Speakers
Wang Zhenjiang, vice minister of justice
Yang Xiangbin, director general of the Bureau of Public Legal Services Administration of the Ministry of Justice
Kong Xiangquan, deputy director general of the Administrative Law Enforcement Coordination and Supervision Bureau of the Ministry of Justice
Jiang Shan, deputy director general of the Second Bureau of Legislation of the Ministry of Justice
Chairperson
Speakers:
Mr. Wang Zhenjiang, vice minister of justice
Mr. Yang Xiangbin, director general of the Bureau of Public Legal Services Administration of the Ministry of Justice (MOJ)
Mr. Kong Xiangquan, deputy director general of the Administrative Law Enforcement Coordination and Supervision Bureau of the MOJ
Mr. Jiang Shan, deputy director general of the Second Bureau of Legislation of the MOJ
Chairperson:
Ms. Shou Xiaoli, director general of the Press Bureau of the State Council Information Office (SCIO) and spokesperson of the SCIO
Date:
Sept. 6, 2024
Shou Xiaoli:
Ladies and gentlemen, good morning. Welcome to this press conference held by the State Council Information Office (SCIO), as part of the series "Promoting High-Quality Development." Today, we are very pleased to have invited Mr. Wang Zhenjiang, vice minister of justice, to brief you on relevant developments and answer your questions. Also present today are Mr. Yang Xiangbin, director general of the Bureau of Public Legal Services Administration of the Ministry of Justice (MOJ); Mr. Kong Xiangquan, deputy director general of the Administrative Law Enforcement Coordination and Supervision Bureau of the MOJ; and Mr. Jiang Shan, deputy director general of the Second Bureau of Legislation of the MOJ.
Now, I'll give the floor to Mr. Wang for his introduction.
Wang Zhenjiang:
Ladies and gentlemen, friends from the media, good morning. I am very pleased to attend today's press conference with my three colleagues and introduce the judicial administration work in promoting high-quality development.
First, I would like to express my heartfelt thanks for your long-term interest in, and support and assistance for the work of judicial administration.
High-quality development is the primary task of building a modern socialist country as well as our top priority in the new era. Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, the MOJ has thoroughly implemented the guiding principles of the 20th National Congress of the Communist Party of China (CPC) and the second and third plenary sessions of the 20th CPC Central Committee, practiced Xi Jinping Thought on the Rule of Law, and focused on promoting high-quality development. We have fully and faithfully applied the new development philosophy on all fronts and earnestly implemented the decisions and arrangements of the CPC Central Committee and the State Council, in a bid to create a vibrant yet stable and orderly legal environment for high-quality development. Next, I will introduce five key aspects:
First, based on the new stage of development, we are striving to promote high-quality development through high-quality legislation. Since last year, focusing on promoting high-quality development, the MOJ has prioritized key areas and urgent needs, and formulated and revised administrative regulations such as the Regulations on Fair Competition Review and the Provisions of the State Council on the Declaration Standards for Concentration of Business Operators, in a bid to create a favorable environment for various business entities to fairly participate in market competition. We reviewed and amended draft laws such as the Accounting Law, the Statistics Law, the Value-Added Tax Law, and the Tariff Law, promoting the improvement of the macroeconomic governance system. We issued the Provisional Regulations on the Flight Management of Unmanned Civilian Aircraft and the Regulations on the Replenishment of Supplies for International Cruises at Ports of the People's Republic of China, promoting the development of emerging industries. We formulated and revised administrative regulations, such as the Ecological Protection Compensation Regulations, the Interim Regulations on the Management of Carbon Emission Trading, and the Regulations on Administration of Ozone Depleting Substances, improving the system and mechanisms that embody the concept that "lucid waters and lush mountains are invaluable assets."
These are some of the legislative items. In general, in 2023, the MOJ completed the review of 51 legislative initiatives, representing a 96.2% increase year on year. So far this year, we have reviewed 39 various legislative initiatives. Going forward, we will fully perform our duties in reviewing government legislation, continuously strengthen legislation in key areas, emerging fields and foreign-related fields, and provide stronger legal support for the development of the Party and the nation.
