Posts tagged ‘NPC’

04/03/2013

* Reforms and Restructuring at the Chinese NPC Session: Managing Expectations

China Policy Institute: “This year’s Lianghui, the National People’s Congress (NPC) and People’s Political Consultative Conference (PPCC), is important in the sense that a new government will be “sworn in”.

npcd

Following last November’s Party Congress, the Premier-in-waiting will be confirmed at the NPC session. He will take up his position together with a whole new cabinet—following the forming of a new Central Committee of the Party, ministers are expected to be reappointed as well, with a five year term ahead.

But the more critical question is what policy initiatives will the new government press ahead in order to show that it is the right government for the country. The new Party leadership emerged out of the last November’s Party Congress carries a strong mandate of “reform”. Now that the honeymoon effect between the new leadership team and the country is starting to fade away, citizens are watching carefully what the leadership indeed has to offer in terms of real actions.

Before the Party’s Congress, there was already indication that the new leadership team would take structural reforms quite seriously. There was indication that Xi Jinping was already commissioning reform proposals throughout the last 1-2 years. Li Keqiang, to be confirmed as Premier at this Lianghui, was also quick to signal that he was a reform guy and his government will take concrete reform measures. But it will be too early to expect the leadership team to roll out a comprehensive reform plan at this Lianghui. Between the conclusion of November’s Party Congress and this Lianghui, there was simply not enough time to forge a consensus among the Party elite.

The main preoccupation of the last three months have been lining up the provincial leaders and working out the political appointments of state agencies, which will be unveiled at the end of the NPC session. In fact, the Party Plenum (the second of this new Central Committee) that closed last night (28 Feb 2013) explicitly said in its communique that it had agreed on the political appointment list for state agencies. It did not give explicit promises of reform policies that are soon to come.”

via China Policy Institute Blog » Reforms and Restructuring at the NPC Session: Managing Expectations.

19/09/2012

# How China is ruled: National People’s Congress

BBC News: ”

Under China’s 1982 constitution, the most powerful organ of state is meant to be the National People’s Congress (NPC), China’s parliament. In truth, it is little more than a rubber stamp for party decisions.

The congress is made up of nearly 3,000 delegates elected by China’s provinces, autonomous regions, municipalities and the armed forces. Delegates hold office for five years, and the full congress is convened for one session each year.

This sporadic and unwieldy nature means that real influence lies within a standing committee of about 150 members elected from congress delegates. It meets every couple of months.

In theory, the congress has the power to change the constitution and make laws. But it is not, and is not meant to be, an independent body in the Western sense of a parliament.

NPC meetings are more about spectacle than power

For a start, about 70% of its delegates – and almost all its senior figures – are also party members. Their loyalty is to the party first, the NPC second.

Independence

What actually tends to happen, therefore, is that the party drafts most new legislation and passes it to the NPC for “consideration”, better described as speedy approval.

The NPC has shown some signs of growing independence over the past decade. In a notable incident in 1999, it delayed passing a law bringing in an unpopular fuel tax. It has also been given greater leeway drafting laws in areas like human rights.

The congress also “elects” the country’s highest leaders, including the state president and vice-president, the chairman of the government’s own Military Affairs Commission and the president of the Supreme People’s Court.

But again, these elections are very different from the Western ideal.”

via BBC News – How China is ruled: National People’s Congress.

See also: https://chindia-alert.org/political-factors/

08/03/2012

* China highlights human rights in criminal procedure law revision

Extracted from Xinhua: “China’s legislature has underlined the principle of “respecting and safeguarding human rights” by explicitly writing it into a draft amendment to the nation’s Criminal Procedure Law.

The draft was submitted Thursday to the ongoing 5th session of the 11th National People’s Congress (NPC) for third reading. …

Since China is in a transition period with prominent incidence of conflicts, the number of criminal cases remains large and severe violent crimes are on increase, Wang Zhaoguo, vice chairman of the Standing Committee of the National People’s Congress (NPC), said. …

China’s criminal justice system should be improved step by step based on the country’s reality, he said, summarizing, “Improvements should be made to keep up with the times without surpassing the present realities or blindly copying any foreign judicial and litigation systems.”

PREVENTING TORTURE OF SUSPECTS

… The draft amendment, for the first time, has made clear that confessions extorted through illegal means, such as torture, and witness testimony and depositions of victims obtained illegally, such as by violence or threats, should be excluded during the trials.

To institutionally prevent extortion of confession by torture, the draft has regulated that suspects be sent to a detention facility for custody after being detained or arrested and be interrogated there. The process of interrogation shall be audio or video-taped. …

“The revisions on ruling out illegal evidence and strictly regulating the procedure of collecting evidence will effectively curb torturing practices,” he went on.

REVIEWING DEATH PENALTY

The draft amendment also specifies the procedures for the Supreme People’s Court to review death penalty cases in order that such cases will be handled “with sufficient care” and “legal oversight” will be strengthened. According to the draft, the supreme court shall issue an order approving or disapproving a death sentence after reviewing it. If the supreme court overrules the death sentence, it may remand the case for retrial or revise the judgement thereof. …

“The proposed revisions will improve the procedure and guarantee the legal oversight necessary before taking somebody’s life,” he said.

LAWYERED UP

A proposed revision allowing the criminal suspect to engage a lawyer as his defense counsel when the police first interrogate him has been widely welcomed by lawyers. Under the current law, a suspect can only have a defense counsel when the case is handed over to prosecutors. Lawyers can only provide legal help for suspects under police investigation. …

DEFINING HOUSE SURVEILLANCE

The draft amendment defines the measure of house surveillance and stipulates the conditions for its application. …

NOTIFYING FAMILY

The draft amendment also strictly limits exceptions to the provisions of notifying family members of the suspect after a coercive measure is adopted.

The current law, while providing that a person’s family be notified within 24 hours of their detention or arrest, also gives two exceptions — one is under the circumstance where the notification may obstruct investigation, and the other is if his or her family can not be reached.

Under the proposed revision, for a person under arrest, the first exception is deleted since “obstruct investigation” is ambiguous.

In cases of detention, the draft amendment regulates that, only when he is involved in crimes of endangering national security and terrorism, the police may not inform his family for fear of hindering investigation.

It also stipulates that, for people under house surveillance in a designated place, their families should be informed within 24 hours after the coercive measure is taken, unless they can not be reached.”

http://news.xinhuanet.com/english/china/2012-03/08/c_131453966.htm

Although some Western human rights campaigners are bound to assert: “not far enough”, the very fact that this issue is being taken into account in the new criminal procedure law revision must be a step in the right direction. In many ways, the Communist Party is demonstrating that it is maturing and slowly but surely getting less fraught about subversion. It is realising that most of the protests are about tangible problems often caused by over zealous or, worse, corrupt local officials and not about challenging the power or authority of the Party.

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