issues concerning the Trial of Administrative Cases involving Trademark Authorization and Confirmation to guide the courts at all levels to correctly handle administrative cases concerning the authorization of trademarks. In April, the Supreme People's Court promulgated the Provisions on Several Issues concerning the State Compensation Supervision Procedures to effectively guarantee the right to claims of the claimant and the organ under compensatory obligations, and standardize the procedures for compensation and supervision in accordance with the law. In October, the Supreme People's Court promulgated the Provisions on the Cases Acceptance Procedures for Administrative Retrial Petitions to standardize the work of people's courts on filing administrative retrial cases and protect the rights of interested parties to apply for retrial.

      D. The Work of Public Security

      ─ Maintaining social stability. Deepening the special campaign to crack down on terror and violence, and knocking out more than 99% of violent and violent extremist groups before their operations, and achieve “zero occurrence” of major terrorist incidents. Carrying out special operations such as cracking down on organized crimes, smashing guns, anti-drug severely cracking down, telecommunication network fraud, and cyber crimes of infringing on personal information of citizens, deepening to crack down on stakeholder-type economic crimes and rectify Internet financial risks, explore the construction of smart public security, strengthen the construction of three-dimensional and information-based social public security prevention and control system, and ensure the stability of social security. The number of criminal cases across the country and eight types of serious violent crimes respectively drop by 14.7% and 15.8% year-on-year, and the people’s satisfaction with social security reaches 95.55%. Further promoting the "Fox Hunting Operation", capturing 1,039 overseas fugitives from 85 countries and regions, and recovering stolen money or goods more than 1.48 billion yuan. Deepening to carry out the inspection and prevention of public safety hazards, strictly implementing safety supervision measures. The main indicators of road traffic accidents and fire accidents continued to decline, the number of road accidents with 10 or more deaths drops by 18% year-on-year, and the number of serious accidents drop to the single digit for the first time; The number of fire accidents, deaths, injuries and property losses decrease by 16.2%, 16.8%, 22.5% and 20.3% respectively year-on-year.

      ─ Promoting the work of public security reform. Further deepening the reform of the household registration system, realizing the overall coverage of the residence permit system, accumulatively issuing more than 12.56 million resident ID cards for people in different places, and registering more than 14 million unregistered personnel.The reform of the car inspection and driving test has been fully implemented, and a total of 500 million people nationwide receive the reform dividend. Carrying out the reform to facilitate the permanent residence certificate of foreigners, formally implementing the permanent residence permits system for foreigners, promote to achieve the automatic reading of document information, network verification, and other 28 measures such as simplifying the optimization of public service procedures for the people to start businesses. Deeply promoting the reform of the law enforcement power operation mechanism, taking the initiative to adapt the trial-centered litigation system reform, fully implementing the reform on accepting and filing cases and the work mechanism of unified review and prosecution standard of criminal cases, improving the exclusionary system of illegal evidence, strengthening and standardizing the witness protection work, improving the relevant mechanism of protecting lawyers, and establish the legal aid workstations at detention centers. Further deepening the openness of law enforcement, promoting administrative penalties and the open of effective legal documents of administrative reconsideration, integrating the network open platforms, and consciously accepting social supervision. Organizing and carrying out pilot reforms of technical titles for law enforcement and service police officers, vigorously promoting the reform of the people’s police protection reform, the reform of recruitment and training mechanism and the reform on policing auxiliary personnel management system.

      ─ Deepening the standardization of law enforcement. Implementing the Opinions on Redoubling Efforts to Regulate Law Enforcement by Public Security Authorities issued by the General Office of the Central Committee of the CPC and the General Office of the State Council, and the quality of law enforcement and the credibility of law enforcement continue to increase. Exploring new "one-stop" law enforcement mechanism, includes synthetic warfare, intelligent management, and full-process supervision, and establishing the management information platform for the case-related properties shared by the public security organs, procuratorates and courts. In addition, more than 3,800 case handling centers and 15,000 property management sites have been established. Improving the law enforcement standards, rules and guides to cover various law enforcement posts and links. Deepening the construction of law enforcement informatization, making online handling of cases, and realizing the goals of recording law enforcement information online, reviewing cases online, warning the issues of law enforcement online, generating law enforcement documents online, and evaluation of law enforcement quality online. Establishing and improving the system of the entire process of law enforcement, and police officers on-the-spot of law enforcement is generally equipped with a law enforcement recorder to fully implement the requirements for simultaneous audio and video recording of interrogation suspects. Also, realizing the full-range video surveillance of handling cases, and preliminarily realizing full synchronization of law enforcement, real-time supervision and retrospective management. The safety situation of sites supervised and managed by the public security organs continues to be good, and the accident rate in detention centers falls to within one in 100,000. Further deepening the law enforcement qualification examination, 2,285,400 police officers have achieved basic level law enforcement qualifications, 1,359,900 police officers have obtained intermediate level law enforcement qualifications, and 40,800 police officers have obtained advanced law enforcement qualifications.

       

      E. The Work of Judicial Administrative

      — Prison work. As of the end of 2017, there are 680 prisons nationwide, and 1.7 million people were detained. Conscientiously implementing the safety concept of managing the roots of prisons, strengthening the internal management, and implementing a safe and stable work system. There are no major prison cases, major safety accidents, major epidemic and major negative public opinion in all prisons. Promoting classified education and individual education, and the effectiveness of education and reformation has increased significantly. Issuing the Opinions of the Ministry of Justice on Deepening the Standardization of Prison Law Enforcement and the Notice on Further Strictly Regulating the Work of Committing Corruption and Bribery Offenders' Parole and Parole, further strictly regulating the commutation and parole for crimes of corruption and bribery, and raising the standard of law enforcement in prisons. Vigorously promoting the construction of law enforcement information, and 545 prisons, courts and procuratorates across the country have established a coordinated case handling platform.

      — The work of Judicial and administrative detoxification. As of the end of 2017, there were 360 judicial and administrative detoxification centers across the country with 247,000 drug addicts under control to give up their habits. Effectively strengthening the educational corrections, drug treatment and rehabilitation training for drug addicts. There are 369 medical institutions and more than 300 physical rehabilitation training fields in the national judicial administrative drug rehabilitation centers. The fitness test rate for drug addicts reaches 92%, and the pass rate for mental health education reaches 98%.Issuing the Opinions of the Ministry of Justice on Further Strengthening the Standardized Construction of Judicial and Administrative Work of Drug Rehabilitation, and developing the work of drug rehabilitation to the direction of standardization and refinement. Strengthening the work of safety management, safety and health, and sanitation of drug addiction sites, and there was no drug inflow, safety production accident, and major outbreak occurred in 2017.The National Drug Administrations of 29 provinces (autonomous regions and municipalities) and the Xinjiang Production and Construction Corps Drug Addicts Bureau achieve the goal of “six withouts” and realize the best level of safety and stability in the same period of the calendar year.

      — The work of community correction and resettlement assistance and education. As of the end of 2017, the number of newly-accepted offender served for community reaches 524 thousand throughout the country, the number of releasing correction reaches 521 thousand, and the number of accepting community correction is 700 thousand in total. Deploying more than 3,300 prison polices or drug rehabilitation police from 27 provinces across the country to participate in community corrections. The judicial administrative agencies across the country have recruited 84,000 social workers engaged in community corrections, recruited 663,000 volunteers, established 681,000 community correction teams, and established 25,840 community service centers, 9,531 educational bases and 8,406 employment bases with related enterprises, institutions, and social organizations. More than 644 thousand prisoners have been released from the resettlement organizations throughout the country. A total of more than 622,000 released prisoners have been resettled, and the resettlement rate reaches 95%; Help and educate more than 628,000 people, and the teaching rate reaches 96%.Implementing social aids more than 49 thousand times throughout the country. A total of 291 transitional resettlement bases based on local government investment have been built nationwide. Relying on various types of enterprises, more than 12,000 resettlement bases have been established, and more than 38,000 people have been resettled.

      — The work of Lawyer, notarization and legal aid. As of the end of 2017, there are more than 365,000 licensed lawyers nationwide, and this number increased 11.5% year-on-year; There are more than 28,000 law firms, and this number increases 8.3% year-on-year. The lawyers throughout the country have handled a total of 4.65 million lawsuits of various types and 884,000 non-litigation legal affairs. As of the end of 2017, there are a total of 13,000 notaries in the country, and a total of 14.5 million notarized transactions have been handled throughout the year. In 2017, the lawyers have provided the public welfare legal services in more than 3.228 million cases, handled more than 578,000 legal aid cases, participated in receipting and processing nearly 234,000 petition cases, and participated in the mediation of 116,000 cases. In 2017, the legal aid agencies have handled 1.307 million cases concerning legal aid nationwide and provided legal aid to more than 1.38 million people and legal consultation more than 8,836,200 times.

      — The Work of Peoples' Mediation. As of the end of 2017, there are more than 766,000 people's mediation committees and 3.669 million people's mediators nationwide. In 2017, a total of 3.143 million disputes have been investigated and 8.76 million disputes have been mediated, and the success rate of mediation reaches 98%.Among them, there are more than 43,000 professional organizations of people's mediation and 134,000 people's mediators, and 1.42 million contradictions and disputes in the industry and professional fields have been resolved.

      — The work of National judicial examination and expert testimony. In 2017, the national judicial examination system has been further developed and improved, and the Implementation Measures of the National Unified Legal Professional Qualification Examination (hereinafter referred to as the Measures) has been preliminarily formed. The Measures further regulates the contents of the examinations, examination subjects, examination methods, etc., strictly adheres to the standards and conditions for the admission of legal professionals, and further improves the public credibility of the selection and cultivation of legal professionals scientifically and the incremental supply of high-quality legal professionals. A total of more than 490,000 people throughout the country participated in the national unified judicial examination, and computerized examinations had been conducted in certain regions. As of the end of 2017, there are a total of 4,338 judicial appraisal agencies and 49,946 judicial appraisers have been registered and administered by the national judicial administrative authorities, and more than 2.27 million appraisal cases have been completed throughout the year. In October, the General Office of the Central Government and the General Office of the State Council jointly issue the Implementation Opinions on Improving and Unifying the Management System of Judicial Authentication. In 2017, 298 experts have been selected into the national expert database of the judiciary authentication institutions on environmental damage.31 provinces (autonomous regions and municipalities) in the country have formulated new standards for judicial appraisal fees.

       

      IV. Reform of Judicial System

      In 2017, the reform of the judicial system in China has been fully promoted and a substantial breakthrough has been made.

       

      A. Comprehensively Implementing the Basic Reforms such as the Judicial Responsibility System

      — In 2017, the Central Politics and Law Commission, the Supreme People's Court, and the Supreme People's Procuratorate jointly organize a special inspection for the reform of the judicial responsibility system, and supervise and promote the implementation of the judicial responsibility system. The procuratorates and courts at all levels across the country have completed the selection of judges and procurators, the number of judges reduces from 210,000 to 120,000, the number of prosecutors reduces from 158,000 to 86,000, and the total number reduces 42.2% year-on-year. Moreover, the judicial personnel classification management reform has been basically completed, and outstanding talents choose to work at the first line of handling cases. The national rank assessment of individual job titles of the people's courts and Procuratorate has been completed, and the occupational security policy has basically come to the end. Establishing a diverse team consisted of both judges and prosecutors with the division of labor and coordination, exploring ways to deal with judicial auxiliary affairs through intensive management and socialized outsourcing, liberating and developing judicial productivity, and further improving the quality and efficiency of case handling.

      In July, the national judicial system reform promotion conference has been convened to further clarify the policy requirements for the reform of the judicial responsibility system and to study measures to deepen the reform of the judicial system. In August, at the 38th meeting of the 18th Central Leading Group for Deepening Reforms, the Opinions on Strengthening the Normalization and Professionalization of Judges and Procurators and Fully Implementing the Judicial Responsibility System has been reviewed and adopted; and this opinion has been issued by the General Office of the Central Government in October. At the time of further advancing reforms, actively promoting the amendment of the Organic Law of the People's Procuratorates, the People's Procuratorate Organization Law, the Judges Law, the Public Procurators Law, etc., formulating the Law on People's Assessors, and consolidating the achievements of the judicial reform. Shanghai firstly launches a comprehensive pilot reform of the judicial system.

       

      B. Deepening the Reform of Litigation System

      In order to implement the Opinions on Advancing the Reform of the Trial-Centered Criminal Procedure System, the central political and legal unit has successively introduced a series of supporting measures, all regions actively explore to advance the trial-centered reform of the criminal procedure system by using modern science and technology and the development road of the socialist civilization for criminal justice with Chinese characteristics. In February, the Supreme People's Court formulated the Notice on Issuing the Implementation Opinions on Comprehensively Promoting the Reform of the Trial-Centered Criminal Procedure System. In June, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security and the Ministry of Justice promulgate the Notice on Issuing the Provisions on the Several Issues concerning the Strict Exclusion of the Illegally Collected Evidence in the Handling of Criminal Cases to further standardize the conduct of evidence collection, change the methods of handling cases, punish crimes, and safeguard human rights in accordance with the law. In October, the Supreme People's Court and the Ministry of Justice jointly issued the Measures for Launching the Pilot Program of Full Coverage of Defense Lawyers in Criminal Cases, so that all defendants in the process of criminal case trial can receive the defenses and legal aid of lawyers, and the defense ratio of lawyers in criminal cases increases greatly. The Supreme People's Court carried out three trials of pre-court meetings, the exclusion of illegal evidence, and court investigations to promote the substantive nature of court trials. The political and legal organs in Shanghai, Guizhou and other regions have explored the use of modern data such as big data and artificial intelligence, developed and improved intelligence assistance systems for criminal trials, and promoted trial-centered reform of the criminal litigation system. At the same time, in order to facilitate the streamlining of cases, 281 court procuratorates in 18 cities across the country continue to carry out the reform trials on the lenient punishment for admission of guilt and acceptance of punishment.

