Wang Chen: Explanation on the Organic Law of the People's Republic of China on Local People's Congresses at All Levels and Local People's Governments at All Levels (Draft Amendment).

Explanation on the Organic Law of the People's Republic of China on Local People's Congresses at All Levels and Local People's Governments at All Levels (Draft Amendment).

——At the Fifth Session of the 13th National People's Congress on March 5, 2022

Wang Chen, vice chairman of the Standing Committee of the National People's Congress

Delegates,

　　Entrusted by the Standing Committee of the National People's Congress, I will give an explanation on the Organic Law of the People's Republic of China on Local People's Congresses at All Levels and Local People's Governments at All Levels (Draft Amendment).

　　First, the necessity and significance of the revision

　　The Local Organization Law is the basic law on the organization and work system of local people's congresses and local governments, the legislative implementation of the provisions of the Constitution on the construction of local political power, and an important institutional guarantee for local organs of state power and administrative organs at all levels to exercise their functions and powers and perform their duties. Article 95 of the Mainland Constitution stipulates: "The organization of local people's congresses at all levels and local people's governments at all levels shall be prescribed by law. The Local Organic Law was adopted and promulgated at the Second Session of the Fifth National People's Congress in July 1979. Since then, in accordance with the development and changes of the situation, five amendments have been made in 1982, 1986, 1995, 2004 and 2015 to promote the work and construction of local government organs to keep pace with the times and develop and improve. Since the Eighteenth National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping as the core has attached great importance to the work and construction of state power organs, and has made a series of major arrangements, promoted a series of major tasks, and achieved a series of major achievements in unswervingly following the path of socialist political development with Chinese characteristics, adhering to and improving the system of people's congresses, developing people's democracy in the whole process, adhering to and improving the socialist administrative system with Chinese characteristics, and building a government governance system with clear responsibilities and administering according to law. The report of the Nineteenth National Congress of the Communist Party of China put forward the "Improvement of the Organic Law of State Organs"; the Fourth Plenary Session of the Nineteenth Central Committee of the Communist Party of China decided to put forward "improving the organizational system, election system and rules of procedure of the people's congress", "strengthening the construction of local people's congresses and their standing committees", "optimizing the system of government responsibilities", and "perfecting the system and mechanism of giving full play to the enthusiasm of the central and local governments"; the resolution of the Sixth Plenary Session of the Nineteenth Central Committee of the Communist Party of China put forward that "we must adhere to the organic unity of the party's leadership, the people's mastery, and governing the country according to law, actively develop the whole process of people's democracy, and improve the comprehensive, extensive, An organically connected system of people's mastery." In October 2021, the Party Central Committee held a working conference of the Central People's Congress to make comprehensive arrangements and put forward clear requirements for upholding and improving the people's congress system and strengthening and improving the work of the people's congress in the new era.

　　To implement Xi Jinping Thought on the Rule of Law and General Secretary Xi Jinping's important thinking on upholding and improving the system of people's congresses, and to implement the major decision-making arrangements of the Party Central Committee and the spirit of the Work Conference of the Central People's Congress, it is necessary to revise and improve the local organic laws on the basis of conscientiously summarizing practical experience, further improve the organization and work system of local government organs, safeguard the authority of the Party Central Committee and centralized and unified leadership, and build a work system with clear powers and responsibilities from the central to the local level, running smoothly, and full of vitality; adhere to the people-centered, Serve the people wholeheartedly, continuously develop people's democracy throughout the process, and ensure that the people are masters of their own affairs; promote local people's congresses to strengthen and improve the work of people's congresses in the new era, promote local governments to comprehensively build a rule of law government with scientific functions, statutory powers and responsibilities, strict law enforcement, openness and fairness, intelligence and efficiency, honesty and integrity, and the people's satisfaction, and comprehensively improve their ability to perform their duties according to law.

　　(1) Amending the Local Organic Law is an inevitable requirement for upholding the Party's overall leadership in the new era and ensuring that the Party leads the people to effectively govern the country according to law