Second, we are cleaning up regulations and practices that hinder the construction of a unified national market and fair competition, striving to build a unified national market. According to the State Council's arrangements, the MOJ has completed a focused cleanup of all the 600-plus currently effective administrative regulations, and organized the amendment and repeal of some administrative regulations. This effort focuses on eliminating regulations and items that do not meet the requirements of high-quality development, are not conducive to optimizing the business environment and building a unified national market, or violate fair competition. At the same time, following the arrangements of the CPC Central Committee and the State Council, we are leading a comprehensive cleanup of laws, regulations and policies that involve unequal treatment of enterprises, with the aim of eliminating hidden barriers and reducing institutional transaction costs for enterprises.
Third, we are striving to better leverage the guiding, regulating and safeguarding roles of the rule of law, with the aim of advancing the development of a law-based and world-class business environment. As you know, the rule of law provides the best business environment. The MOJ has always prioritized building a law-based and world-class business environment as a crucial task. Last year, we reported to the State Council for the launch of a three-year action plan to improve the quality of administrative law enforcement, aiming to address issues such as inaction, misconduct, rough law enforcement and non-standard law enforcement practices, with a particular focus on strengthening the supervision of administrative law enforcement involving enterprises and standardizing administrative inspections of enterprises. Additionally, we reported to the State Council for the cancellation or adjustment of 33 penalty items across nine areas. We drafted and submitted the Guidelines on Further Regulating and Overseeing the Setting and Enforcement of Fines to the State Council for issuance and implementation, aiming to solve prominent problems such as arbitrary fines that have drawn significant complaints from enterprises and the public.
Fourth, the MOJ has focused on providing high-quality legal services tailored to the needs and expectations of business entities. We have launched initiatives aimed at businesses to enhance legal knowledge, promote the rule of law and the spirit of contract, and strive to foster a business environment featuring integrity and fidelity. We also continue to streamline notarization procedures to offer greater convenience to the public. A list of 81 standard certifications across 33 categories have been published, while 116 unnecessary certifications and documents have been removed, which effectively avoids repeated and redundant paperwork for certification. In addition, we have been strengthening the efforts to resolve disputes in emerging fields such as finance, intellectual property and the internet. We support and encourage industrial associations and chambers in these sectors to established their own public dispute settlement organizations, the number of which currently exceeds 3,600. These dispute settlement efforts are playing an increasingly important role in advancing high-quality development and maintaining social harmony and stability.
Fifth, the MOJ has advanced the rule of law in foreign-related affairs, contributing to and ensuring high-quality opening-up. We have expedited the development of a sound system of laws and regulations in foreign-related affairs. We have also collaborated with related government bodies when it comes to research, drafting, review and revision of key laws and regulations, such as the Law on Foreign Relations and the Law on Foreign State Immunity. Furthermore, rapid progress has been made in improving legal services related to foreign affairs. We support the establishment of international commercial arbitration centers in cities such as Beijing, Shanghai, Guangdong and Hainan. We also encourage the strengthening of foreign-related legal services including support for lawyers, notarization services and commercial dispute settlements. To date, Chinese law firms have established a total of 207 branches in 37 countries and regions around the world, with over 12,000 foreign-related lawyers in service. An integrated certification system combining foreign-related notarization and consular legalization have been promoted, which has effectively enabled Chinese citizens and businesses to "go global."
On the new journey ahead, justice and administrative bodies at all levels will acquire a deep understanding of the decisive significance of establishing Comrade Xi Jinping's core position on the Party Central Committee and in the Party as a whole and establishing the guiding role of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. We must be more conscious of the need to maintain political integrity, think in big-picture terms, follow the leadership core and keep in alignment with the central Party leadership. We must stay confident in the path, theory, system and culture of socialism with Chinese characteristics. We must uphold Comrade Xi Jinping's core position on the Party Central Committee and in the Party as a whole and uphold the Central Committee's authority and its centralized, unified leadership. We will take a realistic and pragmatic approach, shoulder our appointed responsibilities and make greater contributions to the endeavor of building a great country, moving toward national rejuvenation on all fronts through Chinese modernization.
This concludes my introduction. Next, my colleagues and I will take your questions. Thank you.
_ueditor_page_break_tag_Shou Xiaoli:
Thank you, Mr. Wang. The floor is now open for questions. Please raise your hand and state the news outlet you represent before asking your questions.