       

      C. Strengthening the Organizational System Construction of the People's Courts and Procuratorates

      In 2017, the Supreme People's Court adds the third, fourth, fifth and sixth circuit courts in Nanjing of Jiangsu province, Zhengzhou of Henan province, Chongqing, and Xi'an of Shaanxi province respectively. The circuit courts adopt a trial team model to implement the presiding judge and the responsibility system of the collegiate panel to promote the flat management. Establishing intellectual property courts in Hangzhou, Ningbo, Hefei, Fuzhou, Ji'nan, Qingdao and Shenzhen. In August, the Hangzhou Internet Court is formally established to centrally administer Hangzhou's Internet-related disputes of the first-instance, implement online evidence extraction and online speedy trial of disputes, explore new modes of trials concerning Internet-related cases, provide legal services to protect the development of the Internet, and safeguard national cyberspace sovereignty. Further promoting the trials of Cross-Administrative District Courts and Procuratorates in Beijing and Shanghai, and summarizing the pilot experiences. The procuratorial organs implement the deployment of the CCP Central Committee on deepening the reform of supervisory system, coordinating the transfer of functions and the transferring of personnel.

       

      D. Taking Multiple Measures to Promote Judicial Administrative Reform

      Deepening the prison reform, regarding the security conception as the top priority of the prison reform, and selecting 20 prisons in 17 provinces to carry out the pilot work of the prison-based security conception. Deepening the reform of the lawyer system, and laying equal stress on rights protection and punishment. The Ministry of Justice promulgates a pilot program for the evaluation system and mechanism on lawyers' professional standards, leads the establishment of a system of joint legal counsel consisted of 11 central departments, establishes the punishment and disclosure system for lawyers' violation of laws and regulations, and more than 20 provinces (autonomous regions and municipalities) have issued the detailed rules for safeguarding lawyers' rights to practice. Strengthening the party building in the legal profession, establishing the party committee of national lawyer industry, and promoting the party building work in the lawyer industry from tangible coverage to effective coverage. Fully playing the important role of lawyers in administering the country in a comprehensive manner, deploying the pilots on full coverage of defense lawyers in criminal cases, lawyer mediation and lawyers participating in law enforcement in urban administration, and carrying out lawyers participating in petition work. Promoting the innovation of the reform of the notary system, the Ministry of Justice, the Central Committee, the Ministry of Finance and other relevant departments jointly issue 7 documents, such as the Opinions on Promoting the Innovation of Notary System Reform, and 899 notarial institutions with administrative system have translated to the notarial institution with business system, the pilot work of the cooperative notarial institution is actively promoted, and affairs of just participation and judicial assistance have been further innovated and expanded. Continuously improving the legal aid system, the Ministry of Justice and the Ministry of Finance jointly issued the Opinions on the Provision of Legal Aid by Lawyers to promote the work of legal aid lawyers. In addition, all provinces (autonomous regions and municipalities) have achieved the full coverage of the legal aid stations on the people's courts and detention centers. In August, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, and the Ministry of Justice jointly issued the Opinions on Lawyers on Duty in Legal Aid to fully play the role of legal aid lawyers in criminal litigation, maintain the legal rights of criminal suspects and defendants and promote the fairness of criminal justice in accordance with law. Promoting the construction of public legal service platforms in an orderly manner, and issuing the Opinions of the Ministry of Justice on Advancing the Building of Public Legal Service Platforms to vigorously promote the construction of the three major platforms of public legal service entities, hotlines and networks. Promoting and implementing of the reform of the national unified legal professional qualification system, and formulating and implementing the division plan of the Opinions on Perfecting the National Unified Legal Professional Qualification System to lay the foundation for implementing the national unified legal professional qualification examination system.

      V. Legal Protection of Human Rights

      A. Protection of the Right to Life and Health

      — Health protection and disease prevention. In January, the State Council issues the “Thirteenth Five-Year Plan of Sanitary and Health”, proposes 25 major development indicators in 7 areas, including health level, disease prevention and control, maternity and child health, medical services, family planning, medical and health service system, and medical care, by focusing on development goals during the “13th Five-Year Plan” period. In January, the General Office of the State Council issues the National Plan for the Prevention and Treatment of Occupational Diseases (2016-2020), and deploys occupational disease prevention and control work during the “Thirteenth Five-Year Plan” period to further protect workers’ occupational health rights. In February, the State Council issues the Medium and Long-term Plan for the Prevention and Treatment of Chronic Diseases in China (2017-2025), makes the reduction of the mortality of major chronic diseases as a major goal, and proposes 16 specific work targets. In February, the General Office of the State Council issues the 13th Five-Year Plan of Action for China to Contain and Prevent AIDS and comprehensively deploys the AIDS prevention and control during the "13th Five-Year Plan" period. In September, the State Council Information Office releases a white paper entitled the Development of China’s Health and the Progress of Human Rights to comprehensively introduce China’s health right protection model, the health environment and conditions, the public health service capabilities, the medical and health service quality, the universal health care system, the level of health of specific groups, and the participation in global health governance and international medical assistance.

      — Reform of the medical and health system. In January, the National Development and Reform Commission, the National Health and Planning Commission, and the Ministry of Human Resources and Social Security jointly issue the Notice on Promoting Charges for Diseases by Type of Diseases, and announce 320 disease catalogues for local governments to select according to the type of disease;clearly stipulating that public hospitals at Grade 2 or above must select a certain numbers of diseases to implement the charge by type of disease, and the pilot city of comprehensive reform of urban public hospitals shall adopt no less than 100 diseases to implement the charge by type of disease by the end of 2017. In April, the General Office of the State Council issues the Key Tasks for Deepening the Reform of the Medical and Health Care System in 2017, and proposes to basically establish five basic medical and health system frameworks, which are hierarchical medical treatment, modern hospital management, universal medical insurance, drug supply security, and comprehensive supervision, in 2017, to deepen the “year of implementation” of medical reform and establish “four girders and eight pillars”.

       

      B. The Protection of the Right to Life 

      — The Guarantee of housing rights. In January, the State Council makes an arrangement for the transformation of shantytowns, starts the task of newly building 6 million sets of sheds in 2017, continues to build shed reconstruction projects and increase the proportion of monetized resettlement, and strives to allow more people to stay at an early date. In 2017, governments at all levels adopt a variety of regulatory policies such as restricting purchases, limiting loans, limiting price, restricting sales, expansion of the supply of common-property houses, and the same rights to rent and sell to curb excessive increase of price and provide a strong guarantee for the right to housing.

      — Poverty alleviation. In 2017, China vigorously promotes poverty alleviation and achieves remarkable results. The first is to grasp the national poverty base. As of the end of 2017, China identifies a total of 128,000 poor villages, 29.94 million poor households and 89.62 million people living in poverty, basically finds out the distribution of poverty population in China, the causes of poverty and the need for poverty alleviation, and establishes a national unified poverty alleviation and development information system. The second is to accurately focus on "extreme poverty." In accordance with local conditions and due to the work requirements of the villagers in the village, the local government highlights the industrial poverty alleviation, the relocation of poverty-stricken areas, the implementation of labor export for poverty alleviation, the education for poverty alleviation and the healthy poverty alleviation. As of the end of 2017, more than 280,000 poor people have been placed on forest protection posts across the country, there are 428 impoverished counties in China have implemented pilot of introducing E-commerce programs for poverty alleviation, 23,000 poor villages introduce tourism for poverty alleviation, and photovoltaic power stations at village-level have covered more than 30,000 poor villages. The third is the number of poor people has decreased substantially. In 2017, about 100 impoverished counties nationwide have applied for poverty relief, and China has reduced more than 10 million impoverished populations.

       

      C. Safeguarding the Right to Education

      — In January, the State Council issues the “13th Five-Year Plan” for the development of national education, determines the guiding ideology, main objectives, strategic tasks, and safeguard measures for education reform and development during the “13th Five-Year Plan” period, proposes to modernize education, enhance the overall education and international influence, further expand the life-long learning opportunities for the whole nation, and make sure the results of educational development can be fairer to all citizens by 2020. In February, the Ministry of Education issues the Key Issues for the Ministry of Education in 2017, emphasizes to promote the fair opportunities of education, formulates compulsory education schooling policy for relocated children based on residence permits, implement and improve the policies for local entrance examinations for migrant workers in cities, and urges the relevant provinces and cities, especially large cities, to further improve the children's participation in the university entrance examination policies in conjunction with the reform of the household registration system and local realities. In May, the central government issues a budget of 117 billion yuan for the compulsory education funding mechanism for urban and rural areas, and this number increases 6.4% year-on-year. The distribution of central government subsidy funding has been tilted toward rural areas in the central and western regions. In September, the General Office of the State Council issues the Notice on Further Strengthening Control, Guarantee, and Improvement of Consolidation of Compulsory Education, requires to further prevent and control students drop out of school, ensures the consolidation rate of nine-year compulsory education nationwide will reach 95% by 2020, and effectively protect school-age children and adolescents from receiving compulsory education according to law.

       

      D. Personal Information Data Protection

      In January, the Ministry of Industry and Information Technology issues the Information and Communication Networks and Information Security Planning (2016-2020), and proposes to establish a network data security management system, strengthen the protection of user personal information, and establish and improve data and personal information disclosure announcements and reporting mechanisms to strengthen the protection of network data and user information. In May, the Supreme People's Court and the Supreme People's Procuratorate jointly issue the Interpretation on Several Issues concerning the Application of Law in the Handling of Criminal Cases of Infringing on Citizens' Personal Information to clearly stipulate it shall be charged if obtaining, selling, or providing citizens' personal information illegally, and the illegal income is more than 5,000 yuan; if serious consequences of the death, serious injury, insanity or abduction of the victim, etc., are caused, the offenders shall be imposed within 3 to 7 years Imprisonment and fines according to the provisions of the Criminal Law.

       

      E. The Protection of the Rights of Minors

      In December, the Supreme People's Procuratorate issues the Notice on Punishing the Crimes of invading Kindergarten Children and Protecting the Rights and Interests of All Children, and the Notice on Organizing and Launching the Pilot Program of Conducting the Criminal Enforcement Inspection and Civil Enforcement Inspection Together for the Minors; Properly handling the major cases of child abuse including the case of Shanghai Ctrip Parent-Child Park, etc., in accordance with the law; Informing the ten typical cases of comprehensive judicial protection for Minors issued by the procuratorate in 2017.

       

      F. Protecting the Rights of Disabled Persons 

      — Right to education. In January, the State Council revised the Regulation on the Education of the Disabled, stipulates that any education-based discrimination on disability should be prohibited, actively promotes integrated education, and ordinary shall provide to the people with disabilities according to the disability category and the ability to accept. In April, the Ministry of Education and the China Disabled Persons Federation jointly issue the Provisions on the Administration of the Participation of Disabled Persons in the National Unified Examinations for the Enrollment of Higher Education Institutions, clearly stipulates that educational examination institutions should provide convenience for to the disabled candidates according to their disability and needs and the actual conditions of the places under the premise of ensuring the safety of examinations and the examination room. In 2017, a total of 5626 disabled candidates nationwide have applied for the college entrance examination and reasonable accommodation. In July, seven departments including the Ministry of Education, the National Development and Reform Commission, and the China Disabled Persons' Federation, etc., jointly issue the Second Special Education Improvement Plan (2017-2020), emphasize to comprehensively promote the confluent education, responsibilities and resources sharing and mutual supports between regular schools and special schools by taking attending the class of regular school classes as the mainstay, the special education schools as the backbone, and the education and distance education as supplements.

      — Disability prevention and rehabilitation for the disabled. In January, the State Council passes the Regulations on Disability Prevention and Recovery of the Disabled (hereinafter referred to as the Regulation). The Regulation stipulates the basic principles for the prevention of disability, requires the coverage of the whole population and the whole life cycle, and uses community and family as the basis to adhere to the combination of universal prevention and key prevention and control;requires to establish a system for the collection and sharing of information for the disabled to solve the problem that information is incomplete and the base numbers of disabled persons is unclear;explicitly integrates disability prevention into the management of diseases related to disease prevention, maternal and child health care, traffic safety and production safety.

      — Welfare allowance for disabled people. In September, the Ministry of Civil Affairs and the China Disabled Persons’ Federation jointly notice the implementation of the living allowances for the disabled people and the establishment of the system of nursing subsidies for persons with severe disabilities. The notification shows that the two subsidy systems basically achieve full coverage. The living allowances for the disabled peoples and the severely disabled nursing subsidies system have benefited 10.31 million and 10.73 million persons with disabilities respectively. And the subsistence allowances and nursing subsidies have been distributed approximately 13.3 billion yuan and 12.2 billion yuan respectively.

