Beijing | 3 p.m. July 28, 2022
Speakers
Tang Yijun, deputy director of the Office of the Rule of Law Commission of the Central Committee of the Communist Party of China (CPC) and minister of justice
Xu Anbiao, a member of the Standing Committee of the National People's Congress (NPC) and deputy director of the Legislative Affairs Commission of the Standing Committee of the NPC
Gao Jinghong, justice and vice president of the Supreme People's Court
Chen Guoqing, grand prosecutor and deputy prosecutor general of the Supreme People's Procuratorate
Xiong Xuanguo, a member of the Office of the Rule of Law Commission of the Central Committee of the Communist Party of China (CPC) and vice minister of justice
Gan Lin, vice minister of the State Administration of Market Regulation and commissioner of the State Anti-Monopoly Bureau
Chairperson
Speakers:
Tang Yijun, deputy director of the Office of the Rule of Law Commission of the Central Committee of the Communist Party of China (CPC) and minister of justice
Xu Anbiao, a member of the Standing Committee of the National People's Congress (NPC) and deputy director of the Legislative Affairs Commission of the NPC Standing Committee
Gao Jinghong, justice and vice president of the Supreme People's Court (SPC)
Chen Guoqing, grand prosecutor and deputy prosecutor general of the Supreme People's Procuratorate (SPP)
Xiong Xuanguo, a member of the Office of the Rule of Law Commission of the CPC and vice minister of justice
Gan Lin, vice minister of the State Administration of Market Regulation and commissioner of the State Anti-Monopoly Bureau
Chairperson:
Chen Wenjun, spokesperson of the Publicity Department of the CPC Central Committee
Date:
July 28, 2022
Chen Wenjun:
Ladies and gentlemen, good afternoon. Welcome to this press conference held by the Publicity Department of the CPC Central Committee. Today, we are holding the 18th press conference under the theme of "China in the past decade." We will brief you on China's achievements in promoting the rule of law in the new era and answer your questions.
Advancing the rule of law is an important part of the four-pronged strategy, which consists of legislation, law enforcement, administration of justice, public legal education and other work. Specifically, the Office of the Rule of Law Commission of the CPC is responsible for researching major issues concerning the rule of law, and coordinating and supervising the implementation of relevant major decisions and arrangements. The Legislative Affairs Commission of the Standing Committee of the NPC, the State Administration of Market Regulation, the SPC, the SPP, and the Ministry of Justice (MOJ) are responsible for legislation, law enforcement, administration of justice, and public legal education.
The authorities attending today's press conference are very representative, including the State Administration for Market Regulation, which is an extremely important law enforcement agency in this field and concerns the vital interests of the common people. Next, I would like to introduce the speakers who are attending today’s press conference. They are: Mr. Tang Yijun, deputy director of the Office of the Rule of Law Commission of the CPC Central Committee and minister of justice; Mr. Xu Anbiao, a member of the NPC Standing Committee and deputy director of the Legislative Affairs Commission of the NPC Standing Committee; Mr. Gao Jinghong, justice and vice president of the SPC; Mr. Chen Guoqing, grand prosecutor and deputy prosecutor general of the SPP; Mr. Xiong Xuanguo, a member of the Office of the Rule of Law Commission of the CPC and vice minister of justice; and Ms. Gan Lin, vice minister of the State Administration of Market Regulation and commissioner of the State Anti-Monopoly Bureau.
Now, I would like to give the floor to Mr. Tang for his introduction.
Tang Yijun:
Ladies and gentlemen, friends from the press, good afternoon. Welcome to the press conference. I would like to extend my sincere thanks for your long-term attention, interest and support regarding the work concerning rule of law.
Since the 18th CPC National Congress, the CPC Central Committee with Comrade Xi Jinping at its core has integrated the rule of law into the four-pronged strategy and pushed ahead with it. The fourth plenary session of the 18th CPC Central Committee rolled out more than 180 major reform measures. For the first time, a plenary session of the CPC Central Committee was dedicated to researching comprehensive law-based governance. The 19th CPC National Congress drew up a grand blueprint for basically building a country, government and society based on the rule of law by 2035. The third plenary session of the 19th CPC Central Committee decided to set up the Office of the Rule of Law Commission of the CPC to strengthen the centralized and unified leadership of the Party on law-based governance in China. The central conference on work related to overall law-based governance held in November 2020 marked the first time research was conducted into and deployments were made related to law-based governance in the form of a Party central conference, recognizing the status of Xi Jinping Thought on the Rule of Law as the guiding thought for law-based governance in China. In the past decade since the 18th CPC National Congress, thoughts on law-based governance have taken shape, led the way and contributed to China's progress.
The guiding position of Xi Jinping Thought on the Rule of Law has been fully established.
In the practice of leading the whole Party and the whole country to advance rule of law, General Secretary Xi Jinping, with the profound insight and theoretical creativity as a Marxist statesman, thinker and strategist, combined the Marxist theory of the rule of law with China's reality and China's excellent traditional legal culture, and proposed a series of original and representative new concepts, new ideas and new strategies, which led to the formation of Xi Jinping Thought on the Rule of Law. A new leap has been made in adapting Marxist theory of the rule of law to the Chinese context and the needs of the times. Xi Jinping Thought on the Rule of Law has pointed the way forward and provided the fundamental guidelines for the overall rule of law in the new era.
The Party's leadership over the comprehensive law-based governance has been stronger.
We have adhered to and strengthened the Party's centralized and unified leadership of comprehensive law-based governance, and established and improved the system and mechanism for the Party to lead the work related to the rule of law. General Secretary Xi Jinping serves as the head of the Rule of Law Commission of the CPC, researching and solving major issues in comprehensively advancing rule of law. Centralized leadership, efficient decision-making, unified deployments and coordinated advancements have been made. We have strengthened top-level design. A plan to build the rule of law in China (2020-2025), an outline on promoting the building of a rule of law government (2020-2025), and an outline on promoting the building of a rule of law society (2020-2025) were rolled out. The primary Party and government officials are the first to be held accountable for law-based governance. Offices of rule of law commissions at the provincial, city and county level have been set up to strengthen the organization, leadership and overall coordination in advancing the rule of law in all regions, and to ensure the implementation of all major decisions and arrangements of the CPC Central Committee on comprehensively advancing law-based governance.