　　The leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics and the greatest advantage of the socialist system with Chinese characteristics. To uphold and improve the people's congress system in the new era, the most fundamental thing is to uphold the party's overall leadership and ensure that the party leads the people to effectively govern the country according to law. Local people's congresses at all levels and local people's governments at all levels are important components of the organs of state power. To strengthen the building and work of local organs of political power, we must uphold the supreme political principle of the party's overall leadership and ensure that all localities perform their duties according to law under the centralized and unified leadership of the party Central Committee. The "Opinions of the CPC Central Committee on Strengthening the Party's Political Building" clearly points out that in formulating and revising relevant laws and regulations, it is necessary to clearly stipulate the legal status of the party's leadership in the relevant work; the requirements for upholding the party's overall leadership should be enshrined in the organic laws of the people's congresses, governments, courts, and procuratorates, and the system and regulations for the party's leadership over these organs should be perfected, so as to ensure that they always carry out their work proactively, independently, responsibly, and in a coordinated manner under the leadership of the party. Amending the Local Organic Law and making it clear that local people's congresses and local governments uphold the leadership of the Communist Party of China is an important measure to safeguard the authority of the Party Central Committee, centralized and unified leadership, and ensure the smooth flow of central government decrees, which is conducive to giving full play to the party's role as the core of leadership in overseeing the overall situation and coordinating all parties, and ensuring that the party's line, principles, policies, and decision-making arrangements are fully implemented and effectively implemented in local work.

　　(2) The revision of the local organic law is a major measure to continuously develop people's democracy throughout the whole process and ensure that the people are the masters of their own affairs

　　The people's mastery is the essence and core of socialist democratic politics and the life of socialism. General Secretary Xi Jinping pointed out: "The people's mastery is the unswerving goal of our party. To develop socialist democratic politics is to embody the will of the people, protect the rights and interests of the people, stimulate the people's creative vitality, and use the system to ensure that the people are masters of their own affairs. "To uphold and improve the system of people's congresses, we must uphold the people's dominant position, support and ensure that the people exercise state power through the people's congresses, and develop people's democracy throughout the process." Local people's congresses at all levels are local organs of state power, all of which are democratically elected, responsible to the people, and subject to the supervision of the people; local people's governments at all levels are local state administrative organs, all of which are elected by the people's congresses at their respective levels, are responsible to the people's congresses, and are subject to the supervision of the people's congresses. Local people's congresses and governments at all levels, especially those at the county and township levels, are closer to the grass-roots level and close to the masses of the people, should consciously practice the people-centered development thinking, continuously expand the people's orderly political participation under the leadership of the party, practice democratic elections, democratic consultation, democratic decision-making, democratic management, and democratic supervision in accordance with the law, and ensure the people's right to know, participate, express, and supervise through legal and orderly channels, channels, methods, and procedures, and ensure that the party and the state are in decision-making, implementation, and supervision. The voices of the people can be heard in all aspects of supervision and implementation. Revise the Local Organization Law, make it clear that local people's congresses and local governments adhere to the people-centered approach, which is conducive to practicing the major concept of people's democracy throughout the process, improving the working mechanism for absorbing public opinion and pooling people's wisdom, improving the platform and carrier for expressing democracy and public opinion, and ensuring that the people's mastery is concretely and realistically implemented in the country's political and social life.

　　(3) The revision of the local organic law is to thoroughly implement the strategic deployment of the Party Central Committee for comprehensively ruling the country according to law and to promote the institutional guarantee for comprehensively ruling the country according to law

　　Ruling the country according to law is the basic strategy of the party leading the people to govern the country, and the rule of law is the basic way for the party to lead the people to govern the country. The basic strategy of upholding and developing socialism with Chinese characteristics in the new era established by the Nineteenth National Congress of the Communist Party of China, the significant advantages of the mainland state system and the national governance system summarized by the Fourth Plenary Session of the Nineteenth Central Committee of the Communist Party of China, and the major innovative content of Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era further clarified by the Sixth Plenary Session of the Nineteenth Central Committee of the Communist Party of China have all highlighted the strategic position and great significance of comprehensively governing the country according to law. The mainland has entered a new stage of development, and to comprehensively implement the new development concept, build a new development pattern, and promote high-quality development, it is necessary to adhere to and improve the socialist rule of law system with Chinese characteristics, persist in ruling the country according to law, ruling according to law, and administering according to law, and adhere to the integrated construction of a country ruled by law, a government ruled by law, and a society ruled by law, so as to provide a more complete rule of law guarantee for the comprehensive construction of a modern socialist country. An important purpose of revising the Local Organic Law is to thoroughly implement the Party Central Committee's strategic plan for comprehensively governing the country according to law, comprehensively implement the plan for the construction of a rule-of-law China and the implementation outline for the construction of a rule-of-law government, clarify the relevant responsibilities of local people's congresses and local governments, clarify the principles and requirements of a rule-of-law government, and promote the construction of a rule-of-law China to take new steps and create new achievements in the new journey of comprehensively building a modern socialist country.