       

      G. Protection of the Rights of the Elderly

      — In January, the six departments including the National Aging Office, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Civil Affairs, and the Ministry of Justice jointly issue the Opinions on Further Strengthening the Legal Protection of the Elderly, and proposes that all organs shall accurate to handle the cases concerning suing, reporting and appealing, and shorten the period, the organs at all level shall further strengthen the protection of legal rights and interests of the elderly in criminal, civil, and administrative procuratorial work. In March, the State Council issued the 13th Five-Year Plan for the Development of Old-Aged Careers and the Endowment System to clarify the guiding ideology, basic principles, development goals, and major tasks for promoting the development of old-age careers and the construction of an old-age pension system during the “13th Five-Year Plan” period. In June, the General Office of the State Council issues the Opinions on the Formulation and Implementation of Elderly Care Services Projects, clarifies 20 key tasks of the elderly care services and the basic principles that require elderly care services.

      — Carrying out the special operations for the quality of nursing home care services. In 2017, on the basis of the “five-checks and five reforms, and compliance with standards”, the special action for the nursing home service quality construction implements major inspections and major rectifications on the quality of service for nursing homes by contrasting 5 aspects that affect the quality of care for the nursing homes, including operation management, living services, health services, social work services, and safety management, and advances the quality of service in nursing homes.

       

      H. Human Rights Protection in Judicial Proceedings 

      — Safeguarding the rights of litigants. In February, the Supreme People's Court promulgates the revised Provisions of the Supreme People's Court on the Audio and Video Recording of the People's Court at Courtroom Trial, and specifies that people's courts shall open court hearings and conduct full audio and video recordings of the trial activities. In April, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, the Ministry of Justice, and the All China Lawyers Association jointly issue the Notice on Establishing and Improving the Rapid Interaction and Response Mechanism for the Protection of Lawyers' Practicing Rights, require all departments to strengthen communication and coordination, ensure that the case concerning the infringement on lawyers' right to practice can be accepted, investigated and fed back immediately, effectively improve the timeliness and effectiveness of the maintenance of lawyers' rights to practice, and ensure that lawyers practice their profession according to law. In June, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, and the Ministry of Justice jointly issue the Notice on the Several Issues concerning the Strict Exclusion of the Illegally Collected Evidence in the Handling of Criminal Cases, and clarify the identification standards and exclusion procedures of illegal evidence from the aspects of investigations, prosecutions, defenses and trials, and effectively prevent the occurrence of false positive or negative cases. In October, the Supreme People's Court and the Ministry of Justice jointly issue the Measures for Launching the Pilot Program of Full Coverage of Defense Lawyers in Criminal Cases, emphasize to protect lawyers' right to be informed, right to read the file, right to investigate and collect evidence, and right to serve as a witness at court, and respect lawyers' defense opinions. In December, the Ministry of Justice issues the Provisions on Meetings between Lawyers and Prison Inmates Issued to further regulate how to protect the rights of lawyers and the rights of criminals in custody.

      — Improving the judicial compensation and relief system. In April, the Supreme People's Court issues the Provisions on Several Issues concerning the State Compensation Supervision Procedures to clearly stipulate the scope of application of the compensation supervision procedures and the procedures for handling and accepting complaints. In August, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, and the Ministry of Justice jointly issues the Opinions on Lawyers on Duty in Legal Aid, stipulate that legal aid agencies shall assign on-duty lawyers in people's courts and detention centers to provide legal assistance for the criminal suspects and criminal defendants. The people's courts, people's procuratorates and the public security organs shall inform criminal suspects and criminal defendants their rights to obtain legal assistance on duty. Where criminal suspects, criminal defendants and their close relatives file a request for legal assistance, the people's court, the people's procuratorate and the public security organ shall notify the on-duty lawyer to provide legal assistance.

       

      VI. Intellectual Property Protection

      The year 2017 is a crucial year for the in-depth implementation of the national intellectual property strategy and the acceleration of the construction of a strong intellectual property country, and the positive progress has been made in all aspects of intellectual property protection.

       

      A. Institutional Construction 

      Promoting amendments to laws and regulations such as the Patent Law, the Copyright Law, the Regulations on Patent Commissioning and the Regulation on Protection of New Varieties of Plants, and amending the department regulations including the Patent Examination Guidelines, the Several Provisions on Regulating Patent Application Activities, the Measures for the Administration of the Prioritized Examination of Patents, etc., and judicial interpretations including the Interpretation on Several Issues concerning Hearing the Dispute Cases of New Plant Varieties and the Interpretation on Some Issues Concerning the Application of Law in the Trial of Cases Involving the Disputes over Infringement upon the Rights of New Plant Varieties. Drafting the Cultural Industry Promotion Law (Draft for Solicitation of Comments) and making specific provisions on the protection of intellectual property rights. Drafting the Regulations on the Handling of Infringement Cases of New Varieties of Agricultural Plants and the Administrative Enforcement Regulations for the Rights of New Varieties of Agricultural Plants to strengthen the related regulatory management; Drafting the Rules for the Determination of Approximate Varieties in the Testing of Specificity, Consistency, and Stability of New Varieties of Forestry Plants to strengthen the protection of new varieties of forestry plants. Formulating and publishing the Interim Provisions on Online Trademark Applications. And issuing the Regulations on the Registration and Review of Foreign Agricultural Product Geographical Marks.

       

      B. Audit Registration 

      — Patent. In 2017, China's patent applications amount to 3.698 million, and this number increases 6.7% year-on-year. Among them, 1.382 million applications for invention patents, 1.687 million applications for utility model patents, and 0.629 million applications for design patents. A total of 50,674 international patent applications based on the Patent Cooperation Treaty have been accepted throughout the year, and this number increases 12.5% year-on-year; 86,753 international patent applications have entered the national phase of China, and this increases 4.8% year-on-year. A total of 2.56 million patent applications have been filed in the year, and this increases 11% year-on-year. Among them, the number of applications for invention patents is 744,000, and this increases 10.2% year-on-year.

      In the whole year, a total of 420,000 invention patents have been authorized, and this increases 3.9% year-on-year; The number of authorized utility model patents is more than 973,000, and this increases 7.7% year-on-year; The number of authorized design patents is more than 443,000, and this decreases 0.7% year-on-year.

      In the whole year, a total of 4,177 patent pledge registration applications have been processed, the amount of pledge is more than 72 billion yuan, and this increase 65% year-on-year.

      — Trademarks. In 2017, the number of applications for trademark registrations in China is 5.7482 million, an increase of 55.7% year-on-year. The number of trademark registrations reviewed is 4.252 million, an increase of 36.7% year-on-year. By the end of 2017, the total number of trademark applications has reached 27.842 million, the cumulative number of registrations has reached 17.301 million, and the number of effective registration of trademarks has reached 14.92 million. Throughout the year, it approved the registration of 532 geographical indication collective marks and certification marks. As of the end of 2017, 3,906 collectively-registered geographical indications and certification marks have been approved.

      In 2017, domestic applicants submitted 4,810 applications international trademark registrations under the Madrid system. This number increases 59.6% year-on-year and ranks in the top three positions in the Madrid Union for the first time, and 25,006 registrations are valid. The foreign applicants have applied for the registration of 26,148 trademarks in China through the Madrid system, and this number ranks the first in the Madrid Union for 13 consecutive years, and the cumulative number of valid applications for registration amounts to 252,000.

      In the whole year, a total of 1,291 applications for the registration of trademark pledges have been processed, and the pledge amount is 37.023 billion yuan.

      — Copyright. In 2017, the total number of copyright registrations in China reaches 2.747 million, and this number increases 36.9% year-on-year. Among them, there are 2.001 million registrations for written works, and this number increases 25.2% year-on-year; The number of computer software copyright registrations have reached 745,000 and this number increases 82.8% year-on-year.

      In the whole year, a total of 299 copyright pledges involving a total amount of 2.974 billion yuan in debt have been registered.

       

      C. Administrative Enforcement of Intellectual Property Rights 

      In 2017, the total number of patent administrative enforcement cases in China has reached 66,649, and this number increases 36.3% year-on-year. Among them, there are 28,157 patent disputes cases, and this increases 35% year-on-year; Investigated and dealt with 38,492 cases of counterfeit patents, and this increases 37.2% year-on-year.

      — Investigating and dealing with illegal acts such as trademark infringement and counterfeiting. The State Administration for Industry and Commerce issued the Plan for the Special Campaign of “Traceability” for Cracking down on Trademark Infringement, and deployed special operations to combat the “tracing back” of trademark infringement in the whole system. In 2017, the national industrial and commercial and market supervision departments have handled a total of 30,130 trademark supervision enforcement cases with a value of 365.4463 million yuan and a fine of 470.4232 million yuan. Among them, a total of 26,985 cases of trademark infringement and counterfeiting have been investigated and prosecuted, the value of the case is 333.4833 million yuan and the amount of confiscated amount is 443.0722 million yuan, and 172 suspected criminal cases have been transferred to the judicial organs; A total of 5,839 cases of unfair competition such as counterfeiting and infringement of commercial secrets and infringements of intellectual property rights have been investigated and confiscated with a confiscated amount of 68.03 million yuan.

      — Cracking down on all types of infringement and piracy. Issuing the Work Points of National News Publication (Copyright) on Anti-counterfeiting and Counterfeiting in 2017 to deploy copyright law enforcement inspections and deepen the promotion of copyrighted software. The National Copyright Administration, the State Internet Information Office, the Ministry of Industry and Information Technology, and the Ministry of Public Security jointly launch a special campaign to combat online infringement and piracy of “Sword Net 2017”, focus on copyright protection of the Internet, the copyright rectification of e-commerce platforms and mobile Internet applications (APP). The copyright law enforcement authorities at all levels have inspected 63,000 websites, closed 2,554 infringing and pirated websites, removed 710,000 infringing and pirated links, collected 2.76 million infringing and pirated products, filed 543 network infringement cases, investigated and handled 57 criminal cases with the public security agencies, and the amount involved is 107 million yuan. The National Copyright Administration, the Office of the National Work Group for “Combating Pornography and Illegal Publications”, the Ministry of Public Security, and the Supreme People’s Procuratorate jointly form five supervision inspection teams, and conduct special inspections on cases in Beijing and other 10 provinces (cities). In the year, 23 major cases including the “3.11” case in Jiaxing, Zhejiang, and the “12.15” series case in Henan's Weishi have been supervised.

      — In-depth promoting the software copyright work. Organizing key inspections and promoting the construction of a long-term mechanism for software legalization. In 2017, the National Copyright Administration of the People's Republic of China organizes a joint inspection team to conduct key inspections of software copyrighting work in 10 provinces (autonomous regions and municipalities) including Beijing and Hebei, etc. Organizing special inspection team to conduct full coverage inspections on the software legalization of all provincial government agencies in 6 provinces (autonomous regions and municipalities) including Liaoning, Jilin, etc. A total of 389 units and 26,989 computers have been inspected in the year, and these numbers increase 35.54% and 242.94% respectively year-on-year. Government agencies at all levels have purchased 1.277 million sets of operating systems, offices, and anti-virus software throughout the year with a purchase amount of 612 million yuan. An important breakthrough has been made in the legalization of enterprise software, and the central enterprises and large and medium-sized financial institutions have basically implemented the software legalization. A total of 37,667 enterprises throughout the country have realized software legalization through the inspection, the central enterprises and financial institutions have purchased, upgraded, and maintained the operating system, office and antivirus software with an amount of 2.145 billion yuan.

       

      D. Judicial Protection of Intellectual Property 

      — The people's courts have fully played their trial functions and effectively safeguarded the legitimate interests of right holders. In 2017, the local people's courts nationwide have received a total of 201,039 new intellectual property civil cases of first instance, and 192,938 of them have been concluded, and these numbers increase 47.24% and 46.37% respectively year-on-year. The Supreme People's Court has newly received 503 intellectual property civil cases, and this number decreases 36.31% year-on-year; 493 cases have been concluded (including old deposits), and the number increase 28.72% year-on-year.In 2017, a total of 8,820 intellectual property administrative cases of the first instance have been received by the local people's courts across the country, 6,390 cases of them have been concluded, and the numbers increase 22.74% and 2.24% year-on-year respectively. The Supreme People's Court has received 391 newly-accepted administrative cases of intellectual property and concluded 412 cases of them, the numbers increase 10.14% and 17.05% year-on-year respectively. In 2017, the local people's courts across the country have received a total of 3,621 first instance cases concerning infringing intellectual property and concluded 3,642 cases, and the numbers decrease of 4.69% and 6.69%, respectively year-on-year. The local people's courts across the country have received a total of 533 new second instance criminal cases concerning intellectual property, and 540 cases have been concluded, the numbers decrease 32.27% and 33.50% respectively year-on-year.

      — The procuratorial organs throughout the country have performed their procuratorial functions in accordance with law and punished various types of crimes of infringement of intellectual property rights. In terms of arrest and prosecution, the procuratorial organs across the country have approved to arrest a total of 4,272 criminals who involved in 2510 cases of intellectual property infringements, and prosecuted a total of whole 7,157 criminals who involved in 3,880 cases. In terms of criminal procedure supervision, the procuratorial organs throughout the country have recommended the administrative law enforcement agencies to transfer 376 persons in 313 suspected criminal infringement cases, and the administrative law enforcement agencies transfer 376 persons in 313 cases; supervising the public security organs to accept and file 211 persons in 180 criminal cases of infringement of intellectual property rights.