Significant progress has been made in comprehensively advancing law-based governance.
We have upheld law-based governance, law-based exercise of power and law-based government administration, and adopted a holistic approach to promote rule of law across the nation, in government and throughout society. We have endeavored to ensure that a well-conceived approach is taken to legislation, that the law is strictly enforced, that justice is impartially administered, and that the law is observed by everyone. We have accelerated the building of a socialist rule of law system with Chinese characteristics, comprehensively strengthened the implementation and supervision of the Constitution, compiled the Civil Code, formulated the Law on Safeguarding National Security in the Hong Kong Special Administrative Region, and revised and improved the Hong Kong election system. By the end of June 2022, more than 730 laws and administrative regulations have been formulated and revised. With 292 currently valid laws and 598 administrative regulations, the socialist legal system with Chinese characteristics is constantly being improved. We have deepened the reform of the administrative system and promoted the implementation of the "three systems" of administrative law enforcement publicity system, law enforcement process record system, and review system for major law enforcement decisions, in order to set examples and strengthen inspection. The building of a law-based government has been steadily advanced. We have deepened the reform of the judicial system, with a focus on the judicial responsibility system, advanced the reform of the criminal litigation system centered on court trials, and promoted the separation of the handling of complex and simple civil lawsuits. We have strictly implemented the three provisions to prevent judicial interference, and carried out a special campaign to crack down on organized crime and local mafia. We have overturned wrongful verdicts in accordance with the law and safeguarded social fairness, justice and the rule of law more effectively. The "seventh five-year" public legal education plan was fully implemented, the "eighth five-year" plan has been solidly advanced, and awareness of the rule of law throughout the whole society has been significantly improved. We have continued to promote the resolution of outstanding problems in the field of the rule of law, and the people's sense of gain, happiness and security under the rule of law have been continuously enhanced.
Law-based governance has supported reform and development, achieving remarkable achievements.
We have improved laws and regulations and introduced guiding opinions to strengthen the legal guarantee of major national development strategies. These include the comprehensive deepening of the reform and opening up in Hainan province, the coordinated development of Beijing, Tianjin, and Hebei province, the construction of the Guangdong-Hong Kong-Macao Greater Bay Area, and the construction of the Shenzhen pilot demonstration zone. We have adhered to the principle of preventing and controlling the epidemic in accordance with the law, ensuring the coordinated development of the epidemic response and socio-economic development. Legal systems have been improved to forestall and defuse major financial risks, legislation and law enforcement of ecological environment protection have been strengthened, and rural construction under the rule of law has been advanced. These efforts have provided a robust legal guarantee and effective legal service to ensure the success of the three critical battles against major risks, poverty, and pollution. We have followed the spirit that the rule of law can provide the best business environment and have taken stronger actions against monopolies and unfair competition. We have taken a coordinated approach to advance the rule of law at home and in matters involving foreign parties, accelerated the strategic planning for the rule of law on issues related to foreign parties, and applied law-based thinking and approaches to safeguard China's sovereignty, security and development interests effectively.
Team building capacity has been continuously improved.
We have implemented the guiding principle of important speeches of General Secretary Xi Jinping and carried out activities for in-depth study of the CPC's history and improving the team's conduct. We have strengthened the capacity building of the legislative and law-enforcement units, and promoted the personnel quota system for judges and procurators as well as separate post ranks for the police, making our team more regularized, professional, and dedicated to the revolution. We have continued to promote the construction of the public legal service system and see that our legal service teams of lawyers, notaries, judicial authenticators, arbitrators, and mediators, among others, have continued to grow. As of June 2022, there were 605,000 lawyers and more than 37,000 law firms across the country. We have improved China’s unified qualification exam system for legal professionals. Since the 18th CPC National Congress, a total of 1.029 million persons have been certified for a legal professional qualification, further strengthening the education and theoretical research on the science of law and fostering many high-quality personnel and reserve forces.
We have made historical achievements and seen historical changes in comprehensively promoting law-based governance in the new era. Such achievements were obtained because of the leadership of General Secretary Xi Jinping at the core of the CPC Central Committee and the whole Party and the sound guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, especially Xi Jinping Thought on the Rule of Law. Going forward on the new journey, we will continue to strive and forge ahead, providing a solid legal guarantee for achieving the second centenary goal and national rejuvenation.
That's my brief introduction to law-based governance in the new era. Now, we are ready to answer your questions.
_ueditor_page_break_tag_Chen Wenjun:
Thanks, Mr. Tang. The floor for questions is open now. Please identify the media outlet you represent before raising questions.
China Media Group:
You mentioned that since the 18th CPC National Congress, historic achievements have been made, and changes have taken place in the law-based governance in all respects. What is the most significant landmark achievement over the past decade? How does it influence the rule of law in China? Thanks.
Tang Yijun:
Thanks for your questions. You raised a very important question. I just said that since the 18th CPC National Congress, the CPC Central Committee with Comrade Xi Jinping at its core has positioned, arranged, and enforced the rule of law from an overall and strategic perspective. This has led us to a new development of law-based governance in all respects. The most significant landmark achievement is the establishment of Xi Jinping Thought on the Rule of Law, which was established as the guiding principle of law-based governance in all respects. Xi Jinping Thought on the Rule of Law is a major theoretical innovation established per the requirements of the national rejuvenation and the latest achievement in adapting the Marxist theory of the rule of law to the Chinese context and the needs of the times.
Xi Jinping Thought on the Rule of Law has combined Marxist theory of the rule of law with the practices of the law-based governance in China and the exemplary components of Chinese traditional legal culture. It has made comprehensive, systematic, and profound theoretical creation and practical innovation based on inheriting and developing. It proposed a series of new and landmark concepts and strategies with originality and integration. It has made significant original and historical contributions to the development of the Marxist theory of the rule of law, clarified the way forward, and provided fundamental guidance for further promoting the rule of law in all respects in the new era.
First, it has put forward and systematically discussed the fundamental ideas such as the CPC's leadership being the soul of the rule of law under socialism with Chinese characteristics and upholding the rule of law under socialism with Chinese characteristics being the only correct path. This will promote law-based governance in all respects in the new era to constantly develop in the right direction.