CCTV:
The third plenary session of the 20th CPC Central Committee has made comprehensive arrangements in areas such as building a high-standard socialist market economy, promoting high-quality economic development and improving macroeconomic governance. What specific laws will be introduced in these areas? Thank you.
Wang Zhenjiang:
Mr. Jiang will take this question.
Jiang Shan:
Thank you for your question. The third plenary session of the 20th CPC Central Committee has made comprehensive arrangements in building a high-standard market economy, promoting high-quality economic development and improving macroeconomic governance. Moving forward, the MOJ will strengthen legislation in key sectors across the following fields.
In terms of building a unified national market and improving the business environment, the MOJ is working with related government bodies to expedite the revision of the Anti-Unfair Competition Law in a bid to create a sound institutional environment for all business operators to compete fairly within the market. We are also improving laws and regulations concerning the clearance of overdue payments owed to enterprises as well as revising regulations on ensuring payments to small and medium-sized enterprises (SMEs).
In terms of fending off and defusing risks in the financial sector and promoting the sound and stable development of the capital market, the MOJ will accelerate efforts to revise laws and regulations in the financial sector, such as the law on the regulation of and supervision over the banking industry, in order to further improve the financial regulatory system. We will also enact provisions by the State Council to regulate intermediaries' services for companies' public offerings, so as to help improve the quality of listed companies and protect investors' lawful rights and interests. In addition, related government bodies are moving faster to study and work on the drafting of the financial law, in which the MOJ is also participating.
In terms of deepening the reform for the energy management system and enhancing the resilience and security of industrial and supply chains, the MJO is promoting the independent operation of natural monopoly businesses in sectors such as energy and advance market-oriented reforms in competitive areas of these sectors. We are also refining the overall planning and linkage systems for the exploration, production, supply, storage and sales of strategic mineral resources. We have collaborated with related government bodies and have formulated a draft for the Energy Law and a revision draft for the Mineral Resources Law. Currently, both of these documents have been submitted to the Standing Committee of the National People's Congress (NPC) for deliberation, and the MOJ will work with related NPC bodies to advance the legislation process.
In terms of building new institutions for a higher standard within the open economy and creating policies to support efforts to develop China into a strong trading nation, the MOJ is working with related government bodies to study and revise the Foreign Trade Law and the Customs Law. By doing so, we aim to proactively align with international high-standard economic and trade rules, take the initiative to enhance the country's openness to the world as well as actively respond to digital and eco-friendly trends within trade. We are also innovating mechanisms for supervision and fostering an institutional environment which is conducive to the growth of new business forms and models. Thank you.
_ueditor_page_break_tag_Cnr.cn:
Could you elaborate on the new requirements outlined in the resolution that was adopted at the third plenary session of the 20th CPC Central Committee regarding law-based governance on all fronts? What measures will the MOJ take next to fulfill these new requirements? Thank you.
Wang Zhenjiang:
I'll answer this question. Thank you for your inquiry. The MOJ's leading Party members group considers studying and implementing the guiding principles of the plenary session to be a major political task at present and for some time to come. The group immediately held meetings for Party leaders as well as for all members of the Party, organized group study sessions for senior officials, communicated and studied the guiding principles of General Secretary Xi Jinping's important remarks and the plenary session, and took concrete steps to implement various legal reform tasks.
The third plenary session of the 20th CPC Central Committee made a series of major theoretical innovations in law-based governance on all fronts, deployed significant reform measures, further enriched and developed Xi Jinping Thought on the Rule of Law, and expanded the scope of building a socialist country under the rule of law. This is mainly reflected in the following aspects:
First, it was stated that "the rule of law provides an important guarantee for Chinese modernization," and "we must deepen reform and advance Chinese modernization under the rule of law." This profoundly illustrates the important status and role of the rule of law in Chinese modernization.
Second, "refining the system of socialist rule of law with Chinese characteristics" and "moving to a higher stage in building a socialist country under the rule of law" have been incorporated into the overall objectives of further deepening reform comprehensively. This ensures coordination between the general goal of comprehensively promoting law-based governance and the strategic plans for deepening reform comprehensively.
Third, staying committed to law-based governance on all fronts has been established as one of the six guiding principles for further deepening reform comprehensively. This highlights the unity of reform and the rule of law, ensuring that all major reforms have a solid legal basis. It further demonstrates a clear direction of deepening reforms per the rule of law.