      — The Public security agencies across the country continue to crack down on criminal activities that violate intellectual property rights. In accordance with the special action deployment "Cloud 2017", 105 special cases have been supervised and listed to handle. Organizing and launching the “Spring Thunder” campaign on cracking down on IPR infringements, and 3,832 cases have been solved and 5,122 criminal suspects have been arrested. Throughout the year, the public security agencies throughout the country have detected more than 17,000 cases of all types of infringement and counterfeiting, and arrested more than 24,000 criminal suspects with total value of 6.46 billion yuan. The public security agencies in 27 provinces have focused on cracking down on cigarette-related crimes, cracked 129 cases, arrested 343 criminal suspects, and destroyed 169 crime spots with a value of 1.27 billion yuan. Three rounds of intensive action against counterfeit alcohol crimes have been carried out, solved 234 cases, arrested 598 criminal suspects, destroyed 457 crime spots, seized more than 818,000 bottles of various brands of fake wine, and the total case value of 956 million yuan.

      — In April, the Supreme People's Court issued the Judicial Protection of Intellectual Property Rights by Courts in China (2016), the Ten Intellectual Property Cases and Fifty Typical Intellectual Property Cases by Courts in China in 2016, and the Annual Report on Intellectual Property Cases Published by the Supreme People's Court (2016); The Supreme People's Procuratorate has issued the Ten Typical Cases of Intellectual Property Protection by Procuratorates in China in 2016".

       

      E. International Cooperation on Intellectual Property Protection 

      In 2017, various intellectual property departments have continued to deepen their cooperative relations with international organizations such as the World Intellectual Property Organization and the intellectual property institutions of various countries and regions, actively participated in the formulation of international rules, strengthened exchanges and cooperation, and ensured the International cooperation in intellectual property protection to make a new progress. Participated in the revision of international treaties such as the Regulations concerning the Implementation of the Madrid Protocol, and signed the Sino-European Strategic Cooperation Agreement on Plant Variety Protection, the Cooperation Agreement between the People's Republic of China Government and the World Intellectual Property Organization to Strengthen the "One Belt and One Road" Intellectual Property, the Cooperation Treaty, etc. Held the 8th Meeting of Directors of China-ASEAN Intellectual Property Bureau and the 9th BRICS Directors Meeting. Dispatching personnel to participate in the first Sino-U.S. legal dialogue and enhancing the international status of judicial protection of intellectual property; Dispatching personnel to participate in various intellectual property rights dialogues and negotiations of China-Switzerland (Criteria), China-US, China-Australia, China-Russia, China-EU, etc.; Dispatching personnel to participate in the International Conference on the Protection of New Plant Varieties, the China International Intellectual Property Protection System Conference and other international conferences.

       

      VII. Legal Construction on Ecological Civilization

      The year 2017 is a year with historical significance in the process of the construction of China’s ecological civilization and the rule of law, significant progress has been made in the legislation of ecological civilization, law enforcement, and judicial work.

       

      A. The Legislation of Ecological Civilization 

      — Issuing a batch of guidance documents. In 2017, the Central Leading Group for the Comprehensive Deepening of Reforms reviewed and approved the pilot program for Setting up environmental supervision and administrative law enforcement agencies by river basin, the Several Opinions on Establishing a Permanent Resource Environment Carrying Capacity Monitoring and Early Warning Mechanism, the Opinions on Deepening the Environmental Monitoring Reform and Improving Environmental Monitoring Data Quality, the Pilot Program of Inter-regional Environmental Protection Agencies, the Opinions on Non-gratuitous Use of Sea Areas and Non-resident Islands, the Report of Pilot Situation of the Public Interest Litigation prosecuted by the Procuratorates and the Suggestions for Next Steps, the Implementation Plan for Prohibiting the Entry of Foreign Garbage and Advancing the Reform of the Solid Waste Import Administration System, the Overall Plan of Establishing the national park system, the Plan for the Pilot Reform of the Ecological Environment Damage Compensation System, the Three-year Action Plan for Rural Human Settlements Environment Improvement, the Guiding Opinions on the Implementation of the system of Lake Director, etc. In October, the party’s report on the Nineteenth Congress has made general requirements and specific arrangements for the construction of ecological civilization: The first is to integrate the contradictions between the human and the nature, and the economic development and the environmental protection into the scope of main contradictions for the first time. The second is to take "adhering to the harmonious development of man and nature" as an important content of the basic strategy of socialism with Chinese characteristics in the new era, and emphasize: establishing the ecological civilization is a millennium plan for the sustainable development of the Chinese nation. The third is to propose to that a moderately prosperous society will be completed in a decisive period, and it is thus necessary to lay a solid battle against pollution prevention and control. The fourth is to make concrete arrangements for the construction of ecological civilization from the four aspects of advancing green development, focusing on solving outstanding environmental problems, strengthening the protection of the ecosystem and reforming the ecological environment supervision system.

      — Formulating, amending and abolishing a batch of laws, regulations and rules related to the protection of environmental resources. In April, the Twenty-seventh Meeting of the Standing Committee of the Twelfth National People's Congress revises the Surveying and Mapping Law of the People's Republic of China for the second time, and incorporates "serving for ecological protection" into the legislative purpose of the surveying and mapping law. In June, the Twenty-eighth Meeting of the Standing Committee of the Twelfth National People's Congress passes the Decision on Amending the Water Pollution Prevention and Control Law of the People's Republic of China (2017), and defines and clarifies the river length system.In June, the Twenty-eighth Meeting of the Standing Committee of the Twelfth National People's Congress adopted the Decision on Amending the Civil Procedure Law of the People's Republic of China and the Administrative Litigation Law of the People's Republic of China. This decision clarifies that if the people's procuratorates find any activities that harm the protection of the ecological environment and resources in the performance of their duties, the public interests of the public may be brought to the people's court in the absence of laws and regulations or the lawsuits brought by the relevant agencies or organizations. If relevant agencies and organizations bring a lawsuit, the people's procuratorate shall support the lawsuit. At the time of performing duties, if the People's Procuratorates find that administrative organs with supervisory and managerial responsibilities in areas such as protection of the ecological environment and resources breach their duties or abstain from an act, and result in the infringement of national interests or social public interests, the People's Procuratorate should submit procuratorial suggestions to the administrative organs and supervise them to perform their duties. Perform duties according to law. Where an administrative agency does not perform its duties in accordance with the law, the people's procuratorate shall sue the people's court according to law. In September, the Twenty-ninth Session of the Standing Committee of the Twelfth National People's Congress passes the Nuclear Safety Law of the People's Republic of China. In November, the Thirtieth Session of the Standing Committee of the Twelfth National People's Congress passes the Decision on Amending Eleven Laws including the Accounting Law of the People's Republic of China, and amends the Marine Environment Protection Law.

      In 2017, the executive meeting of the State Council reviews and passes the Regulation on Pesticide Administration, the Regulations of the People's Republic of China on Nature Reserves, and the Decision of the State Council on Amending the Regulation on the Administration of Construction Project Environmental Protection

      In 2017, the Ministry of Environmental Protection issues the Measures for Pollutant Discharge Permitting Administration (For Trial Implementation) and the Decision of the Ministry of Environmental Protection to Amend Certain Rules, and amends the Measures for the Supervision and Inspection of National Nature Reserves, the Measures for the Administration of Safety Licensing for Radioisotopes and Radiation Devices, etc. The State Oceanic Administration publishes the 2018 Maritime Legislation Work Plan of the State Council, issues the Measures for the Protection and Utilization of Coastlines, the Measures for the Administration of Licensing for the Exploration and Development of Resources in Deep Seabed Areas, and amends the Rules for Legislation Work Procedure of the State Oceanic Administration, etc. The Ministry of Land and Resources issues the Measures for the Administration of the Overall Plan for Land Utilization, the Interim Measures for the Administration of the Collection of Income from the Transfer of Mineral Rights and the Provisions on the Administrative Reconsideration involving Land and Resources, amends certain provisions of the Measures for the Implementation of the Regulations of the People's Republic of China on the Dumping of Wastes at Sea, and abolishes there regulations, including the Measures for the Administration of Entrusted Issuance of Licenses for Dumping Wastes into the Sea, the Measures for Land Registration and the Measures for the Administration of Ocean Standardization. The Ministry of Water Resources issues the Measures for the Supervision and Administration of Water Function Zones, the Measures for the Administration of National Water Resources Monitoring Capability (2016-2018), and other regulations. In April, the Ministry of Finance and the Ministry of Agriculture jointly amend the Measures for the Administration of Central Finance Subsidy Funds for the Protection of Agricultural Resources and Ecology. In September, the Ministry of Environmental Protection and the Ministry of Agriculture jointly issue the Measures for the Administration of the Soil Environment of Agricultural Land (for Trial Implementation) to stipulate the investigation and monitoring systems, pollution prevention systems, and classification management systems.

      In 2017, local governments also actively formulate and revise a number of local legislative documents and add certain new protection measures. For example: The Regulations of Guizhou Province on Prevention and Control of Environmental Noise Pollution firstly stipulates that "All units and individuals shall enjoy the right to live, work and study in a quiet environment, and bear the obligation to protect the sound environment, and they have the right to make complaints, report and accuse of acts causing environmental noise pollution. This is the first time to establish a right to environment in China. The Regulations of Sichuan Province on Environment Protection clarifies the accountability system for environmental protection and the lifelong accountability system for ecological environmental damage, and details certain specific contents of the report of the local people’s government at or above the county level on the situation and progress of environmental protection. The Regulation on the Protection of Shennongjia National Park requires to establish a performance appraisal system for the national park's ecological protection, and implement the responsibility audit system for natural resources assets of leading cadres and the accountability system for ecological environmental damage. The Regulations of Heilongjiang Province on the Prevention and Control of Atmospheric Pollution adds legal means to effectively punish the illegal behaviors of "Lao Lai" such as evading supervision of pollutant discharge companies, disclosing pollution information illegally, and refusing to implement the decisions of stopping work and production. The Regulations of Tianjin Municipality on the Prevention and Control of Atmospheric Pollution stipulates that the driver of a motorized vehicle shall extinguish the engine for parking more than three minutes.

      — Participating in the formulation and conclusion of international environmental conventions. In August, the Minamata Convention on Mercury comes into force for our country. In 2017, Chinese scholars participated in a seminar on the draft of the "World Environment Convention" initiated by "the Club des Juristes".

      — Formulating and revising a batch of environmental resource standards. In 2017, the Ministry of Environmental Protection issues certain normative documents on environmental resource standards, such as the Provisions on the Administration of Environmental Protection concerning Importing Solid Waste Usable as Raw Materials, and organizes to compile the “13th Five-Year Plan" for Development of National Environmental Protection Standards”. As of the end of 2017, there are a total of 1,843 effective environmental protection standards in China. In November, the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China and the National Standardization Administration approve and issue the Classification of Land Use Status (GB/T 21010-2017) amended by the Ministry of Land and Resources.

       

      B. The Law Enforcement of Ecological Civilization

      — Formulating a batch of environmental resource plans. In February, the Ministry of Environmental Protection issues the 13th Five-Year Plan for the Environmental Health Work of National Environmental Protection to stipulate five key tasks, including advancing investigation and monitoring, strengthening technical support, increasing scientific research, accelerating system construction, and strengthening publicity and education; In March, the 13th Five-Year Plan for Nuclear Safety and Radioactive Pollution Prevention and Control and the Vision for 2025" has been prepared. In May, the Ministry of Environmental Protection, the Ministry of Foreign Affairs, the National Development and Reform Commission, and the Ministry of Commerce jointly issue the Guiding Opinions on Promoting the Construction of the Green Belt and Road Initiative, and the Ministry of Environmental Protection issues the Cooperation Plan on Ecological Environment Protection of the "One Belt, One Road". These opinions and plan provide guidelines for the promotion of the green “Belt and Road” initiative for a period of time in the future, and reflect the country’s emphasis on the construction of ecological civilization in the construction of “One Belt and One Road”. In July, the Ministry of Environmental Protection, the National Development and Reform Commission and the Ministry of Water Resources jointly issue the Eco-environmental Protection Plan for the Yangtze River Economic Belt, and arrange 3 billion yuan for the ecological restoration award in the Yangtze River Valley. In July, the State Council issues the Implementation Plan for the Prohibition of the Entry of Foreign Garbage into China to Promote the Management of Solid Waste Imports, and proposes 18 requirements of prohibiting the entry of foreign garbage and managing solid waste.

      — Deepening the reform of relevant environmental protection systems. Further promoting the reform of the vertical management system for monitoring, supervision, and law enforcement of environmental protection agencies under the provincial government In 2017, and implementing new programs for the eight provinces (municipalities) including Jiangsu, Shandong, Hubei, Qinghai, Shanghai, Fujian, Jiangxi and Tianjin. Improving the environmental monitoring mechanism, the Ministry of Environmental Protection issues the Measures for Remote Sensing Monitoring and Verification of Human Activities in Nature Reserves (Trial), the General Office of the Central Committee of the CPC and the General Office of the State Council issue the Opinions on Deepening the Environmental Monitoring Reform and Improving Environmental Monitoring Data Quality. Exploring the ecological environment damage compensation system, the General Office of the Central Committee of the CPC and the General Office of the State Council issue the Reform Plan of the Ecological Environment Damage Compensation System. Vigorously promoting the reform of the resource tax, and the Ministry of Finance, the State Administration of Taxation, and the Ministry of Water Resources jointly announce the Implementation Measures for Expanding the Pilot Implementation of the Water Resources Tax Reform.