Second, it has put forward and systematically discussed our stance and position, such as committing to a people-centered approach and insisting on promoting rule of law for the people and by the people. It helps our people feel more fulfilled, secure, and happier in the field of the rule of law in the new era.
Third, it has put forward and systematically discussed strategic issues. It argues that comprehensively promoting law-based governance is an extensive and profound revolution in national governance. It also argues that we should give full play to the critical role of the rule of law in consolidating the foundations, stabilizing the expectations, and maintaining long-term development. It has included comprehensive law-based governance in the new era into the Four-pronged Comprehensive Strategy and put it into excellent practice.
Fourth, it has put forward and systematically discussed the issues concerning overall development, such as the overall goal, the overall starting point, primary tasks, work plans, and critical tasks of the law-based governance in all respects. It drew up the general blueprint, road map, and working plans for comprehensively promoting law-based governance in the new era.
Fifth, it has put forward and systematically discussed key issues, including building a high-quality working team with integrity and ability, and giving full play to the role of the leading officials, to ensure that law-based governance in all respects in the new era advances in a sound and sustained manner.
Sixth, it has put forward and systematically discussed major issues such as accelerating the strategic layout of law-based governance in matters involving foreign parties and speeding up the construction of the extraterritorial application of the legal system of China, safeguarding China's sovereignty, security and development interests by law-based thinking and approaches.
Marching on the new journey towards the goals to achieve the second centenary goal and national rejuvenation, we must thoroughly study and implement Xi Jinping Thought on the Rule of Law and unswervingly uphold the rule of law under socialism with Chinese characteristics. We believe that under the scientific guidance of Xi Jinping Thought on the Rule of Law, we will push forward the rule of law under socialism with Chinese characteristics to new stages. Thank you.
_ueditor_page_break_tag_Red Star News:
The protection of property rights is an important gauge of the rule of law. The property rights system is the cornerstone of the effective operation of the socialist market economy. What progress has been made by the people's courts in recent years? Are there any typical cases? Thank you.
Gao Jinghong:
Thank you for your question. Since the 18th CPC National Congress, the people's courts have implemented General Secretary Xi Jinping's requirements for strengthening the protection of property rights in trial and law enforcement, promoting judicial protection of property rights to make further progress.
First, relevant judicial policies have been improved. A series of normative documents, including Opinions on the Judicial Protection of Property Rights and Guidelines on Supporting Development in Micro-, Small-, and Medium-Sized Enterprises have been introduced, integrating the idea of law-based, equitable, and comprehensive protection of property rights into judicial interpretations and trial cases. The people's courts have worked hard to prevent and stop taking economic disputes as criminal offenses when handling cases and turning civil liability into criminal responsibility, making property more secure and rights better protected.
Second, the exemplary role of typical cases has been fully played. Twenty typical cases concerning the protection of property rights and the lawful rights and interests of entrepreneurs have been issued in three groups, telling profound lessons through small cases and sending positive messages to the whole of society to strengthen the protection of property rights in a more vivid and direct way.
Third, the people's courts have given full play to the role of the judiciary in the protection of intellectual property rights (IPR). The reform on IPR adjudication has been consistently deepened and innovation has been protected in accordance with the law, pioneering a path for judiciary protection of IPR with Chinese characteristics. Since 2013, 21 judicial interpretations of IPR, such as punitive compensation and 21 judicial policies, have been adopted, and a series of typical cases have been issued. Malicious infringements of IPR have been punished in accordance with the law. All these efforts have contributed to fostering an open, fair, and equitable environment for the development of science and technology.
Fourth, the idea of kind and civil execution has been thoroughly implemented. The people's courts have combined compulsory execution with procedure-based execution and legal punishment with judicial care and have adopted coercive measures that have as little impact on debtors as possible so as to achieve win-win outcomes for all through reined execution.
Fifth, misjudged cases have been identified and corrected in accordance with the law. The people's courts have acted in accordance with the requirement that convictions that are totally wrongful should be rectified totally; the convictions that are partially wrongful should be rectified partially; and all the mistakes should be corrected accordingly. Shouldering the responsibility of law and history, since 2017, the people's courts have identified and corrected wrongful convictions of 287 people and 231 criminal cases concerning property rights in accordance with the law, including major cases such as the case of Zhang Wenzhong, yielding favorable results.
Thank you.
_ueditor_page_break_tag_Southern Metropolis Daily:
Strengthening the rule of law in the healthcare sector is of great significance to its healthy development. Our weaknesses in this regard have been exposed by COVID-19. What has been done to strengthen legislation in the healthcare sector and provide legal safeguards for public health? What progress has been made? Thank you.
Xu Anbiao:
Thank you for your questions. Prosperity for all is impossible without health for all. Health is the common pursuit of the people. The rule of law is a strong guarantee for the development of healthcare. Over the past decade, China has proactively advanced legislation in healthcare and strengthened legal safeguards for public health. The Coordination Team under Central Committee for Comprehensive Law-based Governance has fully played its role as a coordinator for legislation, actively coordinating and promoting legislation in healthcare and introducing important legislation in a timely manner.
First, the Law on the Promotion of Basic Medical and Health Care, the fundamental and comprehensive law in healthcare, has been enacted. The idea of big health and big healthcare has been fully implemented, and basic principles, major systems, and measures of safeguards of healthcare have been developed. The practical experience of medical reform has been summarized; the tiered diagnosis and treatment system and family doctor services have been promoted; the primary-level healthcare service system has been established and improved; and the career development mechanism linking counties, townships, and villages has been developed. All of these efforts have contributed to channeling quality medical resources down to the community level.
Second, the Pharmaceutical Administration Law has been revised, and the Vaccine Administration Law has been enacted. These two laws have fully implemented General Secretary Xi Jinping's requirement of applying the most rigorous standards and taking the strictest supervision and the harshest penalties and accountability for violations, giving top priority to the safety and health of the people. By improving the evaluation and approval systems for medicine, boosting the reserve and supply systems, and strengthening whole-process supervision over research, production, and distribution of vaccines, these two laws have ensured the safety, effectiveness, and accessibility of medicines and vaccines.
