The socialist and legal systems with Chinese characteristics are a set of mechanisms that are feasible, effective and efficient. Promoting a more mature and structural socialist system with Chinese characteristics is a key task. 

On Oct 19, 2021, Shen Chunyao, chairman of the Legislative Affairs Commission of the Standing Committee of the National People's Congress (NPC), gave a report on the introduction of the draft amendment to the Organic Law of the Local People's Congresses and Local People's Governments.

The Organic Law is the basic law concerning the local power system in the country, and is an important system guarantee for local people's congresses and governments. The law was passed by the second session of the fifth NPC in July 1979. Five revisions were made in 1982, 1986, 1995, 2004 and 2015.

Shen said that revising the law is a vital measure to uphold the Party's overall leadership and strengthen the construction of local governments.

"Revising and perfecting the law is essential to better adhere to the fundamental purpose of serving the people wholeheartedly, implementing people-centered development thinking, developing the people's democracy and utilizing the unique advantages of socialist democratic politics with Chinese characteristics. It ensures that all people can safeguard their legitimate rights and interests," Shen said.

Make important changes in four areas 

Local people's congresses and governments at all levels are important to the State's power. It is necessary to ensure that all localities perform their duties in accordance with the law under the centralized and unified leadership of the Party.

The draft amendment adds provisions: local people's congresses at all levels, the standing committees of local people's congresses at and above the county level, and the local people's governments at all levels should uphold the leadership of the Communist Party of China (CPC) and exercise powers in accordance with the Constitution and laws.

The draft amendment also clarifies the responsibilities of local people's congresses and governments in the comprehensive rule of law and adds relevant provisions to implement the principle of democratic centralism.

The amendment increases the number of members of the standing committees of the people's congresses at the levels of provinces and cities with districts. With reference to the 2015 amendment to the law to increase the maximum number of members of the standing committees of the county-level people's congresses by 8 to 10, it is proposed to increase the maximum number of members of the standing committees of provinces and cities with districts by 10 respectively.

"Ensuring an appropriate number of members of the standing committee is conducive to optimizing the structure of the members of the standing committee, increasing its representativeness and broadness, the pooling of ideas, the promotion of democracy and improving the quality of legislation and supervision," Shen said.

In addition, the revised draft perfects the powers of local people's congresses and their standing committees, strengthens the work of deputies and regulates the establishment and names of special committees of people's congresses at the levels of provinces and cities with districts. 

A special section has been revised to clarify the rule of law. Local people's governments at all levels should maintain the authority of the Constitution and laws, adhere to the administration according to law, build a government of the rule of law with scientific functions, statutory powers and responsibilities, strict law enforcement and be open and fair, intelligent, efficient, clean and honest.

The draft also states that local governments at all levels should follow procedures for legal review, risk assessment, collective discussion and decision-making. The local governments shall set up work departments in accordance with the needs and the principles of optimization, coordination, efficiency and leanness.

It strives to meet the requirements of the CPC Central Committee on deepening reform of the Party and State institutions. The revised draft adds provisions to clarify that directors of the local supervisory commissions at all levels should attend the meetings of the people's congresses at the corresponding levels as non-voting participants. The procedures for the nomination, election, appointment, removal, and resignation of members of local supervisory commissions at all levels should be transparent. It also clarifies the removal system for directors of the supervisory commissions and the inquiry system for local supervisory commissions at all levels. It states that members of the standing committees of local people's congresses at and above the county level shall not serve as members of supervisory commissions.

"The third plenary session of the 19th CPC Central Committee made comprehensive arrangements for deepening the reform of the Party and State institutions. All localities implemented the decisions and arrangements of the Central Committee of the CPC. The reform tasks have been generally completed and a series of results were achieved," Shen said.

Meeting participants discussed the amendment: the time is right

"The NPC Standing Committee implements the major decisions and deployments of the CPC Central Committee, summarizes practical experiences and learns from good practices of the National People's Congress Organic Law and the NPC rules on procedures. It is necessary to modify the local organic law," said Zhang Guangrong, a member of the NPC's Environmental Protection and Resources Conservation Committee.

"Opinions have been widely solicited from all parties for the draft amendment to the local organic law, which has been studied in depth. It is relatively mature. This amendment is of great significance for advancing the modernization of the national governance system," said Guo Zhenhua, deputy secretary-general of the NPC Standing Committee.

The revision of the State Council Organic Law is also included in the current legislative plan.

Since 2015, in order to better perform the supervisory functions of the NPC, Sichuan, Jilin, Guangzhou and other local people's congresses have established budgetary affairs commissions to undertake the review and supervision of budget and final accounts, supervision over State-owned assets and law enforcement, and fiscal and taxation legislation.