　　(4) Amending the local organic law is a practical need to uphold and improve the system of people's congresses, deepen the reform of party and state institutions, and promote the modernization of the national governance system and governance capacity

　　The people's congress system is an important part of the socialist system with Chinese characteristics, and it is also the fundamental political system that supports China's national governance system and governance capacity. Revise the Local Organic Law, implement the spirit of the Central People's Congress Work Conference, comprehensively strengthen the construction and work of local people's congresses and their standing committees, further enrich and improve the functions and powers of local people's congresses and their standing committees, appropriately increase the number of members of the standing committees of the people's congresses at the provincial, districted, and municipal levels, improve the establishment of special committees and standing committees of local people's congresses, make it clear that the standing committees of the people's congresses of counties and autonomous counties may set up working bodies in the streets, and improve the organization and work system of local people's congresses. In the system of local state power, local people's congresses and their standing committees should be made political organs that consciously uphold the leadership of the Communist Party of China, organs of state power that ensure that the people are the masters of their own affairs, working organs that fully undertake all the duties entrusted by the Constitution and laws, and representative organs that always maintain close ties with the masses of the people.

　　Deepening the reform of party and state institutions is a profound change in promoting the modernization of the national governance system and governance capabilities, and is a major political task related to the overall situation of the party and the country's cause. Since the Eighteenth National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping as the core has closely focused on the overall goal of improving and developing the socialist system with Chinese characteristics and promoting the modernization of the national governance system and governance capacity, and promoted the comprehensive deepening of reform to develop in depth. The Third Plenary Session of the Nineteenth Central Committee of the Communist Party of China made comprehensive arrangements for deepening the reform of party and state institutions, and the reform tasks of local institutions were generally completed, and a series of important achievements were achieved. The revision of the local organic law is to thoroughly sum up the major achievements and valuable experiences achieved in deepening the reform of the party and state institutions, establish the achievements of various institutional innovations and good practices in practice in the form of laws, and further consolidate the basic legal system that supports the national governance system and governance capabilities. This is of great significance to improving the institutional mechanism for giving full play to the enthusiasm of the central and local governments, ensuring that local people's congresses, governments, and other local political power organs at all levels better divide labor, cooperate, and cooperate with each other, and effectively organize the cause of national modernization.

　　Second, the guiding ideology of revision, the principles to be followed and the work process

　　To revise the local organic law, we must adhere to the guidance and fundamental observance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th Party Congress and the 19th Plenary Session of the Party and the spirit of the relevant provisions of the revised Constitution, adhere to the organic unity of the party's leadership, the people's mastery, and governing the country according to law, adapt to the new situation and new requirements, improve and perfect the organization and work system of local political power organs, better adhere to and improve the system of people's congresses, and continuously develop people's democracy throughout the whole process. Give full play to the unique advantages of socialist democratic politics with Chinese characteristics, and promote the modernization of the national governance system and governance capabilities.

　　The principles to be followed in the revision work: First, implement Xi Jinping Thought on the Rule of Law and General Secretary Xi Jinping's important thinking on upholding and improving the system of people's congresses, implement the spirit of the Central People's Congress Work Conference, regard upholding the party's overall leadership as the highest principle for the activities and construction of local political power organs, resolutely safeguard the authority of the Party Central Committee and centralized and unified leadership, and ensure the correct political direction of the activities and construction of local political power organs. The second is to adhere to the people-centered approach, fully consider the characteristics of local people's congresses and local governments being close to the grass-roots level and close to the masses, fully reflect the new achievements and new experiences in the work, construction and grass-roots governance of local political organs, expand the people's orderly political participation, smooth the channels for the expression and reflection of the masses' demands, and continuously develop people's democracy throughout the process. The third is to fully reflect the new changes in the setup and functions of relevant local people's congresses and government institutions at all levels after deepening the reform of party and state institutions, summarize the good practices in local practices, and better play the important role of local people's congresses and local governments in promoting the modernization of the national governance system and governance capabilities. The fourth is to strictly follow the systems, principles, and regulations established by the Constitution, maintain the stability and continuity of the organization, powers, and work of local organs of political power; and in principle, do not modify the contents of the current local organic law that can be changed or not. Fifth, pay attention to properly handling the relationship between the local organic law and the Organic Law of the National People's Congress, the Law on Representation, the Law on Legislation, the Supervision Law, the Budget Law, and other relevant laws, and do a good job in linking laws.