Third, the Law on Traditional Chinese Medicine has been enacted. The management system, in accordance with characteristics of traditional Chinese medicine, has been built; the uniqueness and advantages of traditional Chinese medicine have been preserved and exploited to the fullest; and the development of the traditional Chinese medicine service system has been advanced.
These laws have been tested in the practice of fighting against COVID-19 and have played critical roles.
In the wake of COVID-19, the Standing Committee of the National People's Congress has made work plans for the enactment and revision of laws to strengthen the system of legal guarantees for public health. Great progress and achievements have been made to strengthen the enactment and revision of laws, which can be summarized into three "a group ofs.”
A group of important laws have been formulated, revised, and introduced. The formulation of the Biosecurity Law has improved the prevention and control system for biosecurity risks, including outbreaks of new infectious diseases and major animal or plant epidemics. The Physician Law has been enacted, protecting the most admirable people in the new era with the rule of law; the decision has been made for a complete ban of illegal wildlife trade; and the Animal Quarantine Law has been revised. As public health covers a lot of ground, specific regulations have been made regarding the enactment and revision of other relevant laws.
A group of draft laws have been submitted for the deliberation of the Standing Committee of the National People's Congress, including the Emergency Response and Management Law, the Wildlife Protection Law, and the amendment of the Stock-breeding Law.
A group of important laws are being drafted and revised. The enactment and revision of laws, including the Law on the Prevention and Treatment of Infectious Diseases, the Law on Preparedness for and Response to Public Health Emergencies, and the Frontier Health and Quarantine Law, are being proactively advanced. Thank you.
_ueditor_page_break_tag_Cover News:
The sentence bargaining system has attracted great attention from the public since arrangements were made during the 4th Plenary Session of the 18th Party Central Committee. What changes have been brought about by the sentence bargaining system to the criminal justice system? What achievements have been made in advancing the modernization of national governance? In the application of the system, how can the judiciary strike a balance between punishment and deterrence and tolerance and incentive to ensure fairness and justice? Thank you.
Chen Guoqing:
Thank you for your questions. Since the 18th CPC National Congress, as the economic society has developed comprehensively, China's public security has continuously improved. The pattern of crimes committed across the country has changed remarkably with a continuous decrease in serious crimes and a constant increased proportion of 80% taken up by misdemeanor cases. Since the formal establishment of the system of sentence bargaining in the October of 2018, under the strong leadership of the CPC Central Committee and the close coordination between procuratorial organs and other political legal organs, we have actively implemented the system. At present, the application rate of this system has maintained above 85%. It's fair to say that we have achieved normalized application of such a system, which has played a major role in accelerating the upgrading of the mode of criminal procedure to be collaborative and the transformation from focusing on "criminal punishment" to "good governance" so as to promote the modernization of national governance.
The effects of this system have been mainly demonstrated in the following aspects. Firstly, the punishment of crime has been implemented in a more effective and timely manner. Since the suspects and defendants pleaded guilty and accepted their punishments, judicial organs could ascertain the facts of the crimes in a timely manner. It has also been helpful to divide and disintegrate crimes. Secondly, it has played an important role in promoting social harmony and stability. The system of sentence bargaining is conducive to resolve social problems and safeguard the legitimate rights and interests of victims. At present, it has become a norm for defendants to plead guilty as the appeal rate reduced to 3.8 percent after the first trial, 15.4 percentage points lower than that of other criminal cases. Thirdly, the rights of the concerned parties have been better protected. A total of 3.339 million suspects and defendants have received legal assistance from duty lawyers in accordance with the law. The application rate of non-custodial coercive measures has continuously increased. Procurotorial organs have provided judicial aid to 72,000 victims who live in trouble resulting from criminal violations. Fourth, fairness and justice have been promoted in a better and faster way. We have shortened the time from investigation to trial for misdemeanor cases that are suitable for the system of sentence bargaining. Among those cases, the percentage taken up by the ones that are applicable to quick judging procedure and summary procedure reached 74.6%, greatly improving the efficiency of litigation and saving judicial resources.
Certainly, it should be emphasized that the system of sentence bargaining doesn't mean uniform leniencies for all cases. In dealing with sentence bargaining cases, procurotorial organs should fully and accurately implement the criminal policy of combining punishment with leniency. For those crimes that seriously endangered national security and public security, serious violent crimes, gang crimes, crimes harming vulnerable groups such as women and children, and other crimes with strong subjective malignancy and egregious circumstances, we should implement severe punishments regardless of a guilty plea or punishment acceptance. For those misdemeanor cases with circumstances of severe publishment, we should deal with those strictly and cautiously grasp the scope of lenient punishment. Thank you.
_ueditor_page_break_tag_Economic Daily:
Law enforcement is an important part of achieving the rule of law. The starting points of many law enforcement tasks are highly relevant to the interests of the people. I would like to ask, over the past decade, what efforts has the State Administration of Market Regulation made in strengthening market supervision and law enforcement to better protect the interests of the people? Thank you.
Gan Lin:
Thank you for your question, as well as the concern and support for the field of market supervision and law enforcement from media friends. Mr. Tang has introduced the reforms and effects made by the State Administration of Market Regulation since the 18th CPC National Congress. The State Administration of Market Regulation was established in 2018 after institutional reforms, demonstrating the transformation of government functions as well as an important reform achievement in building a modern market system. It has achieved the integration of 600,000 market supervision personnel in the fields of law enforcement resources, institutions, and functions, streamlining to one team law enforcement team and further enhancing synergy brought by reforms. I would like to cite a set of statistics to demonstrate the effects of reforms.
According to the statistics, this year, the average time period to settle a complaint on the well-known platform, 12315, was cut to 10 days, a 70.6% reduction compared to 2018. The success rate of mediation grew by 30%. The customer satisfaction score increased from 71.7 in 2017 to 80.6 in 2021, up by nine points within four years, which is not an easy task. To be specific, I will answer the question from the following three aspects, known as "three insistences."