      — Implementing the environmental protection inspections. In June, the General Office of the Central Committee of the CPC and the General Office of the State Council issue the Circular on Supervision and Handling of Eco-environmental Problems in the Qilian Mountain National Nature Reserve in Gansu Province and its Lessons Learned to analyze the typical cases of ecological environmental damage in Qilian Mountains and call to account. The Central Environmental Protection Inspection Team has completed the third and fourth batch of 15 provincial environmental protection inspections, handled more than 72,000 complaints, filed and penalized more than 19,000 cases, filed and investigated 736 cases, and investigated and affixed the responsibility for more than 11500 people. Publicly disclosing the first batch of situation of investigating and affixing the responsibility for 100 environmental damages inspected by the central environmental protection inspectors in the eight provinces (autonomous regions), and 1,140 people are called to account. Achieving full coverage of central environmental protection inspections in 31 provinces (autonomous regions and municipalities) across the country, openly interviewing or supervising 30 cities (districts and counties) governments, and provincial departments and some central enterprises, and all 31 provinces (autonomous regions and municipalities) issue the documents of the responsibility allocation on the environmental protection, the environmental protection inspection program, and the implementation measures for party and government leading cadres’ responsibility for environmental damage, and 26 provinces (autonomous regions and municipalities) carry out provincial-level environmental protection inspections.

      — Investigating and dealing with environmental violations. In 2017, there are more than 233,000 environmental administrative punishment cases across the country, and the amount of fines has reached 11.58 billion yuan. Implementing the special environmental protection law enforcement actions for drinking water sources in cities above the prefectural level at the Yangtze River Economic Belt, and completing to clean up and solve 490 environmental problems identified. Launching the special action "Green Shield 2017" , investigating and dealing with more than 21,000 clues of violations of laws and regulations, shutting down more than 2,460 illegal enterprises, demolishing more than 5.9 million square meters of illegal construction facilities, and more than 1,100 people have been pursued for responsibility.

       

      C. Judicial Ecological Civilization 

      Issuing a batch of judicial documents of environmental resources. In February, the Ministry of Environmental Protection, the Ministry of Public Security and the Supreme People's Procuratorate jointly issue the Measures for Coordination Work between Administrative Law Enforcement and Criminal Justice in Environmental Protection to further improve the mechanism for linking environmental protection administrative law enforcement with criminal justice and punish environmental crimes according to law. In May, the Central Leading Group for the Deepening of Reforms at its 35th meeting reviews and adopts the Report on Pilot Situation of the Public Interest Litigation prosecuted by the Procuratorates and the Suggestions for Next Steps. The Ministry of Land and Resources issues the Provisions on the Response to Administrative Litigation of Land and Resources to comprehensively regulate the work of administrative response in the land and resources management system. In June, the Supreme People's Court issues the Interpretation of Several Issues concerning the Application of Law in the Trial of Mining Rights Disputes. In December, the Supreme People's Court promulgated the Provisions on Several Issues concerning the Trial of Cases Involving Damages for Harm to Marine Natural Resources, Ecology and Environment to properly handle disputes over marine natural resources and ecological environment damages.

      — Hearing a batch of environmental resources cases. In 2017, all courts in the country concluded 161,565 civil cases of environmental resources, 27,445 environmental resource administrative cases, and 21,878 criminal cases of environmental resources. All procuratorial organs have prosecuted 34,859 persons for committing crimes of damaging environmental resources.

      — Strengthening the guidance on environmental resources and judicial policies. In March, the Supreme People's Court issues 10 typical cases of environmental public interest litigation. In June, the Supreme People's Court issues 10 typical criminals, civil and administrative cases concerning environmental resources. In July, the Supreme People's Court issues the China Environmental Resources Trial 2016-2017 (White Paper) and the China Environmental Justice Development Report (2015-2017). In December, the Supreme People's Court issues the Opinions on Comprehensively Strengthening Ecological Civilization Construction and Green Development Judicial Safeguard in the Yangtze River Basin and ten typical cases of environmental resources trials in the Yangtze River Basin.

      — Promoting environmental judicial research and international cooperation. In 2017, by relying on the Renmin University of China, Wuhan University and other environmental resource judicial research centers, theoretical research bases and practice bases, the Supreme People's Court carries out major research projects such as the specialization in environmental justice, climate change, and public interest litigation, focuses on the environmental public interest litigation, the transfer of mining rights, the Greenization of the Civil Code, the Environmental Damage Judicial Authentication, etc., holds 11 academic conferences, and conducts comparative studies on the translation of environmental public interest litigation legislation and environmental public interest litigation cases in nearly 20 foreign countries. In September, the International Symposium on the Legal Protection of Biodiversity co-sponsored by the Supreme People's Court and the Asian Development Bank has been held in Nanjing; The 13th high-level meeting of United Nations Convention to Combat Desertification has been held in Ordos city, Inner Mongolia province; The unveiling ceremony for UN Environment - China University of Political Science and Law Environment Law Research Base holds in Beijing. In 2017, the Supreme People's Court also actively participates in organizing a series of international study and discussion activities on environmental justice, and this further strengthens the communication and exchange of environmental justice between China and other countries in the world.

     

      VIII. Legal Propaganda, Legal Education, and Legal Research

     

      A. Legal Propaganda

      — Solidly advancing the "Seventh Five-Year Plan" of implementing the legal propaganda, legal education in public. In March, the Ministry of Justice and the General Office of the People's Republic of China jointly print and distribute the Notice on Launching the Publicity and Education Campaign for the Rule of Law on the National Security Education Day, and the Circular on Strengthening the Learning and Propaganda of the General Provisions of Civil Law. In May, the Central Propaganda Department, the Ministry of Justice, and the National Commission for the Protection of Law jointly issue and print the Opinions on Implementing the Rule of Law Propaganda and Practice in Respecting Law, Studying Law, abiding by the law and Using Law, and hold three consecutive lectures of the central state organs on the rule of law in the Great Hall of the People with more than 2200 audiences. In August, the Central Organization Department, the Central Propaganda Department, the Ministry of Justice, and the National Bureau of Justice and Legal Affairs jointly issue the Notice on Strengthening the Learning and Propaganda of the Party’s Laws and Regulations to require implementing the "Seventh Five-Year Plan" of implementing the legal propaganda, legal education in the public and the Opinions of the Central Committee of the Communist Party of China on strengthening the inner-party regulations. Institutional Development. In August, a nationwide training course on law propaganda and education has been held, and more than 150 people participated in the training. The Legal Knowledge Network Competition on the Protection of the Rights and Interests of the disabilities, the National Publicity Week of Intellectual Property, the “3.15” Consumer Rights Protection Day Special Feature Evening and other activities are held. The fourth batch of “the advanced units for the establishment of national law-based counties (cities, districts)", and the seventh batch of “the National Model Villages for Democracy and Rule of Law (Community)” have organized to conduct the selection of advanced units.

      — Promoting the implementation of the Responsibility System in which "Who enforces the law who popularizes the law". In May, the General Office of the Central Committee of the CPC and the General Office of the State Council issued the Opinions on Implementing the Responsibility System of the State Organs on "Who Enforces the Law Who Popularizes the Law". In September, the Ministry of Justice printed and issued a Notice on Implementing the Responsibility System of the State Organs on "Who enforces the Law Who Popularizes the Law", and required to integrate the law into various businesses of the judicial administration. In September, an inter-ministerial joint conference system led by the Ministry of Justice was established with the participation of a total of 16 units and departments to implement the legal responsibility system. In October, the first plenary meeting of the inter-ministerial joint conference on the implementation of the legal responsibility system was held. In December, the Ministry of Justice, the National Commission of Law Popularization and the Supreme People's Court jointly conducted the activities that the members of interministerial joint meeting accessed to the court to hear the trial.

      — Launching a series of promotional activities at the "12·4" national constitution day. In July, organizing and launching the micro video collection and exhibition, entitled "I and the Constitution", and 12,000 works had been collected. In November, the Publicity Department of the Central Committee of the CPC, the Ministry of Justice and National Commission of Law Popularization jointly issued the Notice of the Publicity Department of the Central Committee of the CPC, the Ministry of Justice and National Commission of Law Popularization in Conducting a Day-to-Day propaganda at the “12·4” National Constitution Day to deploy a series of constitutional propaganda activities with the theme of “studying and implement the spirit of the Nineteenth National Congress and safeguarding constitutional authority". In December, the Publicity Department of the Central Committee of the CPC, the General Office of the Standing Committee of the National People's Congress, the Ministry of Education and the Ministry of Justice jointly held the symposium of the “12.4” National Constitution Day, and the theme of this symposium was “Strengthening Constitution Education, Popularizing Constitutional Knowledge, and Promoting Constitutional Spirit”; the Ministry of Justice, the National Office of Law Popularization and the CCTV jointly held the special program at the Constitution Day, entitled “The Spirit of the Constitution and the Power of the Rule of Law – CCTV 2017 Award Ceremony”; the Ministry of Education and the Ministry of Justice organized schools at all levels to implement the activities of reading the Constitution in the morning, and announced the winners of "I and the Constitution" micro video collection and exhibition. All localities and departments closely focused on the themes of the events, integrated with the actual situation, determined the focus of publicity, innovated the forms of propaganda, and carried out a series of constitutional activities for learning and propagating with distinctive features.

      — Making full use of new media to popularize law. In June, the Publicity Department of the Central Committee of the CPC and the Ministry of Justice jointly organized online seminar on the General Principles of Civil Law three times, and more than 2 million people participated. In August, the video open courses of “Famous Talks · Chinese Legal Culture” were launched on the WeChat public number of “China Law-Popularization”, the Weibo client, and the website of Legalinfo as special program, and this program has used 100 episodes to demonstrate Chinese legal culture based on Chinese law system and oriental philosophy. As of the end of 2017, the program have already broadcasted 20 episodes, and nearly 4 million people watched. Launching the fourteenth activities of legal animation and microfilms collection and exhibition, and more than 4,000 works with various kinds had been collected. Organizing certain activities such as the Eleventh Legal Knowledge Contest on 100 Websites and WeChat Public numbers. Launching the thematic activities of "The Five Years of Advancing Bravely · Juridical Administrative Story”, and 62 candidates of “most beautiful people” were recommended for online exhibition. The number of fans of the "China Law-Popularization" WeChat public number exceeded the one-million mark for the first time, the total number reached 1.1 million with an annual reading quantity of 30 million, and ranked the first in the country's legal and law-based WeChat public number. The total number of fans of the Official Weibo of China Law-Popularization reached 3.661 million and the total number of articles published at Weibo reached 42,000. The total number of subscribers to the Mobile Phone Platform of China Law-Popularization reached 1.716 million, and the total number of articles published reached 12,000.

      — Elaborately organizing the activities of "100 academic reports of hundreds of jurists". In 2017, by taking “Comprehensively Promoting the Law-based Country Guided under the General Secretary Xi Jinping's Legal Thought” as the theme of "100 academic reports of hundreds of jurists ", the symposiums of "100 academic reports of hundreds of jurists" mainly focused on six topics, including “Persist in Uniting the Law-based country and rule-based Party”, “Adhering to the Combination of Governing the Country According to Law and Governing the Country with Morals”, “The Great Practice of Governing the Country According to Law for 20 Years and the Innovation and Development of the Theory of Socialist Legality with Chinese Characteristics”, “Playing the Leading Role of the Rule of Law in the Construction of 'One Belt, One Road'”, “Certain Important Legal Issues of Social Governance under the Background of the Internet”, and “The Enactment of the General Provisions of Civil Law and the Modernization of State Governance System and Governance Capacity”. A total of 5,689 symposiums were held throughout the country with a total audience of more than 1.71 million. A total of 5,689 "Double Hundred" symposiums were held throughout the country, and the total number of audiences reached 1.71 million.

      — Continuing to carry out the activities of “young volunteers in popularizing legal culture at the grassroots". In 2007, the activities of “young volunteers in popularizing legal culture at the grassroots" organized legal propaganda more than 645,000 times, released more than 36.8 million pamphlets, provided legal services more than 391,000, and more than 65 million people benefited from the activities and services in 2585 counties (cities and districts).

       

      B. Legal Education 

      — The establishment of the "Double first-class" assessment system has a profound influence on the long-term development of legal education. In January, the Ministry of Education, the Ministry of Finance and the National Reform Commission jointly issued the Implementation Measures on Overall Planning for Promoting the Construction of World-Class Universities and First-Class Universities (Interim). In September, the Ministry of Education, the Ministry of Finance and the National Reform Commission jointly issued the Notice on the Announcement of the List of Universities and Disciplines under the Construction of World-Class Universities and First-Class Disciplines to announce the list of Universities and Disciplines under the Construction of World-Class Universities and First-Class Disciplines. In October, Comrade Xi Jinping pointed out in the report of the 19th Party Congress that it is necessary to speed up the construction of first-class universities and first-class disciplines. The establishment of a "Double first-class" assessment system has opened a new journey in the construction of higher education, including legal education, in China, guided higher education, including legal education, into different levels and ladders, and this is far-reaching to further build a scientific and systematic legal education system with Chinese characteristics.