　　The Party Central Committee with Comrade Xi Jinping as the core attaches great importance to the work and construction of local people's congresses and the revision and improvement of local organic laws. In July 2019, General Secretary Xi Jinping made important instructions on the work of local people's congresses and their standing committees, emphasizing that local people's congresses and their standing committees should creatively do a good job in legislation and supervision in accordance with the requirements of the Party Central Committee on the work of people's congresses and in combination with local realities. In October 2020, the Standing Committee of the National People's Congress made amendments to the Election Law to appropriately increase the number of people's congress deputies at the districted cities, municipal districts, counties, autonomous counties, and townships without districts. In September 2021, General Secretary Xi Jinping presided over a meeting of the Standing Committee of the Political Bureau of the Central Committee to hear and approve in principle the request and report of the Party Group of the Standing Committee of the National People's Congress on issues related to the draft amendment to the Local Organic Law. In October 2021, the Party Central Committee held a working conference of the Central People's Congress, and General Secretary Xi Jinping delivered an important speech. General Secretary Xi Jinping's important thinking on upholding and improving the people's congress system provides important guidance and fundamental compliance for the revision and improvement of local organic laws.

　　According to the legislative work arrangement, the Legislative Affairs Commission of the Standing Committee of the National People's Congress launched the revision of the local organic law in early 2021, and after extensive solicitation of opinions from all sides and careful study, put forward a draft amendment to the local organic law. During the period, the following work was mainly carried out: First, it deeply studied and comprehended Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, especially General Secretary Xi Jinping's important thinking on upholding and improving the system of people's congresses, and the spirit of the important exposition on developing people's democracy in the whole process, organized and carried out special research, conscientiously sorted out the relevant bills, suggestions, proposals, and opinions and suggestions put forward by NPC deputies and CPPCC members in recent years, and studied and drafted the first draft amendment to the local organic law. Second, the Legislative Affairs Commission of the Standing Committee of the National People's Congress has held many forums to listen to the opinions and suggestions of relevant central departments, experts, and scholars, and to continuously revise and improve the draft amendments on the basis of the opinions of all quarters. The third is to print and distribute the draft amendments to the Local Organic Law to the relevant departments and units of the central authorities, the relevant working bodies of the special committees and standing committees of the National People's Congress, the standing committees of the people's congresses of various provinces (autonomous regions and municipalities directly under the Central Government), the legislative contact points at the grass-roots level, and some colleges and universities and research institutions to solicit opinions. The fourth is to conduct research in some places to understand the actual situation and work experience of localities.

　　In October 2021, the 31st session of the Standing Committee of the 13th National People's Congress conducted its first review of the draft amendment to the Local Organic Law. The members of the Standing Committee generally believe that the draft amendment thoroughly implements Xi Jinping Thought on the Rule of Law and General Secretary Xi Jinping's important thinking on upholding and improving the people's congress system, highlights the party's overall leadership over the work of local political power organs, clarifies the guiding ideology and principles for the construction of local political power organs, and improves the organization and work system of local people's congresses and local governments, which is conducive to promoting the comprehensive rule of law and the construction of a socialist country ruled by law, continuously developing people's democracy in the whole process, and promoting the modernization of the national governance system and governance capabilities. In December 2021, the 32nd session of the Standing Committee of the 13th National People's Congress conducted a re-examination of the draft amendment to the Local Organic Law, and it was generally believed that the second draft of the amendment implemented the major decision-making arrangements of the Party Central Committee and the spirit of the Central People's Congress Work Conference, summarized the new achievements and new experiences in the construction of local political power organs, and better absorbed the deliberation opinions of the members of the Standing Committee and the opinions of all parties, and has matured, and decided to submit the draft amendment to the Local Organization Law to the Fifth Session of the 13th National People's Congress for deliberation.

　　After being deliberated by the npc standing committee at two sessions, the draft amendment to the local organic law was published twice on the Chinese website to solicit public opinions; the General Office of the NPC Standing Committee issued the draft amendment to the 13th NATIONAL PEOPLE's congress deputies, and organized and deployed the npc deputies to study and discuss and solicit opinions. On January 21, 2022, the Constitution and Law Committee of the National People's Congress held a meeting to further revise and improve the draft amendment to the local organic law on the basis of the deliberation opinions of the members of the Standing Committee of the National People's Congress, the opinions put forward by the deputies in the study and discussion, and the opinions of various parties. The Constitution and Law Committee of the National People's Congress held that after deliberation at the two sessions of the NPC Standing Committee, extensive solicitation of opinions, and many revisions and improvements, the draft amendments to the local organic law have fully absorbed the opinions and suggestions of all quarters and are relatively mature. Accordingly, the Organic Law of the People's Republic of China on Local People's Congresses at All Levels and Local People's Governments at All Levels (Draft Amendment) was formed and submitted to the current session for deliberation.