Firstly, we have insisted on systematic thinking, building modernized supervision and law enforcement system in a holistic and integrated manner. We have integrated law enforcement resources. Given the wide range covered by law enforcement items in the field of market regulation, we have implemented a total of 258 laws, regulations, and rules. We have formulated 71 relevant laws and regulations over the past five years since the reform, basically realizing "six unifications" of directory of law enforcement guidance, the procedure of administrative execution, report and complaint platform, and so on. At the same time, we have carried out joint supervision and punishment mechanism featuring the basic approach of "random selection of cases and market inspectors and timely results publication." We have rolled out targeted regulations towards various credit risks of different levels, fully implemented information publicity of law enforcement, recording of the whole process of law enforcement, and legal review of major law enforcement decisions. Meanwhile, we have promoted digital reforms such as smart supervision and handheld law enforcement. Moreover, we have advanced the three sets of combination of prevention and governance, punishment and education, and law enforcement and popularization of law, comprehensively utilizing multi-tiered monitoring tools. Some local departments have explored new law enforcement methods such as "no penalty for the first breach" and "exemption from penalty for minor breaches" in a bid to ensure the coordination of legal effects and social harmony.
Secondly, we have insisted on serving overall interests and strengthening law enforcement in key areas. We have resolutely maintained the market order related to the epidemic in accordance with the law. Since the outbreak of the epidemic, we have seized a total of 138 million problematic masks and cracked down on 15,900 price gouging cases. We have fully banned the wildlife trade, provided solid support to the overall situation of epidemic prevention and control, continuously carried out anti-arbitrary charge campaigns and returned over 320 million yuan of fees back to enterprises, and played a part in stabilizing the macro-economic market. Moreover, we have actively participated in a set of campaigns such as a crackdown on gang crimes, a fishing ban in the Yangtze River basin, and a fight against pornography and illegal publications. In all major political activities of the Party and country, we have firmly held the bottom line of safety supervision and vigorously regulated marketing behaviors and advertising orientations in a bid to build a sound and orderly market environment.
Thirdly, we have insisted on the people-oriented law enforcement concept and taken combined measures to ensure the implementation of comprehensive law enforcement. As part of our efforts to carry out the "four most" requirements, which are the strictest standards, supervision, punishment, and accountability, we have launched a set of campaigns to address food safety issues in campuses and rural areas as well as improve food qualities. Our case handling efficiency has increased by 60% over the past five years, playing a part in ensuring that every bite of food we eat is safe. At the same time, we have focused on the "key matters" around people and continuously carried out "iron fist" campaigns in the field of livelihood. We have severely cracked down on 16 kinds of illegal activities such as false advertising of "magic medicine," refurbishment of gas cylinders, and so on. We have severely investigated and dealt with malpractices of bottomless advertising, producing inferior children's toys, illegal measuring with glasses, and so on, in a bid to protect the health and safety of minors. Meanwhile, we have carried out campaigns to address the issues in the health care market and pension fraud issues so as to protect the property security of the elderly.
For the next step, the State Administration of Market Regulation will regard Xi Jinping Thought on the Rule of Law as our guidance, ensuring that all areas and the whole process of market supervision and law enforcement reflect people's interests and wishes, safeguard their rights and interests, and improve people's well-being. We will further improve the efficiency of regulations and law enforcement in a bid to constantly enhance people's sense of fulfillment, happiness, and security. Thank you.
_ueditor_page_break_tag_Bloomberg:
I have two questions to ask. The first question is China implemented the Personal Information Protection Law last year. Can you share with us some information as to how these cases are progressing? What areas are you focusing on in enforcing this law? Do you have other legislation plans to protect people's privacy? The second question is on the anti-foreign sanction law that was put in place last year, have there been any specific cases yet? Thank you.
Xu Anbiao:
Thank you for your interest in China's promotion of the rule of law. You raised two important questions. The first one is about legislation on personal information protection. The internet has become a new space for production and life, a new engine for economic growth, and a new link for exchange and cooperation. The collection and use of personal information in cyberspace are pervasive, affecting everyone and attracting a great deal of attention. China attaches great importance to personal information protection. Since the 18th CPC National Congress, the NPC and its standing committee have adopted the Decision on Strengthening Online Information Protection, formulated the Cybersecurity Law and the E-commerce Law, and revised the Law on the Protection of Rights and Interests of Consumers, thus establishing the basic rules for personal information protection. In addition, through adopting the Criminal Law Amendment, the provisions on punishing crimes that jeopardize personal information have been improved. Moreover, in the Civil Code, "personal information is protected by law" is recognized as an essential civil right.
The NPC Standing Committee deliberated over and passed the Personal Information Protection Law in August 2021, which went into effect on Nov. 1. Based on China's realities and international experiences, the law focuses on the outstanding problems and major public concerns in personal information protection. Based on existing laws, it further refines and improves the principles for personal information protection and also the rules for processing personal information. It clarifies the boundaries of rights and obligations in personal information processing and improves the working mechanisms for personal information protection. Furthermore, it stipulates strict legal liabilities for violating personal information protection rules, all in a bid to protect citizens' personal information effectively. For many articles of the Personal Information Protection Law to be implemented, there need to be supporting regulations, such as managing the collection of images in public places, managing personal information security, and evaluating the security of cross-border flows of personal information. Relevant departments have already introduced or are in the process of swiftly formulating such regulations. Apart from the Personal Information Protection Law, the NPC Standing Committee also passed the Data Security Law. In general, personal information protection involves a wide range of areas. We will further improve relevant rules and regulations to make the legal system for personal information protection tighter and sturdier.
Your second question is about the Law on Countering Foreign Sanctions. The law was adopted by the NPC Standing Committee and went into effect on June 10, 2021. Focusing on the unilateral sanctions of foreign countries in their attempt to interfere in China's internal affairs, the law reaffirms China's basic foreign policy, principles, and positions. It clarifies the circumstances, targets, and measures for countering foreign sanctions, thus providing a solid legal guarantee for China to take corresponding measures against foreign sanctions and oppose hegemonism and power politics. Since its adoption, China has countered foreign interference in its internal affairs under various pretexts based on it and firmly safeguarded its sovereignty, security, and development interests.
Thank you.
_ueditor_page_break_tag_The Poster News APP
Raising public awareness of the law is of fundamental importance for comprehensively advancing law-based governance and building a country of the socialist rule of law. Could you share efforts in this regard with us? How effective are the efforts? What steps will be taken next? Thank you.
Xiong Xuanguo:
Thank you for your concern and support for raising public awareness of the law, a work that needs strong support from news media.