      — The imbalance of legal education resources has been improved. In 2017, the scale of higher legal education in China continued to grow and expand, the strength and level of legal science education in colleges and universities continued to increase, and nearly 80 new doctoral specialties in law and master specialties in law have been established across the country. The newly-increased doctoral and master specialties mainly located in the north-west and the west-south, especially the doctoral specialty in law in Guizhou University breaks the long-term status that there was no first level doctoral specialty in law in this region, and this makes the distribution of legal education resources become more scientific. More reasonable.

      — Deepening the development of practical legal education. In 2017, the "Double Thousands Plan" jointly held by colleges and personnel in legal practice departments was fully rolled out, 247 experts in legal practice departments and 227 university teachers were selected for the Double-Thousands Plan in 2017.

      — Enhancing international education cooperation related to the “One Belt, One Road”. In February, the Law School of Renmin University of China and the National University of Singapore Law School co-hosted the fifth "Asian Law School Dean Forum." In November, the 2017 Annual Meeting of the New Silk Road School Association, which is also named as the International Symposium on Law Education Reform, hosted by the New Silk Road Law School Alliance and organized by Wuhan University Law School opened at the Wuhan University Law School. In December, the first "One Belt, One Road" law students forum with the theme of the opportunities and challenges of law students under "One Belt and One Road" was held at the China University of Political Science and Law, and the "Belt and Road" university law students alliance was established.

       

      C. Legal Research 

      — Deeply and systematically promoting the research on the socialist legal theory with Chinese characteristics. In 2017, the legal circle held meetings and established institutions to deeply and systematically promote the study of socialist legal theory with Chinese characteristics. The 2017 Annual Conference of China Law Society Dong Biwu's Legal Thought (Socialist Legal Theory with Chinese Characteristics) Research Society reviewed systematically the achievements of the rule of law since the 18th National Party Congress and took Xi Jinping's legal thought as the most important achievement in China's rule of law since the 18th National Party Congress; Guangming Daily and China University of Political Science and Law co-hosted the Forum of Law-based China to discuss the construction of a socialist law discipline system, academic system, and discourse system with Chinese characteristics; the Institute of Law of the Chinese Academy of Social Sciences held a meeting to discuss Xi Jinping’s ideology of comprehensively governing the country according to law; The University of Political Science and Law established the Institute of Legal System Theory of Socialism with Chinese Characteristics.

      In 2017, the legal scholars thoroughly studied General Secretary Xi Jinping’s report on the 19th National Party Congress and important speeches and general statements made at the China University of Political Science and Law and the Nineteenth Congress, and carried out the research on certain topics, such as the significance and content of the legal system with Chinese characteristics, the construction of the legal discipline system with Chinese characteristics, the principles and path of the academic system, the innovation of cultivation methods of legal talents, and the leading role of Xi Jinping’s the socialist legal thought with Chinese characteristics to the legal construction in the new era. At the same time, some experts and scholars interpreted the report of the 19th National Congress of the People’s Republic of China and analyzed its theoretical innovation significance and practice leading role in the construction of the rule of law; in the special legal field, they studied Xi Jinping’s international legal thought, Xi Jinping’s Internet legal thought, and Xi Jinping’s legal thought on social governance, and Xi Jinping’s legal thought on the cultural relics business, etc.

      — Further deepening the study of legislation and macroscopical local rule of law. In 2017, China's legal studies focus on deepening the practice of governing the country according to law, actively participating in legislative planning and legislation in key areas, and improving the socialist legal system with Chinese characteristics. First, the research work of constitutional revision is remarkable. In 2017, the legal circle has held several thematic conferences on constitutional amendments to conduct in-depth investigations and researches. This lays a good theoretical basis and conditions for constitutional amendments, and ensures major theoretical innovations, practical innovations and institutional innovations achieved by the party and the people in practice can become constitutional provisions. Second, the legislation of the supervision law and the research work of the supervisory system reforms are remarkable. In 2017, the law circle has held a number of legislative seminars and consultations to further research the articles, framework and contents of the supervision law, specifically designed the composition, links and operations of the supervision system, and all these provide a powerful reference and impetus to the introduction of the law and the reform of the supervision system. Third, a lot of research works on the relevant legislative amendments of people's courts and procuratorates has been launched. In 2017, on the basis of summarizing the experiences of judicial reforms, the law circle experiences has conducted research and argumentation on the amendment of relevant laws such as the Judges Law, the Public Procurators Law, and the Lawyers Law, and promoted to consolidate the achievements of judicial reforms in the form of laws timely, and ensured the legal system at the judicial level can be continuously improved.

      — The research on the emerging legal field represented by artificial intelligence, big data, and cloud computing becomes active increasingly. In April, the Symposium on 2017 Artificial Intelligence: Technology, Ethics, and Law has been co-sponsored by the Chinese Academy of Science Technology Strategic Consulting Institute and the Tencent Research Institute in Beijing. In September, the Institute of Future Law of Renmin University of China Law School is established, and the purposes of this institute are to research the interpretation of the constitution in the age of cyber and artificial intelligence, the Internet regulation and governance, the dogmatics of internet criminal law, the science and technology-driven financial supervision, the network copyright, the relevant intellectual property restrictions in the compatibility of information technology system, the rights to data, the measurement of penalty by using big data, and other fields. In September, the 12th Northeastern Forum on Rule of Law is held in Inner Mongolia with the theme of the Construction of a Society with the Rule of Law under the Background of Big Data Cloud Computing. In November, the China University of Political Science and Law hosts the Big Data Summit on the Rule of Law in the new era with the theme of "Big Data, New Growth Points, New Kinetic Energy and New Order", and releases the Report on the Legal Development of Big Data in China (2017). In December, the Forum of "the Future of Artificial Intelligence and the Future of Law 2017" is held in Shenzhen.

      — Researching key and hot issues in various disciplines of legal science. In the field of the Constitution, researches on the relation between the Constitution and the people’s congress system have been conducted. In the field of legal theories, research on "law and the rule of law in information age" have been conducted by combining with the new requirements of the development of the times. In the field of administrative law, research on certain key issues, including the National Supervision System Reform and the Legislation of Supervision Law, Urban Governance and Administrative Law, etc., have been conducted. In the field of civil law, research on "the Interpretation and Application of the General Provisions and the Compilation the Specific Provisions of the Civil Code" have been conducted. In the field of intellectual property law, research on "the Protection, Innovation and Development of the Intellectual Property Rights under the background of Globalization" have been conducted. In the field of economic law, research on "New Economy, New Normalcy and Economic Law" have been conducted. In the filed of commercial law, research on the specific provisions of the Civil Code and the construction of commercial law systems have been conducted. In the field of criminal procedure law, research on "the Improvement of Criminal Procedure System under the Background of Judicial Reforms" have been conducted. In the field of law of society, research on "the development and challenges of law of society under the principles of flexibility and Safety" have been conducted. In the field of criminal law, research on "the Times Change and the Modernization Criminal Law" have been conducted. In the field of international law, research on "the Contributions of China to the Time Changes and the Development of International law" have been conducted. In the field of Law of Legislation, research on "the Socialist Legislative Theories and Practice Innovation with Chinese Characteristics" have been conducted. In the field of Chinese legal history, research on "the Value Ideas, Principles, Features, Criticism and Inheritance of traditional justice in China" have been conducted. In the field of foreign legal history, research on the cultural exchange tracks between China and foreign countries have been conducted.

     

      IX. International Exchange and International Cooperation

      In 2017, China actively participates in relevant international legislative activities, strengthens judicial assistance and international anti-corruption cooperation, promotes the legal protection for the “One Belt and One Road”, participates in global governance in various fields, actively conducts law enforcement security dialogues and international legal exchanges, and gains positive results.

       

      A. Legal Assistance and International Anti-corruption Cooperation 

      — The INTERPOL General Assembly has been successfully held. In September, the 86th General Assembly of the International Criminal Police Organization (hereinafter referred to as INTERPOL) has been held in Beijing, and the representatives came from 158 countries and regions attended. President Xi Jinping attended the opening ceremony and delivered a keynote speech entitled "Insisting on Cooperation, Innovate, Rule of Law, and win-win, and Starting the Global Security Governance Together". The meeting discussed in depth the current global security threats and the ways and strategies to combat terrorism, organized and new crimes, and cyber crimes, and adopted the Interpol Global Safety Position Paper.

      — The legislation of judicial assistance and signing treaties. In December, the Thirtieth Meeting of the Standing Committee of the Twelfth National People's Congress firstly considers the Law of the People's Republic of China on International Criminal Judicial Assistance, and publicly solicits opinions from the public. In 2017, China held negotiations with Germany, Senegal, Mauritius, Austria, and Ecuador on the treaty of criminal legal assistance, Turkey, Senegal, Malaysia, Panama, Cyprus, and Japan on extradition treaties, and Colombia on the treaty of transferring sentenced persons, and signed a criminal justice assistance treaty with Kenya and extradition treaties with Turkey and Kenya. China has ratified the Treaty on Criminal Judicial Assistance with Armenia, the Judicial Assistance Treaty for Civil and Commercial Affairs with Ethiopian, the Extradition Treaty with Ethiopia and Argentina, and the Migration Treaty with Tajikistan. In addition, China has also signed the Convention on the Selection of Court Agreements.

      — The special work of pursuing the escaped criminals. In March, the "Skynet 2017" operation was launched. In April, the Central Pursuit Office issues the Announcement on the Stealing Clues of Certain Fugitives. In July, the 12th meeting of the anti-corruption working group of China-US Law Enforcement Cooperation (JLG) Joint Liaison Group has been held in Beijing, discussed on key issues such as the experiences and difficulties of anti-corruption cooperation, the construction of mechanism, the common programs of persuading to return and key cases, and reached a significant consensus on deepening China-US anti-corruption law enforcement cooperation and cracking down on transnational corruption crimes. In close cooperation with the relevant departments of the United States, Canada, and Grenada to pursue a hundred personnel listed by the red order of arrest, and many of them have returned China to surrender. As of the end of 2017, in hundred personnel listed by the red order of arrest, 51 of them have been arrested. In 2017, a total of 1,021 fugitives have been recovered and more than 900 million yuan have been recovered.

      — In Multilateral Field. In November, the Chinese delegation has attended the Seventh Meeting of the States Parties to the UN Convention against Corruption, expounded its position and proposition on building an international anti-corruption governance system that seeks cooperation, common development and sharing, and further strengthening international anti-corruption cooperation. In November, the 20th China-ASEAN Leaders Meeting issues the Joint Statement of China-ASEAN on Comprehensive Strengthening Effective Anti-Corruption Cooperation, and reaches the consensus on practical cooperation on anti-corruption. This is the first time that the China-ASEAN Leaders Meeting makes a statement in the field of anti-corruption, and this opens a new chapter in jointly governing corruption.

      — In Bilateral Field. In January, the sixth round of the China-Canada judicial enforcement cooperation has been held in Ottawa, Canada. Both sides have conducted an in-depth exchange on related legal systems and practices such as extradition, transfer of sentenced persons, return of assets, and repatriation of criminal suspects, and reached a consensus on further strengthening the administration of justice. In September, the Ministry of Public Security and the Australian Federal Police sign the Protocol of China and Australia on Combating Transnational Crime and Strengthening the Policing Cooperation in Beijing and the Joint Action Plan on Combating Economic Crimes between China and Australia in Beijing, and hold a ceremony of returning money stolen, embezzled or received in bribes. In addition, China and Australia also exchange views on the verification of fugitives, drug control, anti-terrorism, the fight against transnational crime, etc. In 2017, China and the United States have repatriated several fugitives listed by the red order of arrest to each other, and launched new cooperation in law enforcement pursuit.

       

      B. The Legal Protection and Cooperation of the "One Belt, One Road"

      — Carrying out the international cooperation for the security of "One Belt, One Road". In May, the Chinese government and INTERPOL sign the Declaration of Intention of Strategic Cooperation between the Chinese Government and INTERPOL in Beijing. The declaration points out that both sides will cooperate in safeguarding borders and trade security, cracking down on illegal markets, financial crimes and cyber crimes, and protecting key infrastructure safety, and actively create opportunities for promoting the safety and stability of the Interpol countries that participate in the “Belt and Road Initiative”. In June, China and Malaysia hold the third joint working group meeting on transnational crime cooperation in Kuala Lumpur, Malaysia. The meeting emphasizes that the law enforcement agencies of both sides shall improve the cooperation mechanism, deepen pragmatic cooperation in anti-terrorism, crackdown on telecommunications fraud and online gambling, pursuit of escaped criminals, drug control, and cyber security, etc., comprehensively strengthen security cooperation for major projects of the “One Belt, One Road”, and maintain the security and legal rights of each other’s institutions and personnel in the other country.

      — In January, the prosecutors exchange training base between China and ASEAN member countries and the official website of the China-ASEAN Member States Attorney General Conference have been operated in Nanning, Guangxi, and this is an important measure of constructing the "One Belt, One Road" and establishing the fate community between China and ASEAN. In June, the courts exchange training base between China and ASEAN member countries and the Legal and Judicial Information Center of the China-ASEAN Member States have been established in Nanning, Guangxi, and this is not only a significant progress made between China and ASEAN member states, but also an important platform of judicial connection between China and ASEAN member states.