　　3. The main contents of the draft amendment to the Local Organic Law

　　The Organic Law of the People's Republic of China on Local People's Congresses at All Levels and Local People's Governments at All Levels (Draft Amendment) consists of 48 articles, the main amendments are as follows:

　　(1) Enrich the content of the chapter "General Provisions"

　　1. Implement the spirit of the Party Central Committee on strengthening the Party's overall leadership and strengthening the Party's political building, clarify the guiding ideology of local people's congresses and local governments in upholding the party's leadership and the party and the state, and add provisions: Local people's congresses at all levels, local people's congress standing committees at or above the county level, and local people's governments at all levels adhere to the leadership of the Communist Party of China, adhere to Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thinking of "three represents", the scientific outlook on development, Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era is guided and exercises its functions and powers in accordance with the Constitution and laws. (Article 4 of the Draft Amendment)

　　2. Implement General Secretary Xi Jinping's major concept of practicing people-centered development thinking and developing people's democracy in the whole process, and add provisions: Local people's congresses at all levels, local people's congress standing committees at or above the county level, and local people's governments at all levels adhere to the people-centered approach, adhere to the whole process of people's democracy, always maintain close contact with the people, listen to the opinions and suggestions of the people, serve the people, be responsible to the people, and be supervised by the people. (Article 5 of the Draft Amendment)

　　3. In accordance with the spirit of the relevant provisions of the Constitution, clarify the responsibilities of local people's congresses and local governments in the unification of the rule of law in the country, and add provisions: Local people's congresses at all levels, local people's congress standing committees at or above the county level, and local people's governments at all levels follow the principle of giving full play to the initiative and enthusiasm of localities under the unified leadership of the central authorities, ensuring the smooth flow of central government decrees and ensuring the implementation of the Constitution, laws, and administrative regulations in their respective administrative regions. (Article 6 of the Draft Amendment)

　　4. Implement the principle of democratic centralism, and add provisions: Local people's congresses at all levels, local people's congress standing committees at or above the county level, and local people's governments at all levels implement the principle of democratic centralism. Local people's congresses at all levels and local people's congress standing committees at or above the county level shall fully carry forward democracy and collectively exercise their functions and powers. Local people's governments at all levels implement a chief responsibility system. Major matters in government work shall be decided through collective discussion. (Article 7 of the Draft Amendment)

　　(2) Improve relevant provisions on the organization, functions and powers of local people's congresses at all levels and their standing committees

　　1. Appropriately increase the number of members of the Standing Committee of the People's Congress at the provincial, districted, and municipal levels. At present, the number of members of the standing committee of the provincial people's congress is stipulated in the 1979 local organic law, which has not been revised for more than 40 years, and the number of members of the standing committee of the districted municipal people's congress has not been adjusted since 2004. Local people's congress standing committees play an important role in local legislation, supervision, and other work. Mainland provinces, autonomous regions, municipalities directly under the Central Government, districted cities, and autonomous prefectures generally have a relatively large population, and economic and social development is facing major tasks, and ensuring an appropriate number of members of the Standing Committee is conducive to optimizing the structure of the members of the Standing Committee, increasing the representativeness and extensiveness of the members of the Standing Committee, pooling the wisdom of the masses, fully carrying forward democracy, and improving the quality of legislative and supervisory work. The work conference of the Central People's Congress clearly pointed out that the number of members of the standing committees of the people's congresses at the provincial, districted, and municipal levels should be appropriately increased. In this revision, it is proposed to increase the upper, lower, upper, lower, and maximum limits of the number of members of the standing committees of the people's congresses at the provincial and districted municipal levels by 10 each. At the same time, the number of members of the local people's congress standing committees should be clarified and determined according to the size of the population and in light of the needs of the composition of the standing committees. (Paragraphs 2 and 3 of Article 22 of the Draft Amendment)

　　2. In accordance with the spirit of the Central People's Congress Work Conference and the actual conditions of local people's congress work, improve the setup of local people's congress special committees and standing committee working bodies, and enrich and refine the responsibilities of the standing committee chairmen's meeting and special committees. First, it is clarified that the people's congresses at the provincial, districted and municipal levels may, as needed, try to form committees, financial and economic committees, education, science, culture and health committees, environment and resource protection committees, social construction committees, and other special committees that need to be established (Article 17 of the Draft Amendment). Second, it is clarified that local people's congress standing committees shall, in accordance with the needs of their work, set up offices and work bodies such as legislative affairs committees, budget work committees, and deputies' work committees; the standing committees of county and autonomous county people's congresses may, in accordance with the relevant provisions of this Law, set up working bodies in streets (Article 28 of the Draft Amendment). The third is to clarify the term of office, duties, and work of the special committees, stipulating that the term of office of the special committees is the same as that of the people's congresses at the same level, and that the performance of duties is until a new special committee is elected by the next people's congress; it submits motions to the presidium or standing committee of the people's congress at the same level; undertakes the specific organizational and implementation work of the standing committees of the people's congresses at the same level in hearing and deliberating special work reports, law enforcement inspections, special topic inquiries, and so on; and listens to special reports from the work departments of the people's governments at the same level and the supervision commissions, people's courts, and people's procuratorates. Study and supervise the handling of deputies' suggestions, criticisms, and opinions, and handle other work assigned by the people's congresses at the same level and their standing committees (Article 17 of the Draft Amendment). The fourth is to further clarify and refine the responsibilities of the chairmen's meetings of the local people's congress standing committees, and specifically list the matters that the chairmen's meetings handle in the important daily work of the standing committees (Article 26 of the Amendment Draft).