Since the 18th CPC National Congress, the CPC Central Committee with Comrade Xi Jinping at its core has continually raised public awareness of the law and observance of law by all as a long-term work of fundamental importance to comprehensively advancing law-based governance. It has taken solid measures to strengthen Party leadership over efforts in this regard and continued to improve top-level designs. The seventh five-year plan for raising public legal literacy has come to a successful conclusion, and the eighth five-year plan has been started, which brought about continuous improvement in the public awareness of the law. The number of people resorting to law when they or their families are faced with unfair treatment is the highest compared with those choosing other means of solution, pointing to a marked rise in citizens' recognition of the rule of law, as shown by an analysis report about a national survey on public state of mind published by the National Bureau of Statistics.
In June 2021, the CPC Central Committee and the State Council distributed the eighth five-year plan for raising public legal literacy. To promote the plan's in-depth implementation, we will focus on three aspects of work.
First, we will give prominence to the study and promotion of Xi Jinping Thought on the Rule of Law. The study and promotion of Xi Jinping Thought on the Rule of Law, as the primary guidance and priority of the eighth five-year plan, will be one of the responsibilities of law enforcement personnel to promote legal awareness among the public. Efforts will be strengthened to explain Xi Jinping Thought on the Rule of Law in simple terms. The role of the local teams in raising public legal literacy under the eighth five-year plan, the 73 national bases for heightening public awareness of the rule of law, and the numerous legal knowledge promotion services in villages and communities will be leveraged to promote regular study and promotion of Xi Jinping Thought on the Rule of Law and increase its public appeal.
Second, we will support efforts to raise the legal awareness of leading officials and young people. We will compile a list of laws and regulations that top officials should grasp. Together with relevant departments, we will continue to include education on the rule of law into the general education plan for leading officials, the national education system, and the senior high school entrance and senior high school examinations.
Third, we will emphasize efforts to strengthen citizens' awareness of the rule of law. We will work to ensure that the pilot initiatives in Zhejiang province and seven other localities to improve citizens' legal literacy are successfully carried out. We will also study and draft the indicators for evaluating citizens' legal literacy. We will continue to strengthen citizens' perception of rights and obligations, their public awareness, and their awareness to safeguard rights in accordance with the law and make the rule of law a social consensus and basic norm. Thank you.
_ueditor_page_break_tag_Kyodo News:
The concept of law in China is different from that in Western countries. Is China's modern vision of law the same as that of Han Feizi, the great Legalist philosopher from ancient China? Thank you.
Xiong Xuanguo:
Thank you for your interest in the rule of law in China. I will give a brief answer to your question.
Due to the differences in economics, social systems, historical traditions, and cultural heritage in ancient and modern China and foreign countries, concepts often vary in recognition and understanding by people of different countries, ethnic groups, and times. As far as the concept of law is concerned, the first sentence of the Plan to Build the Rule of Law in China is perfect. "The rule of law is an important symbol of the progress of human civilization, the basic way of governing the country, and the unremitting pursuit of the Communist Party of China and the Chinese people." Therefore, for people from all over the world, good laws and good governance are common expectations and pursuits.
You just mentioned Han Feizi, a representative figure of the Legalist school of philosophy in ancient Chinese history. He represents the culmination of Legalist theories and puts forward many insightful propositions and viewpoints. More than 2,000 years ago, he said, "the country must be ruled by law, and the law must not favor the powerful," which means that everyone is equal before the law. He also proposed "teaching the law to the country," which means laws can't just be formulated but also must be taught to ordinary people. These points are insightful. Therefore, he significantly influenced the Chinese legal system and the Chinese rule of law culture.
In the historical process of comprehensively advancing law-based governance, we must vigorously carry forward the excellent traditional Chinese legal culture and actively learn from the outstanding achievements of human civilization on the rule of law. We must take root in Chinese culture and solve China's problems based on China's national conditions. We must unswervingly follow the path of the socialist rule of law with Chinese characteristics, and accelerate the building of such a system and the improvement of socialist rule of law in China. Thank you.
_ueditor_page_break_tag_Legal Daily:
Over the past two years, the Plan to Build the Rule of Law in China (2020-2025), the outline in pursuit of building a law-based society (2020-2025), and the an outline on promoting the building of a rule of law government t (2020-2025) have been issued and implemented. We'd like to know how the relevant departments promote the implementation of these three policies? In particular, how do they advance the building of a government based on the rule of law? Thank you.
Tang Yijun:
Thank you for your questions. Formulating these three policies, like establishing the beams and pillars of a house for the building of the rule of law in China, is a significant decision and arrangement made by the CPC Central Committee with Comrade Xi Jinping at its core to promote comprehensive law-based governance in the new era. The formulation and implementation of the policies mark the basic formation of the overall pattern of comprehensive law-based governance in the new era. Building a rule-of-law China with good laws and governance has begun a new journey.
The CPC Central Committee attaches great importance to implementing these policies. In February and September 2021, the Rule of Law Commission of the CPC Central Committee formulated and issued three division of labor plans for carrying out major measures involved in the policies. The Office of the Rule of Law Commission of the CPC Central Committee pushed to divide various important tasks and measures between relevant annual work plans and important missions. It has formulated and issued important supporting documents and measures such as the index system for better building law-based municipal and county governments, the index system for building law-based society, the opinions on strengthening the building of socialist legal culture, and the opinions on further strengthening the building of rule of law in cities and counties. The implementation of the three policies is being vigorously and effectively advanced, and the progress is generally smooth.
You specifically asked about building a government based on the rule of law just now, which is an excellent question. General Secretary Xi Jinping emphasized that forming a law-based government is the key task and main project of comprehensive law-based governance, and it is necessary to take the lead in making breakthroughs. The Office of the Rule of Law Commission of the Central Committee of the CPC, together with relevant departments, has taken a series of important measures to promote building a rule-of-law government.
First, we have promoted the improvement of the law-based administrative system. We strengthened legislation in key areas, emerging areas, and foreign-related areas and promoted the filing review of laws and regulations. We also cleaned up laws and regulations in areas like institution reform, free trade zone construction, and the implementation of the Civil Code. In the past decade, we have promoted the formulation and revision of more than 420 administrative regulations and abolished 59 after review.