      — In September, the Seminar on Cracking down on Transnational Organized Crime and the Legal Protection of the "One Belt, One Road" has been held in Beijing. Many legal officials and academics from 35 member states of the Asian-African Legal Consultative Organization (hereinafter referred to as AALCO), Laos and the Secretariats of AALCO and the African Union attended this seminar. attended experts analyze the new situation of cracking down on the transnational organized crime under the “Belt and Road” framework, and propose suggestions from the perspective of international law. In the same month, the Silk Road (Dunhuang) International Forum on Judicial Cooperation has been held in Gansu province. This is the first large-scale international forum for judicial cooperation organized between the Supreme People's Court and the Supreme Courts of the countries along the "One Belt, One Road", 17 countries' senior judges attended the forum, and this forum bring China's judicial cooperation with the other countries along the “One Belt, One Road” to a new level. In October, the Seminar on Legal risks and countermeasures for International Investment in Economic and Trade Affairs sponsored by the China Law Society has been held in Beijing, and 28 countries' representatives attended the seminar. Attended Experts have conducted in-depth exchanges on four topics, including international investment, international trade, infrastructure project and dispute resolution, and this is an important event held by the China Law Society with African countries and other countries along the line of the "One Belt, One Road" in the field of law and business. In December, the China-ASEAN Legal Forum has been held in Nanning, Guangxi province, the theme of this forum is to “deepen legal cooperation and jointly build the 'One Belt, One Road”, and this forum passes the Nanning Consensus on the Rule of Law Cooperation.

       

      C. Participating in International Legislation Activities

      — International environmental protection and climate change. In January, President Xi Jinping delivered a keynote speech entitled “Building a Community of Human Destiny Together” at the UN headquarters in Geneva, he emphasized that the conclusion of the Paris Agreement is a milestone in the history of global climate governance, all parties should jointly promote the implementation of the agreement, and China will continue to take action to deal with climate change and assume 100% of its obligations. In September, Foreign Minister Wang Yi attended the Thematic Summit on the World Environment Convention held at the UN headquarters in New York and expressed his appreciation for France's efforts to formulate the World Environment Convention.

      — International maritime law and polar law. In March and July, the Chinese delegation attends the third and fourth meeting of the Preparatory Commission for the International Agreement on the Conservation of Marine Biodiversity beyond the Limits of National Jurisdiction, elaborates the views and positions on the issues related to marine genetic resources, regional management tools, environmental impact assessment, capacity building, technology transfer, and other cross-cutting issues related to marine biodiversity beyond areas of national jurisdiction, and participates in constructive consultations. In March, Vice Premier Wang Yang attends the Fourth Arctic International Forum held in Russia and issues a speech entitled "Jointly Creating a New Arctic Future" to explain China's important contribution to the development of the Arctic, he points out that, as a participant, builder and contributor to the Arctic affairs, China not only has the will and ability to play a greater role in the development and cooperation of the Arctic, but also is willing to uphold the policy of respect, cooperation and sustainability, and participate in the Arctic affairs. In May, the 40th Consultation Meeting on the Antarctic Treaty has been held in Beijing, and this meeting is the first time since China’s accession to the Antarctic Treaty in 1983 and the negotiation of a treaty in 1985, the representatives from 44 countries and 10 international organizations participate in the meeting. In June, the Chinese delegation attends the 27th Meeting of States Parties to the United Nations Convention on the Law of the Sea, emphasizes that all parties shall respect the principle spirit and legislative intent of the UN Convention on the Law of the Sea and correctly interpret and apply the provisions of the Convention. In August, the Chinese delegation attends the 23rd Session of the International Seabed Authority and elaborates on China's policies and opinions on the international seabed situation and related positions on various issues such as the development of international seabed resources development regulations. In November, the Chinese delegation attends the sixth round of the Arctic high seas fishery negotiations, and formally adopts the Agreement on the Prevention of the Non-regulation of High Seas Fisheries in the Central Arctic Ocean with the United States, Russia, Canada, Denmark, Norway, Japan, South Korea, Iceland, the European Union, etc.

      — International criminal law and anti-terrorism law. In May, the Chinese delegation attends the 26th session of the United Nations Commission on Crime Prevention and Criminal Justice, and states that all countries shall unite their consensus and closely integrate the Doha Declaration and the 2030 sustainable development agenda to weave an international network to combat transnational crime and fight corruption, and effectively respond to terrorism and all kinds of new crimes. The representatives of China made a speech at the Sixth Committee of the 72nd Session of the General Assembly on the "Measures to Eliminate International Terrorism" and calls for the UN General Assembly to speed up the conclusion and adoption of the Convention on International Terrorism and further improve the international counter-terrorism legal framework. In December, the observer delegation of China attended the 16th Conference of States Parties to the Rome Statute of the International Criminal Court held in New York, and emphasized that the court should uphold a balanced value and policy orientation, adhere to the unified and consistent application of the Rome Statute, deal with the relationship between the Rome Statute and the rules of general international law in accordance with the law, and the Assembly of States Parties should carefully address the issue of the amendment to the crime of aggression and legally ensure the observer country’s right to participate in the mechanisms of the conference.

      — Outer space law. In June, the Chinese delegation attended the 60th session of the UN Committee on Outer Space Affairs, and stressed that China will continue to firmly safeguard the core status of the Committee on the Peaceful Uses of Outer Space in the formulation, interpretation, revision, and application of outer space rules and avoid the fragmentation by ensuring the uniformity of the outer space legal system. In October, the Chinese delegation spoke at the 4th Committee of the 72nd Session of the UN General Assembly on the topic of “International Cooperation in the Peaceful Use of Outer Space”, emphasized that the Outer Space Treaty, as the cornerstone of the international legal regime of outer space, has established a legal framework of for the space activities, and the Outer Space Treaty and its principles should be given a new era significance and continue to be fully respected and implemented by all countries.

       

      D. Intergovernmental Dialogue on the Rule of Law 

      — In April, President Xi Jinping visited the United States and met with US President Trump, and both two sides announced to establish four high-level dialogue mechanisms for diplomatic security dialogue, comprehensive economic dialogue, law enforcement and cyber security dialogue and social and humanities dialogue, deepen the cooperation in law enforcement and justice, cyber security, pursuit of pursuing illegal immigration and health, and strengthen law enforcement cooperation to jointly combat various forms of transnational crimes such as drug trafficking, trafficking in children, money laundering, cybercrime, organized crime, etc. In May, the 17th Legal Symposium on the China-Germany Legal Dialogue with the theme of the "Modern Bankruptcy Legal System Facing Efficiency and Equity" was held in Changde City, Hunan Province. In October, the second China-EU Legal Affairs Dialogue was held in Brussels, officials, academics and corporate members from China and the European Union discussed and exchanged on certain issues such as "the good regulation — the theory and practice of improving the quality of legislation”, and the compilation of the China Civil Code.

      — High-level dialogue on law enforcement and security among countries. In February, the second high-level security dialogue between China and Britain was held in London, both two sides exchanged views on counter-terrorism and the fight against extremism, cyber security, and the fight against organized crime, and reached important consensus of cooperation. In April, the first high-level security dialogue between China and Australia was held in Sydney, both two sides discussed the anti-terrorism, cybercrime, transnational crime, judicial and legal affairs, and other security-related issues recognized by the leaders of the two countries. In June, China and Canada held the second high-level national security and rule of law dialogue in Ottawa and issued a joint statement, both two sides conducted in-depth exchanges on issues such as the judiciary and the rule of law, anti-terrorism, cyber security, combating transnational organized crime, and agreed to strengthen China-Canada Cooperation on the Criminal Justice Assistance Treaty. In June, the first high-level security dialogue between China and Germany was held in Beijing, both two sides exchanged views on cooperation in counter-terrorism, combating transnational organized crime, and other related international and regional security issues, and jointly published the First-Stage Consensus on China-Germany High-level Security Dialogue. In July, the fourth meeting of the Sino-Russian law enforcement security cooperation mechanism was held in Beijing, the meeting emphasized the need to implement the important consensus reached by the heads of state of the two countries in strengthening law enforcement and security cooperation. In October, the first round of the China-US law enforcement and cybersecurity dialogue was held in Washington, both two sides conducted exchanges on issues such as counter-terrorism, drug control, the fight against cybercrime, the pursuit of evasion, the repatriation of illegal immigrants, and reached broad consensus.

      — Dialogue and cooperation under the framework of the Shanghai Cooperation Organization. In April, the twelfth meeting of the secretary of the Security Council of the Shanghai Cooperation Organization member states was held in Astana, Kazakhstan, the Chinese delegation attended the meeting and stated that China is willing to work with other countries to constantly improve the legal basis for security cooperation, actively promote the signing of the Anti-Extremism Convention of the Syndicated Organization, focus on improving the effectiveness of security cooperation, crack down on the “three forces” jointly and resolutely, further deepen cyber security and drug cooperation, and continue to strengthen regional anti-terrorism institutions and promoting communication and cooperation among member states. In September, the 31st Meeting of the Shanghai Cooperation Organization Regional Anti-Terrorism Agency Council was held in Beijing, this meeting approved the Combined Measures of the of the States members of the Shanghai Cooperation Organization on Combating Terrorist, Separatist, and Recruitment of Extremist Organizations and the Measures of Promoting the efficiency of International Organizations on Combating Terrorism, Separatism and Extremism in the Areas of the Shanghai Cooperation Organization. In October, the Chinese delegation participated in the 12th Conference of Presidents of Supreme Courts State Members of the Shanghai Cooperation Organization was held in Tashkent, Uzbekistan, and exchanged views and opinions with all parties on four topics, including implementing the legal and judicial systems of member states, cracking down on recruiting younger generations to join terrorist and militant organizations, improving the dispute resolution mechanism for investment disputes among member states of the Shanghai Cooperation Organization, and promoting the efficiency of civil and criminal justice assistance among member countries. In November, the Chief Prosecutor of the Supreme People's Procuratorate, Cao Jianming, attended the Fifteenth Meeting of the Chief Procurators of the Shanghai Cooperation Organization held in St. Petersburg, Russia, and delivered a keynote speech to emphasize that cybercrime has become a common challenge and common problem faced by all countries and how to jointly cope with the challenges of cybercrime in the new situation.

      — Dialogue and cooperation under the ASEAN framework. In September, the Chinese delegation attended the 5th ASEAN-China and the 8th ASEAN-China, Japan and Korea Ministerial Conference on Combating Transnational Crime held in Manila, the Philippines. The meeting issued the Joint Statement of the 8th ASEAN-China, Japan and Korea Ministerial Meeting on Combating Transnational Crimes and the 5th Joint Statement of the ASEAN and China Ministerial Meeting on Combating Transnational Crimes, and adopted the Memorandum of Understanding on Cooperation in the Field of Non-traditional Security (2015-2021) between China and ASEAN. During the meeting, China and the Philippines exchanged opinions on anti-terrorism and anti-narcotics law enforcement and security cooperation, and signed the Memorandum of Understanding on Strengthening Anti-Terrorism Cooperation.

      — Dialogue and cooperation under the BRICS framework. In August, the Chief Prosecutor of the Supreme People's Procuratorate, Cao Jianming, attended the Meeting of the Chief Procurators of the BRIC countries held in Brazil and signed the Brasilia Declaration and the Protocol of the BRICS Proposal.

      — Creating a dialogue network on international law by using the consultation mechanism of the ministers of the ministries of treaty and law. In 2017, the Ministry of Foreign Affairs held consultations with the ministers of the ministries of treaty and law (legal advisors) of Russia, the United Kingdom, Germany, Israel, Switzerland, Australia, Japan, the Czech Republic, Denmark, and Canada, actively participated in the consultations with the Five Permanent States Members of the Security Council and BRICS States Consultation, and conducted exchange and discussions on issues related to international law. In addition, the Ministry of Foreign Affairs held dialogues with the United States, Russia, France, Japan, South Korea and the United Kingdom on the law of the sea and the polar affairs.

      — In September, the 22nd Annual Meeting of the International Prosecutors’ Association was held in Beijing, the Chief Prosecutor of the Supreme People's Procuratorate Cao Jianming signed the memorandum of understanding on cooperation between the prosecution authorities with the Attorney-General of Greece, Egypt, Mozambique, Sao Tome and Principe, and Palestine respectively.

      In April, as one of the representatives of the countries outside the border, China participated in the first meeting of chief justices and supreme courts of African countries held in Khartoum, Sudan. In May, a Chinese court delegation visited Sweden and Albania. In May, a Chinese court delegation visited New Zealand and Australia, and attended the first China-Australia Justice Roundtable. In May, a Chinese court delegation visited Russia and the United Kingdom, and participated in the Fourth China-Britain Justice Roundtable and the Permanent Forum of International Commercial Courts held in London, England. In June, a Chinese court delegation visited Canada and Cuba, and signed the Memorandum of Understanding on Judicial Exchange and Cooperation between the Supreme People's Court of China and the Supreme People's Court of Cuba.

       

      E. Exchange of Law with Foreign Countries 

      — Legal exchange under the ASEAN Framework. In June, the Second China-ASEAN Justice Forum was held in Nanning, Guangxi, the parties discussed the theme of "The Judicial and Regional Judicial Cooperation in the Internet Age", and adopted the Nanning Statement. In October, a delegation of the China Law Society went to the Philippines to attend the ASEAN Legal Association's commemoration of the 50th anniversary of the establishment of ASEAN.