　　3. Implement the relevant spirit of the Party Central Committee, sum up local practical experience, and improve the functions and powers of local people's congresses and their standing committees. First, to refine and supplement the functions of local people's congress standing committees at all levels in examining and supervising the national economic and social development planning plans and budget final accounts, and in accordance with the spirit of the Budget Law and relevant central documents, add provisions: Local people's congresses at or above the county level and their standing committees at or above the county level examine and approve the outline of the national economic and social development plan and its adjustment plan; the standing committees of local people's congresses at or above the county level supervise the implementation of the outline, plans, and budgets of the national economic and social development plans within their respective administrative regions, and examine and approve the final accounts at their respective levels. Supervision and auditing have uncovered problems and rectified the situation; township and town people's congresses supervise the implementation of the budgets at their respective levels, examine and approve the adjustment plans for the budgets at their respective levels, and examine and approve the final accounts at their respective levels; and local people's congresses at or above the county level and their standing committees examine and supervise government debts. Second, it is necessary to strengthen the function of the people's congresses in supervising the management of state-owned assets, and add provisions: Local people's congresses at and above the county level supervise the management of state-owned assets by the people's governments at the same level; the standing committees of local people's congresses at or above the county level supervise the management of state-owned assets by the people's governments at the same level, and listen to and deliberate reports of the people's governments at the same level on the management of state-owned assets. The third is to enrich and refine the responsibilities of local people's congress standing committees, including hearing and deliberating relevant special work reports, organizing law enforcement inspections, and carrying out special inquiries; hearing and deliberating reports of people's governments at the same level on the annual environmental status and completion of environmental protection goals; and hearing and deliberating reports on the work of filing and review. Fourth, improve the system for people's congresses to discuss and decide on major matters, and add provisions: When local people's congress standing committees discuss major matters and projects within their respective administrative regions, they may make decisions or resolutions, and may also send relevant opinions and suggestions to relevant state organs or units for study and handling. Fifth, to meet the requirements of establishing and improving the system of honors and commendations for party and state merits, and in accordance with the opinions of relevant parties, the functions and powers of the local people's congress standing committee to "decide on the honorary titles conferred on localities" have been deleted. (Articles 11, 12 and 24 of the Draft Amendment)

　　4. Complete deliberative systems for local people's congresses and their standing committees. First, according to the practice of local people's congresses convening meetings during the prevention and control of the new crown pneumonia epidemic, it is added that the date of the convening of local people's congresses at all levels shall be decided by the standing committee of the people's congress at the same level or the presidium of the township people's congress; in case of special circumstances, the standing committees of local people's congresses at or above the county level or the presidium of the township people's congresses may decide to appropriately advance or postpone the convening of the meeting, and if the date of the meeting is advanced or postponed and cannot be decided at the current meeting, the standing committee or its authorized chairman meeting or the presidium of the township people's congress. It may be decided separately and published (Article 13 of the Draft Amendment). Second, it is clear that local people's congresses at all levels shall reasonably arrange the duration and agenda of meetings to improve the quality and efficiency of deliberations (Article 14 of the Amendment Draft). Third, on the basis of local practical experience, a provision has been added: Township and town people's congresses shall hear and deliberate the work reports of the presidium of township and town people's congresses; and chairmen of local people's congress standing committees at or above the county level may entrust deputy directors to preside over meetings of the standing committees (article 12, paragraphs 2, and 25 of the draft amendment).

　　5. Revise the content of the election of full-time leaders of local state organs on the basis of the actual conditions of local people's congress work and the opinions of relevant parties. First, in accordance with the opinions of the relevant departments and the actual practice over the years, the stipulation that the number of candidates for the full-time leadership of local state organs "generally one more person shall be elected by a margin" has been revised to "one more person may be elected by a margin" (Article 15 of the Draft Amendment). Second, it is clear that when the standing committees of local people's congresses at or above the county level are unable to hold their posts for any reason, they shall, on the basis of the nomination of the directors' meeting, decide on the election of deputy leaders from among the deputy leaders (Paragraph 8 of Article 24 of the Amendment Draft).