Second, we have deepened reforms to streamline administration, delegate powers, improve regulation, and strengthen services. We have strived to create a market-oriented, law-based, and international business environment. All non-administrative approval items have been canceled, while administrative approval items have been greatly reduced. The governments of all provinces, cities, and counties have formulated and published lists of powers and responsibilities and continued to carry out the campaign of "reduction of certificates and more convenience for the people." We have pushed various localities and departments to clean up more than 21,000 certification items, effectively solving the problems of "absurd certification" and "repeated certification."
Third, we have actively promoted decision-making in accordance with the law. We formulated the interim regulations on major administrative decision-making procedures, comprehensively promoted the system of government lawyers and legal counsels, and further strengthened the review of the legality of administrative decisions.
Fourth, we have further promoted strict, standardized, impartial, and civilized law enforcement. We fully implemented the "three systems" of administrative law enforcement (regarding making the process public, recording the whole process, and legality review of major decisions) and organized and carried out pilot projects to build an administrative law enforcement coordination and supervision work system at the provincial, city, county, and township levels. Comprehensive law enforcement reforms in market supervision, ecological environment, agriculture, cultural markets, and transportation have been completed. We have strengthened the supervision of administrative reviews. Over the past ten years, administrative review agencies at all levels have handled more than 1.9 million administrative review cases, with an error-correction rate of 13.6%.
Fifth, we have deployed two batches of activities to construct rule-of-law demonstration governments nationwide. We selected 40 comprehensive demonstration areas and 24 single demonstration projects in the first batch, and the selection of the second batch is progressing in an orderly manner. All regions and departments attach growing importance to comprehensively building law-based governments. The efforts are increasing, and the results are becoming more impressive.
Sixth, we have conducted inspection work on building law-based governance nationwide. This work has achieved full coverage at the provincial level. We have summarized and promoted 24 typical experiences, such as Beijing government's regulations on quickly responding to people's appeals, and Ma'anshan city's ten-year fishing ban for ecological preservation along Yangtze River Basin. We have promoted the resolution of more than 80 typical issues, such as governmental departments' long-lasting non-payment of compensation, entrapment and administrative penalties that violate regulations. We also solved more than 820 various problems. So, the work has effectively made pressure felt, had responsibilities fulfilled, and promoted building a rule-of-law government. Thank you.
_ueditor_page_break_tag_China News Service:
The difficulty of filing lawsuits was an issue the people were strongly concerned about in the past. What measures have the people's courts taken to address this problem over the past decade? And what progress has been made? Thank you.
Gao Jinghong:
Since the 18th CPC National Congress, the people's courts have implemented reform of the case-filing registration system, meaning that the longstanding difficulty people had filing lawsuits is now history. In order to help people resolve their disputes in a more convenient, inclusive and cheaper way and give them more diverse choices, the people's courts have created a "one-stop, diversified service system for dispute resolution and litigation," which is unique worldwide, blazing a new path with Chinese characteristics that can ensure justice for the people.
First, we have shaped a model of coordinated governance and dispute resolution under the leadership of the Party committee to highlight China's advantages. Relying on the leadership of the Party, we have built the world's most interconnected dispute resolution mechanism. We invited NPC deputies, CPPCC members, administrative organs, all kinds of mediation organizations, lawyers, experts and scholars, as well as community-level organizations to establish a "court + society" system for solving disputes, providing people with a menu of services. The numbers of mediation organizations and mediators connected with the courts have increased from 1,264 and 14,000 in early 2018 to 83,000 and 335,000. A total of 29.62 million disputes have been mediated, with an average of 51 successfully mediated per minute. Diverse channels for dispute settlement not only help realize justice in a timely manner, but bring about mutual understanding and accommodation.
Second, we have opened online and offline integrated and sharing platforms, and established a one-stop service system for resolving disputes, thus creating a Chinese model. Courts at four levels have built one-stop litigation service centers, with the scope of services expanded from simply providing guidance for case filing in the past to now more than 50 items. All types of litigation cases are addressed in the centers, which have become "lawsuit service supermarkets." Last year, courts nationwide resolved more than 80% of civil disputes in litigation service centers, and the average time taken was 43% less than that of civil cases of first instance. The four levels of courts leveraged the unified online service platform to support the public in filing lawsuits and handling the whole process online, with total visits exceeding 2.7 billion. Online dispute resolution has become standard practice. The 12368 Litigation Service Hotline has helped address disputes at any time, with an average of 35,000 calls being received and handled per day and satisfaction rate exceeding 96%, which has greatly reduced the cost for people to resolve disputes.
Third, we have improved the service mechanism for addressing disputes in both urban and rural areas to provide a Chinese-style model. "Cross-region filing services" have been fully realized, with more than 13,000 service centers being established. Cases can be filed nearby and handled nationwide. A special service window for the elderly and a unified code service channel for lawyers have been fully implemented. Bilingual judges and a litigation guide written in Braille have helped various parties during lawsuits. Mediation platforms have entered rural areas and communities and gone online, connecting 9,852 people's courts and more than 70,000 community-level governance units, thereby providing people in both rural and urban areas with access to more high-quality legal services and allowing them to resolve their problems at home. In remote areas, judges go to villages to provide services in people's homes and conduct circuit case handling, making judicial services "zero-distance." Through these efforts, the public deeply feel the warmth and convenience of the socialist judicial system.
Thank you.
_ueditor_page_break_tag_Tianmu News:
My question is concerning antitrust regulation. This June, the NPC Standing Committee adopted an amendment to the Anti-Monopoly Law, which will take effect on Aug. 1. The new Anti-Unfair Competition Law is also being revised. What achievements have been made in the fields of anti-monopoly and anti-unfair competition work? And going forward, what will be the future considerations? Thank you.