      — Legal exchanges under the framework of AALCO. In May, the Chinese delegation attended the 56th annual meeting of the Asian-African Legal Consultative Organization held in Nairobi, Kenya. In July, the China-AALCO International Law Exchange and Research Project sponsored by the Ministry of Foreign Affairs signed a memorandum of understanding on cooperation with the Asian Academy of International Law located at Hong Kong. In September, the third training course of the “China-AALCO International Law Exchange and Research Project” was held, and Legal officials from 35 member states and non-member countries such as Laos, the Law Society Secretariat and the African Union Secretariat participated in the training.

      — Legal exchanges with other Asian countries. In August, China attended the 6th Biennial Meeting of the Asian Society of International Law held in Seoul, South Korea. In September, the delegation of the China Law Society visited South Korea, Japan, Cambodia, the Philippines, and Indonesia to carry out legal exchanges and academic discussions. In September, China-Central and West Asia countries national judge exchange training base was unveiled in Gansu.

      — Law exchanges with African countries and BRICS countries. In January, the China-Africa Legal Research Center (Nairobi) and the China-Africa Legal Training Base (Nairobi) were unveiled in Nairobi, Kenya, and this is the first legal research and training institution jointly established by Chinese universities and African universities. In May, the Fourth Training Course of China-Africa Legal Personnel Exchange Project was held in Beijing and trainees came from more than 20 countries and regions in Africa. In October, the "China-Africa Joint Research and Exchange Program - the Francophone Region of Africa Legal Experts Delegation to China" was launched in Beijing. From November to December, the delegation of the China Law Society visited South Africa and Russia to jointly organize the first International Arbitration Conference of the China-Africa Joint Arbitration Center and participated in the fourth session of the BRICS Legal Forum, and the representative of the legal profession in the BRICS countries signed the Moscow Declaration.

      — Legal exchanges with European countries. In June, the Second Symposium of China-Europe on the International Law of the Sea was held in Xiamen. In July, the International Symposium on the Environmental Rights in the Constitution of China and France was held in Beijing. In November, the Sino-French International Law Seminar on Governance of Synthetic Drugs Crime was held in Beijing. In November, the Chinese Law Society delegation attended the second "China-UK Legal Roundtable" held in London and visited Ireland and France. In November, the “China and Norway International Symposium on Criminal Enforcement Supervision and Criminal Justice Human Rights Protection 2017” was held in Chengdu.

      — In September, the Global Forum on Private International Law was held in Wuhan with the theme of "Cooperative Progress: Development of International Private Law in China and the World". In December, during the Fourth World Internet Conference, the International Cooperation Forum on Combating Cybercrime sponsored by the Ministry of Foreign Affairs was held in Wuzhen, Zhejiang.

     

      Conclusion

      The year 2018 is not only the first year for the full implementation of the spirit of the 19th National Congress of the Communist Party of China, but also the 40th anniversary of the reform and opening up and a crucial year for success in building a well-to-do society and implementing the 13th Five-Year Plan.

      In 2018, China will continue to adhere to the rule of law comprehensively, unswervingly follow the socialist rule of law with Chinese characteristics, firmly grasp the new arrangements for comprehensively governing the country according to the law, further strengthen and safeguard the implementation and supervision of the Constitution, and further enhance scientific legislation, democratic legislation and legal legislation, and improve the quality of legislation; further deepen the reform of the administrative law enforcement system, vigorously promote the standardization and informatization construction of administrative law enforcement, and improve the level of law enforcement; further deepen the reform of the judicial system, accelerate the establishment of a fair and efficient authoritative socialist judicial system, and increase the people's sense of fairness and justice; further strengthen the popular education work of the whole people, innovate the modes and methods of the popularization of the law, fully play the guidance function of the legal propaganda and education, promote the formation of a strong atmosphere of respecting, studying and adhering to the law by the public, and improve the legal quality of the entire nation. In 2018, the vivid practice of China's legal construction will surely provide a solid legal guarantee for establishing a prosperous, strong, democratic, civilized, harmonious, and beautiful socialist modernized country and the Chinese dream of realizing the great rejuvenation of the Chinese nation in the new era.

     

      Appendix

      I. The Contents of Laws, Judicial Interpretations and Decisions Formulated and Amended by the Standing Committee of the National People's Congress in 2017 (34 items)

      1. Law of the People's Republic of China on Red Cross Society

      2. Decision of the Standing Committee of the National People's Congress on Amending the Enterprise Income Tax Law of the People's Republic of China

      3. General Provisions of the Civil Law of the People's Republic of China

      4. Surveying and Mapping Law of the People's Republic of China

      5. National Intelligence Law of the People's Republic of China

      6. Decision of the Standing Committee of the National People's Congress on Amending the Water Pollution Prevention and Control Law of the People's Republic of China

      7. Decision of the Standing Committee of the National People's Congress on Amending the Civil Procedure Law of the People's Republic of China and the Administrative Litigation Law of the People's Republic of China Decision of the Standing Committee of the National People's Congress on Amending the Civil Procedure Law of the People's Republic of China and the Administrative Litigation Law of the People's Republic of China

      8. Nuclear Safety Law of the People's Republic of China

      9. Law of the People's Republic of China on the Promotion of Small and Medium-Sized Enterprises

      10. National Anthem Law of the People's Republic of China

      11. Decision of the Standing Committee of the National People's Congress on Amending Eight Laws including the Judges Law of the People's Republic of China

      12. Anti-Unfair Competition Law of the People's Republic of China

      13. Standardization Law of the People's Republic of China

      14. Law of the People's Republic of China on Public Libraries

      15. Amendment (X) to the Criminal Law of the People's Republic of China

      16. Decision of the Standing Committee of the National People's Congress on Amending Eleven Laws including the Accounting Law of the People's Republic of China

      17. Law of the People's Republic of China on Farmers' Professional Cooperatives

      18. Tobacco Leaf Tax Law of the People's Republic of China

      19. Vessel Tonnage Tax Law of the People's Republic of China

      20. Decision of the Standing Committee of the National People's Congress on Amending the Bidding Law of the People's Republic of China and the Metrology Law of the People's Republic of China

      21. Decision of the 5th Session of the Twelfth National People's Congress on Issues concerning the Number of Disputes to the Thirteen National People's Congress and the Election of Deputies

      22. Measures for the Election of Deputies to the Thirteenth National People's Congress from the Hong Kong Special Administrative Region of the People's Republic of China

      23. Measures for the Election of Deputies to the Thirteenth National People's Congress from the Macao Special Administrative Region of the People's Republic of China

      24. Decision of the Standing Committee of the National People's Congress to Extend the Period of the Pilot Program of the People's Assessor System Reform

      25. Plan for Allocation of the Number of Deputies to the 13th National People's Congress

      26. Plan for Allocation of the Number of Deputies of the Minority Nationalities to the 13th National People's Congress

      27. Plan for the Consultative Election of Deputies of Taiwan Province to the 13th National People's Congress

      28. Decision of the Standing Committee of the National People's Congress on Expanding the List of National Laws in Annex III to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China

      29. Decision of the Standing Committee of the National People's Congress on Expanding the List of National Laws in Annex III to the Basic Law of the Macao Special Administrative Region of the People's Republic of China

      30. Decision of the Standing Committee of the National People's Congress on Promoting the Pilot Program on the National Supervisory System Reform all over the Country

      31. Decision of the Standing Committee of the National People's Congress on Provisionally Adjusting the Application of the Provisions of Relevant Laws in the Reform of the Chinese People's Armed Police Force

      32. Decision of the Standing Committee of the National People's Congress on Extending the Period of Authorizing the State Council to Provisionally Adjust the Implementation of the Provisions of Relevant Laws in the Administrative Regions of 33 Counties (Cities and Districts) under the Pilot Program including Daxing District of Beijing Municipality

      33. Decision of the Standing Committee of the National People's Congress to Ratify the Cooperative Arrangements between the Mainland and the Hong Kong Special Administrative Region on Establishing a Port at the West Kowloon Station of the Guangdong-Shenzhen-Hong Kong High-Speed Railway to Implement “Two Inspections at One Place”

      34. Decision of the Standing Committee of the National People's Congress on Extending the Period of Authorizing the State Council to Provisionally Adjust the Implementation of the Provisions of Relevant Laws in the Administrative Regions of 232 Counties (Cities and Districts) under the Pilot Program including Daxing District of Beijing Municipality and 59 Counties (Cities and Districts) under the Pilot Program including Jizhou District of Tianjin Municipality

      II. The Contents of Administrative Regulations Formulated and Amended by the State Council in 2017 (22 items)

      1. Regulation on the Education of the Disabled

      2. Regulations on Disability Prevention and Recovery of the Disabled

      3. Decision of the State Council on Amending and Repealing a Portion of Administrative Regulations

      4. Regulation on Pesticide Administration

      5. Decision of the State Council to Amend the Regulation on the Land Expropriation Compensation and the Resettlement of Migrants for the Construction of Large- and Medium-Scale Water Conservation and Hydropower Projects

      6. Decision of the State Council on Amending the Regulation on the Supervision and Administration of Medical Devices

      7. Regulation on the Implementation of the Statistics Law of the People's Republic of China

      8. Decision of the State Council on Amending the Regulation on the Administration of Construction Project Environmental Protection

      9. Regulation on the Supervision and Administration of Financing Guarantee Companies

      10. Measures for the Investigation and Punishment of Unpermitted and Unlicensed Business Operations

      11. Regulation on Voluntary Services

      12. Regulation on Religious Affairs

      13. Decision of the State Council to Amend Certain Administrative Regulations

      14. Regulation on the Administration of Construction of Halls and Guesthouses by State Organs and Organizations

      15. Regulation on the Civilian Staff of the Chinese People's Liberation Army

      16. Decision of the State Council to Amend Certain Administrative Regulations

      17. Decision of the State Council to Repeal the Interim Regulation of the People's Republic of China on Business Tax and Amend the Interim Regulation of the People's Republic of China on Value-Added Tax

      18. Detailed Rules for the Implementation of the Counterespionage Law of the People's Republic of China

      19. Regulation on the Implementation of the Environmental Protection Tax Law of the People's Republic of China

      20. Decision of the State Council on Amending the Regulation on the Procedures for the Development of Administrative Regulations

      21. Decision of the State Council on Amending the Regulation on the Procedures for the Development of Rules

      22. Measures for Monopoly of Table Salt

      III. Judicial Interpretations Issued by the Supreme People's Court and the Supreme People's Procuratorate in 2017 (24 items)

      1. Provisions of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of the Confiscation Procedures for Illegal Income in a Case Where a Criminal Suspect or Defendant Escapes or Dies

      2. Provisions of the Supreme People's Court on Several Issues concerning the Trial of Administrative Cases involving Trademark Authorization and Confirmation

      3. Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in the Handling of Criminal Cases involving Sabotaging the Enforcement of Laws by Organizing and Utilizing Cult Organizations

      4. Arrangement of the Supreme People's Court for Mutual Entrustment in Evidence-Taking in Civil and Commercial Cases between Courts of the Mainland and the Hong Kong Special Administrative Region

      5. Several Provisions of the Supreme People's Court on the Audio-Video Recordings of Court Trials by the People's Courts

      6. Supplementary Provisions on the Interpretation II of the Supreme People's Court on Several Issues concerning the Application of the Marriage Law of the People's Republic of China

      7. Several Provisions of the Supreme People's Court on Issuing the Information on the List of Dishonest Judgment Debtors

      8. Provisions of the Supreme People's Court on Issues concerning Property Investigation during Enforcement in Civil Procedures

      9. Provisions of the Supreme People's Court on Several Issues concerning the State Compensation Supervision Procedures

      10. Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in the Handling of Criminal Cases of Infringing on Citizens' Personal Information

      11. Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in the Handling of Criminal Cases Involving Disturbing the Management Order of Radio Communications

      12. Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in Cases Involving Mining Right Disputes

      13. Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate’s on Several Issues concerning the Application of Law in the Criminal Cases Involving Organizing, Enforcing, Stimulating, Retaining, and Introducing Prostitution

      14. Official Reply of the Supreme People's Court regarding Issues concerning the Jurisdiction over Harm Caused by a Property Preservation Application Filed during an Action

      15. Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on the Several Issues regarding the Application of Law in the Handling of Criminal Cases of False Application Materials for the Registration of Drugs and Medical Devices

      16. Provisions of the Supreme People's Court on Several Issues concerning the Application of the Company Law of the People's Republic of China (IV)

      17. Decision of the Supreme People's Court on Repealing Certain Judicial Interpretations and Documents of a Judicial Interpretation Nature (Twelfth Group)

      18. Provisions of the Supreme People's Court on Case Acceptance Procedures for Administrative Retrial Repetitions

      19. Official Reply of the Supreme People's Court and the Supreme People's Procuratorate on Issues concerning Conviction and Sentencing for Activities of Profit-Making through Production, Reproduction, Selling, and Dissemination of Pornographic Electronic Information by Using Cloud Storage

      20. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Medical Damage Liability Cases

      21. Relevant Provisions of the Supreme People's Court on Issues concerning Applications for Verification of Arbitration Cases under Judicial Review

      22. Provisions of the Supreme People's Court on Several Issues concerning Trying Cases of Arbitration-Related Judicial Review

      23. Provisions of the Supreme People's Court on Several Issues concerning the Trial of Cases Involving Damages for Harm to Marine Natural Resources, Ecology and Environment

      24. Official Reply of the Supreme People's Procuratorate on Whether Paragraph 2(1) of Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in the Handling of Criminal Cases of Embezzlement and Bribery May Apply to the Embezzlement of Pension, Medical Care and Other Social Insurance Funds

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