　　6. Strengthen and improve the work of deputies. Add provisions: First, the handling of suggestions, criticisms, and opinions of local people's congress deputies at all levels shall be reported by the standing committee office or the presidium of the township people's congress to the standing committee of the people's congress at the same level or the township people's congress, and shall be made public (paragraph 3 of article 18 of the draft amendment). Second, local people's congress deputies at all levels shall maintain close contact with the voters of the original constituency or the original electoral units and the masses of the people, listen to and reflect their opinions and demands, and give full play to their role in the development of people's democracy in the whole process; they shall also report to the voters of the original constituency or the original electoral unit on their performance of their duties (Article 19 of the Draft Amendment). Third, the standing committees of local people's congresses at or above the county level and all special committees and working bodies shall establish and improve the working mechanism for the members of the standing committee and the working bodies to contact deputies, support and guarantee deputies' performance of their duties according to law, expand deputies' participation in all kinds of work, and give full play to the role of deputies; the standing committees of local people's congresses at and above the county level shall, through the establishment of grass-roots contact points and liaison stations for deputies, closely maintain ties with the masses of the people, listen to legislation, and listen to the work of soliciting and deliberating. Opinions and Suggestions on Supervision and Other Work (Article 29 of the Amendment Draft).

　　(3) Improve relevant provisions such as the organization and powers of local people's governments at all levels

　　Local people's governments at all levels are elected by local people's congresses at all levels and are the executive organs of local people's congresses at all levels, and undertake important responsibilities for promoting economic and social development, managing social affairs, and serving the masses of the people. Implement the requirements of the Party Central Committee on accelerating the construction of a government governance system with clear responsibilities and administration according to law and the comprehensive construction of a rule of law government, in accordance with the spirit of the "Outline for the Implementation of the Construction of a Rule of Law Government (2021-2025)" issued by the CPC Central Committee and the State Council, and summarize the practical experience of promoting administration according to law and building a rule of law government since the 18th National Congress of the Party, the draft amendment to the Local Organization Law has added the following provisions:

　　1. Set up a special section to clarify the principles and requirements for the construction of local governments. Add provisions: First, local people's governments at all levels shall safeguard the authority of the Constitution and the law, persist in administering according to law, and build a rule of law government with scientific functions, statutory powers and responsibilities, strict law enforcement, openness and fairness, intelligence and efficiency, honesty and creditworthiness, and the satisfaction of the people. Second, local people's governments at all levels should adhere to the people-centered approach, serve the people wholeheartedly, improve administrative efficiency, and build a service-oriented government. Third, local people's governments at all levels should strictly implement the regulations on honest administration, strengthen the building of a clean and honest administration, and build a clean and honest government. Fourth, local people's governments at all levels shall adhere to the principle of creditworthiness, strengthen the establishment of creditworthiness in government affairs, and build a creditworthy government. Fifth, local people's governments at all levels shall adhere to the openness of government affairs, comprehensively promote the disclosure of decision-making, implementation, management, services, and results, disclose government information in a lawful, timely, and accurate manner, promote the orderly sharing of government affairs data, and increase the transparency of government work. Sixth, local people's governments at all levels shall adhere to scientific decision-making, democratic decision-making, and decision-making according to law, and improve the quality of decision-making. Seventh, local people's governments at all levels shall accept supervision in accordance with law to ensure that administrative power is correctly exercised in accordance with law. (Articles 31 to 37 of the Draft Amendment)

　　2. In accordance with the relevant spirit of the Party Central Committee, summarize local practical experience, and improve relevant provisions on the functions and powers and work of local governments. First, provisions have been added: Local people's governments at or above the county level shall prepare and implement the outline, plans and budgets of the national economic and social development plan and perform the duties of managing state-owned assets (paragraphs 1 and 2 of Article 38 of the Amendment Draft). The second is to supplement and improve the relevant functions and powers of township and town people's governments, and add provisions: Township and town people's governments prepare national economic and social development plans and budgets within their respective administrative regions (paragraph 1 of article 41 of the draft amendment). Third, it is clarified that local people's governments at or above the county level may establish cross-departmental command and coordination mechanisms according to the needs of responding to major emergencies (Article 44 of the Draft Amendment). Fourth, in accordance with the Constitution and relevant laws and regulations, clarify the relationship between grass-roots governments and grass-roots mass autonomous organizations, and add provisions: The people's governments of townships, ethnic townships, and towns, as well as the people's governments of municipal districts and cities without districts, or the subdistrict offices, shall give guidance, support, and assistance to the work of grass-roots mass autonomous organizations; and the grass-roots mass autonomous organizations shall assist the people's governments of townships, ethnic townships, and towns, and the people's governments of municipal districts and cities without districts, or subdistrict offices ,(Article 46 of the Amendment Draft).