Gan Lin:
Thank you for your interest in competition supervision, especially the enforcement of anti-monopoly and anti-unfair competition laws. The more the market economy develops, the more important fair competition is. Since the 18th CPC National Congress, under the strong leadership of the CPC Central Committee with Comrade Xi Jinping at its core, we have worked unswervingly both to consolidate and develop the public sector and to encourage, support and guide development of the non-public sector. We have pursued standardization in development while seeking development in standardization, creating a better environment for competition and broader space for development for all types of market entities. Just now, you asked about our achievements in the past decade. I will elaborate on them from the following four aspects:
Over the past decade, China has formulated more equitable, transparent, and predictable competition rules. The country has completed an amendment to the Anti-monopoly Law to make it more compatible with the socialist market economy. This is the first time that a law was amended for the first time after 14 years of implementation. The amended law will come into force on August 1, 2022. Today's press conference provides a valuable opportunity for us to intensify publicity in this field. Therefore, I would like to express my appreciation to all the law enforcement authorities present here. In recent years, China has twice amended the Anti-Unfair Competition Law and formulated seven supporting regulations and eight anti-monopoly guidelines in areas such as platform economy and IPR protection. The CPC Central Committee has formulated a guideline document for the first time on strengthening anti-monopoly and further promoting the implementation of fair competition policies, which clarifies the top-level design and strategic direction for fair competition. Meanwhile, we have enhanced policy explanation, publicity, and guidance to improve the transparency and predictability of supervision and law enforcement.
Over the past decade, China has embarked on a new stage in building efficient and orderly market competition. During this period, we have investigated and handled in accordance with the law 794 cases involving monopolistic practices and 234,000 cases related to unfair competition and concluded 3,822 cases involving the consolidation of operators. As a result, illegal competition in areas such as platform economy, medicine, and public utilities has been prevented and curbed in time. We have also fully implemented the review system to ensure fair competition, reviewed 4.68 million policy documents, and corrected and abolished 53,000 ones that eliminate or stifle competition. By doing so, we have strongly boosted the development of a unified domestic market and created a favorable system to promote the coordinated development of enterprises under all forms of ownership of all sizes.
Over the past decade, China has made progress in promoting the reform of the regulatory system and mechanisms. Just now, Mr. Tang introduced me to you as commissioner of the State Anti-Monopoly Bureau. Following the reform of the regulatory system and mechanisms, China established the State Administration for Market Regulation to realize the unification of anti-monopoly law enforcement. Last year, the State Anti-Monopoly Bureau was set up in the same building as the State Administration of Market Regulation to further strengthen anti-monopoly supervision and improve the working mechanism of the Anti-Monopoly Commission of the State Council. Also, we set up the inter-departmental joint meeting mechanism for combating unfair competition and applying fair competition reviews. All the ministries and ministerial-level commissions present here are our members. Meanwhile, we have strengthened coordination between central and local governments to increase the overall effectiveness of anti-monopoly supervision.
Over the past decade, China has scaled new heights by participating in global competition governance. The country has signed cooperation documents with 35 countries and regions, including the United States, the European Union, Russia, and Japan, and has added a separate chapter for competition policy in 10 free trade agreements (FTAs), including RCEP and the China-ROK FTA. Last year, we successfully held the 7th BRICS International Competition Conference. China now ranks among the world's top three anti-monopoly jurisdictions, together with the US and the EU.
Next, we will fully implement the decisions and plans of the CPC Central Committee and the State Council and strike a good balance between strengthening supervision and promoting development. We will also improve high-quality competition supervision and enforcement to translate soft power into hard power and fair competition into innovative development.
Thank you.
_ueditor_page_break_tag_China Daily:
We notice that in recent years procuratorial organs have worked hard to advance the public hearing system. What kind of cases will be publicly heard? What role do public hearings play in procuratorial work? Thank you.
Chen Guoqing:
In recent years, procuratorial organs have deepened procuratorial reform by carrying out public hearings on difficult and complicated cases to encourage extensive public participation in social governance. This represents a major measure taken by the people's procuratorates to conduct whole-process democracy and effectively resolve the troubles and pains of the people.
During handling cases of various types, procuratorial organs should take measures to ensure that all cases in need could be publicly heard as appropriate. For non-prosecution cases, criminal appeal cases, civil and administrative litigation supervision cases, and public interest litigation cases, if they are in dispute over the findings of fact, the application of law, and the handling of cases, or if they have huge implications, public hearings should be held for prosecutors to hear opinions directly from litigants and other personnel involved.
Since 2020, procuratorial organs have carried out public hearings on more than 216,000 cases that covered four major procuratorial functions regarding criminal, civil, administrative, and public interest litigation and 10 major procuratorial activities (including those against commonplace criminal offenses, serious criminal offenses, work-related offenses, economic offenses, juvenile delinquency, and those involving inspections of the enforcement of penal decisions, civil litigation, administrative litigation, public interest litigation, and accusation and appeal). The public hearing system has effectively enhanced judicial transparency and justice and helped illustrate the law and defuse social tensions so as to better achieve our purpose of administrating justice for the people.
In particular, the procurators-general of the people's procuratorates at all levels have taken the lead in chairing public hearings and releasing information on the judicial process and the legal basis. By doing so, they were able to illustrate the law in a way that people can see and understand.
Since 2020, leading officials of the SPP have chaired public hearings on 15 major and difficult cases. For example, a criminal appeal case in Fujian province was very difficult and complicated because it involved both civil and criminal litigation. SPP Procurator-General Zhang Jun chaired a public hearing on this case, conducted deep and profound communication, and illustrated the law in person with the appellant, the person not to be prosecuted, and their attorney agents. After the hearing, both parties signed a conciliation agreement. In this way, appeals and complaints could be resolved as appropriate with cases settled and conciliation reached.
Of the public hearings held by the three levels of local procuratorates, 10.2% are chaired by the procurators-general. As a result, the handling rate of social problems and disputes has risen significantly. In 2021, the rate of procuratorial organs nationwide preventing and handling social problems and disputes through public hearings reached 95.6%. We have successfully settled many cases that were long on the agenda but never resolved. Thank you.
Chen Wenjun:
Thanks to our speakers as well as friends from the press. Today's press conference concludes here.
Translated and edited by Zhou Jing, Liu Sitong, Yuan Fang, Zhang Rui, Zhang Tingting, Zhang Junmian, Ma Yujia, Xu Kailin, Qin Qi, Li Xiao, Wang Qian, Wang Yiming, Li Huiru, David Ball, Tom Arnsten, and Jay Birbeck. In case of any discrepancy between the English and Chinese texts, the Chinese version is deemed to prevail.
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