Beijing, 20 Oct (Xinhuanet) -- The 31st session of the Standing Committee of the 13th National People's Congress was held in Beijing from 19 to 23 October to deliberate on the draft law on the promotion of family education, the draft law on anti-telecommunications network fraud, and other draft laws. The representatives of this rule of law class will take you to learn the relevant "knowledge points" together.
The Civil Procedure Law ushered in the fourth amendment: it is proposed to amend and improve the small claims procedure
The draft amendment to the Civil Procedure Law was submitted to the 31st Session of the Standing Committee of the 13th National People's Congress for deliberation on the 19th. Zhou Qiang, president of the Supreme People's Court, made an explanation of the draft.
The draft amendment further lowers the threshold for the application of small claims procedures, limiting the types of cases applicable to small claims procedures to "monetary payment" cases, and increasing the amount of applicable subject matter from the original "less than 30 percent of the average annual salary of employed persons in each province, autonomous region, and municipality directly under the Central Government in the previous year" to "less than 50 percent", and adding that the parties agree to choose the applicable model.
On the basis of fully protecting the rights of the parties, the Draft Amendment shortens the period for defending small claims cases and presenting evidence from 15 days to 7 days. In terms of trial methods, prosecution, defense, summons, service, trial and judgment documents may be simplified, and generally the trial shall be concluded at one time and the judgment pronounced in court. The trial period has been shortened from 3 months to 2 months. In addition, the draft also gives the parties the right to object to the procedure.
"Upholding people's democracy in the whole process" is to be written into 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) was submitted to the Standing Committee of the National People's Congress for deliberation on the 19th, and it is proposed to write "upholding people's democracy in the whole process" into law.
The draft amendment adds the following provisions: Local people's congresses at all levels, local people's congress standing committees at and above the county level, and local people's governments at all levels persist in taking the people as the center, upholding people's democracy throughout the process, always maintaining close ties with the people, listening to the people's opinions and suggestions, serving the people, being responsible to the people, and being supervised by the people.
Anti-Telecommunications Network Fraud Law Debuts: Proposed to Promote the Realization of "Real Names" and "Real People"
In recent years, the situation of telecommunications network fraud and criminal activities has been grim, accounting for a large proportion of criminal cases. On the 19th, the draft anti-telecommunications network fraud law was submitted to the Standing Committee of the National People's Congress for deliberation for the first time.
The draft proposes that the State Council establish a working mechanism for cracking down on telecommunications network fraud and coordinate the work of cracking down on governance. Relevant departments shall cooperate closely to achieve cross-industry and cross-regional coordination and rapid linkage, effectively preventing telecommunications network fraud activities.
The draft supports the research and development of technical measures to counter telecommunications network fraud, coordinates the construction of a unified monitoring system for cross-industry and enterprises, and provides institutional support for the use of big data to counter fraud.
To promote the realization of "real names" and "real people", the draft stipulates a registration system for the real information of telephone cards and Internet services; establishes and improves a due diligence system for financial business; and clearly stipulates that no unit or individual may illegally buy, sell, rent, or lend telephone cards, Internet of Things cards, bank accounts, payment accounts, and Internet accounts. Where the above conduct is committed, the relevant competent departments may carry out punishments.
Third instance of the draft law on the promotion of family education: Guardians should avoid increasing the burden of minors' learning
The draft Law on the Promotion of Family Education was again submitted to the Standing Committee of the National People's Congress for deliberation on the 19th.
In view of prominent problems such as some parents' excessive expectations of minor children and excessively heavy study burdens imposed on them, and some parents' neglect of discipline of minor children's addiction to the Internet, the draft draft proposes to stipulate that parents or other guardians of minors shall reasonably arrange time for minors to study, rest, recreation, and physical exercise, so as to avoid increasing the burden on minors' learning and prevent minors from becoming addicted to the Internet.
The third draft of the draft also puts forward more provisions on assistance for left-behind minors and families of minors in distress, and further clarifies the legal responsibility of the entrusted person for not performing the family education responsibility in accordance with the law under the circumstance of entrusting care.
The name of the draft Futures Law is proposed to be adjusted to the Draft Futures and Derivatives Law
Previously, the 28th session of the Standing Committee of the 13th National People's Congress conducted the first review of the draft Futures Law. The second reading draft of the draft revises the name of this law to "Futures and Derivatives Law" according to the suggestions of some Standing Committee members and relevant parties.
In the draft Law on Futures and Derivatives under consideration, the definition of futures trading is added, that is, the trading activities with futures contracts or standardized option contracts as the trading object; the definition of derivatives trading is added, that is, the trading activities other than futures trading, with non-standardized option contracts, swap contracts and forward contracts and their combinations as the trading targets; and the definition of futures contracts and option contracts is clarified.
Draft Amendments to the Law on the Quality and Safety of Agricultural Products: Further strengthen the quality and safety of agricultural products
The draft revision of the Law on the Quality and Safety of Agricultural Products was submitted to the 31st session of the Standing Committee of the 13th National People's Congress for deliberation on the 19th. The draft makes a series of provisions to ensure the "safety on the tip of the tongue" of the broad masses of the people.
In terms of improving the control measures for the whole process of agricultural product production and operation, the draft calls for the establishment of a monitoring system for the origin of agricultural products, strengthens the protection and management of agricultural products with geographical indications, stipulates that agricultural product production enterprises and farmers' professional cooperatives shall issue certificates of conformity for the quality and safety of edible agricultural products in accordance with the law, and be responsible for the quality and safety of the agricultural products they sell, and implement retrospective management of edible agricultural products listed in the catalogue of quality and safety traceability of edible agricultural products.
Second Instance review of the Draft Amendment to the Auditing Law: It is proposed to further enhance the use of audit results
The "Auditing Law of the People's Republic of China (Draft Amendment)" was submitted to the 31st Session of the Standing Committee of the 13th National People's Congress for deliberation on the 19th.
The second reading draft of the draft stipulates that the audit work report shall focus on the audit of budget implementation and its performance, and report on the audit of state-owned resources and state-owned assets in accordance with the provisions of relevant laws and administrative regulations.
In order to further enhance the use of audit results, the second reading draft of the draft adds a provision: audit results and rectification should be used as an important reference for formulating policies and improving systems.
Second Instance Trial of the Draft Law on Wetland Protection: It is proposed to increase penalties for illegal acts such as serious damage to natural wetlands
The 31st Session of the Standing Committee of the 13th National People's Congress heard a report by Hu Keming, vice chairman of the Constitution and Law Committee of the National People's Congress, on the revision of the draft law on wetland protection.
The second reading of the draft adds provisions for township and town people's governments and subdistrict offices to organize the masses to do a good job in the protection of wetlands in their respective jurisdictions, and villagers' committees and residents' committees to assist them. The second draft of the draft also adds the responsibilities of the competent water administrative departments for the protection of river and lake wetlands, the competent departments for natural resources for coastal wetlands, and the competent departments for housing and urban-rural construction for urban wetlands.
In accordance with the opinions of members of the Standing Committee, departments, and the public, the second reading draft of the draft also appropriately increases the amount of fines and increases the severity of penalties for illegal acts such as unauthorized occupation of important national wetlands and serious damage to natural wetlands.
Source: Xinhua News Agency