　　3. Clarify the procedures and requirements for local governments to formulate normative documents. Add provisions: Local people's governments at or above the county level formulating normative documents shall go through procedures such as assessment and argumentation, public solicitation of opinions, legality review, and collective deliberation and decision, and publish them in accordance with legally prescribed requirements and procedures, and file them with the standing committee of the people's congress at that level. (Article 40 of the Draft Amendment)

　　4. Implement the spirit of the Party Central Committee on deepening the reform of party and state institutions, clarify that local governments shall establish necessary work departments in accordance with the needs of work and the principles of optimizing coordination, efficiency, and ability; the establishment, addition, reduction, or merger of the work departments of local people's governments at or above the county level shall be submitted for approval in accordance with the prescribed procedures, and reported to the Standing Committee of the People's Congress at the same level for the record. (Article 42 of the Draft Amendment)

　　5. In accordance with the spirit of the Party Central Committee on strengthening the modernization of the grass-roots governance system and governance capacity, the responsibilities of street offices are added (Article 45 of the Amendment Draft); it is clarified that the township people's governments and street offices may establish a system for residents to attend relevant meetings as observers according to the actual situation (Article 47 of the Amendment Draft).

　　(4) Add relevant content to meet the needs of the reform of the supervision system

　　In accordance with the relevant provisions of the revised Constitution and the Supervision Law, and in order to meet the needs of the structure of local "one government, one committee, two procuratorates" political power organs, provisions have been added: First, it is clear that the standing committees of local people's congresses at or above the county level supervise the work of the Supervision Commissions at their respective levels (Paragraph 4 of Article 24 of the Draft Amendment). The second is to clarify the procedures for nominating, electing, appointing, appointing, resigning, and other such procedures for the members of local Supervision Commissions at all levels; clarifying that chairmen of local Supervision Commissions at all levels attend meetings of people's congresses at their respective levels as observers; and clarifying the system for removing and dismissing the chairmen of Supervision Commissions and the system of questioning local Supervision Commissions at all levels (articles 11, paragraphs 3, 15, 16, 24, paragraphs 8 to 10, and 48 of the Draft Amendment). Third, it is clarified that members of local people's congress standing committees at or above the county level may not hold posts in the Supervision Organs (Paragraph 1 of Article 22 of the Draft Amendment).

　　(5) Clarify regional development cooperation mechanisms

　　Implement the national regional coordinated development strategy, summarize local practical experience and practices, and add provisions: First, the people's congresses at the provincial and districted city levels and their standing committees may carry out coordinated legislation according to the needs of coordinated regional development (article 10, paragraph 2, and article 23, paragraph 2 of the amendment draft). Second, local people's governments at or above the county level may jointly establish a working mechanism for regional coordinated development across administrative divisions to strengthen regional cooperation; people's governments at higher levels shall guide, coordinate and supervise the regional cooperation work of lower level people's governments (Article 43 of the Draft Amendment).

　　(6) Enrich and strengthen the awareness of the Chinese national community and improve relevant provisions

　　In accordance with the relevant provisions of the Constitution and the spirit of the Central Work Conference on Ethnic Minorities, local people's congresses and local governments have added to their duties such as "forging a solid sense of the Chinese national community" and "promoting extensive exchanges, exchanges, and blending among various ethnic groups, and revising "safeguarding the rights of ethnic minorities" to "safeguarding the legitimate rights and interests of ethnic minorities."; at the same time, when exercising their functions and powers, township people's congresses inhabited by ethnic minorities "shall adopt specific measures suited to the characteristics of the nationalities" and revised them to " Specific measures suited to the characteristics of ethnic groups may be adopted in accordance with the scope of authority prescribed by law"; "respect for the customs and habits of ethnic minorities" in the functions and powers of local people's governments at all levels may be revised to "guarantee the freedom of ethnic minorities to maintain or reform their own customs and habits". (Article 11, Paragraph 4, Article 12, Paragraphs 3 and 4, Article 38, Paragraph 3, and Article 41, Paragraph 2)

　　In addition, some changes and improvements have been made in terms of wording and legal coherence, stipulating the contents of Chapters II, III and IV in subsections, and adjusting the order of some articles.

　　Please consider the Organic Law of the People's Republic of China on Local People's Congresses at All Levels and Local People's Governments at All Levels (Draft Amendment) and the above explanations.

　　(Xinhua News Agency, Beijing, March 5)