Fourth, each section of the resolution addresses the advancement of the rule of law, integrating it into institutional reforms across all areas. It further refines and solidifies the decisions and plans of the 20th CPC National Congress to see that all the state's work is carried out under the rule of law.
Fifth, it includes a dedicated section on promoting socialist rule of law with Chinese characteristics, proposing major reform measures in five areas. This aims to remove institutional barriers that restrict and affect comprehensive law-based governance.
For the MOJ, the reform tasks in the field of the rule of law outlined by the plenary session are both important assignments and significant missions. We will focus on promoting high-quality development, more consciously planning for and advancing judicial administration in the broader context of Chinese modernization and ensuring implementation with unwavering determination. In particular, we will do an excellent job in performing the duties of the Office of the Commission for Overall Law-Based Governance of the CPC Central Committee, which is set up within the MOJ. We'll coordinate reforms across legislation, law enforcement, administration of justice, observance of the law and rule of law in foreign-related affairs. This will achieve systematic integration and efficient coordination of reforms in the field of the rule of law.
That's all I have to say. Thank you.
_ueditor_page_break_tag_Cover News:
Administrative reconsideration is an important means of resolving administrative disputes and ensuring equal legal protection for citizens, legal persons, and other entities. Could you please outline how the MOJ has promoted administrative reconsideration to support high-quality development? Thank you.
Wang Zhenjiang:
Let's invite Mr. Kong to answer your question.
Kong Xiangquan:
Thanks for your question. Administrative reconsideration is a supervisory system for government self-correction and a remedy for resolving administrative disputes. It's an important channel for safeguarding the legitimate rights and interests of the public and businesses. The MOJ has been diligently implementing the decisions and deployments of the CPC Central Committee and the State Council. We've diligently performed our duties as the State Council administrative reconsideration agency, comprehensively strengthened administrative reconsideration efforts, and fully utilized administrative reconsideration as the primary means for resolving administrative disputes. These efforts act as a shield for high-quality development.
First, we've made tangible achievements in substantively resolving administrative disputes. We've promoted revisions to the Law on Administrative Reconsideration, further expanding the scope of administrative reconsideration and bringing more administrative disputes into this process. In the first half of this year, judicial administrative organs at all levels received 292,000 new administrative reconsideration cases and concluded 225,000 cases. The number of new cases increased by 150% year on year, a substantial increase. Following administrative review, 202,000 cases didn't proceed to administrative proceedings. The settlement rate of administrative reconsideration cases reached 89.4%, an increase of 12.6 percentage points compared to 2023.
Second, we've overseen and promoted strict, standardized, impartial, and civilized law enforcement. We have guided judicial administrative organs at all levels to actively implement the oversight mechanism stipulated in the newly revised Law on Administrative Reconsideration. We've also earnestly strengthened error correction in individual administrative reconsideration cases and the standardization of similar cases. In the first half of this year, 24,000 illegal or improper administrative actions were corrected, with an error correction rate of 13.7%. This effectively addressed several problems, such as administrative inaction, procedural violations and arbitrary fines. In response to common problems in administrative law enforcement, we issued 2,734 administrative reconsideration opinions and suggestions. Additionally, we conducted ancillary reviews of 357 administrative normative documents.
Third, we've worked to optimize the law-based business environment. Judicial administrative organs at all levels have actively strengthened administrative reconsideration work involving business entities. They handled 2,328 new types of administrative reconsideration cases related to enterprises, including administrative agreements, compensation and competition restrictions. In the first half of this year, we received 31,000 new administrative reconsideration cases filed by various types of business entities and concluded 23,000 of them. This saved 10.17 billion yuan in economic losses for involved businesses, effectively safeguarding their legitimate rights and interests. The MOJ, together with the National Development and Reform Commission and the All-China Federation of Industry and Commerce, launched a nationwide special campaign to support high-quality business development through administrative reconsideration. We proposed 18 specific measures across five areas to comprehensively improve the quality and efficiency of administrative reconsideration work involving businesses. Thank you.
_ueditor_page_break_tag_People's Daily:
The third plenary session of the 20th CPC Central Committee proposed improvements to the public legal services system that covers both urban and rural populations. How does the MOJ plan to advance this initiative? Thank you.
Yang Xiangbin:
Thank you for your question and for everyone's interest in public legal services. Actually, public legal services are closely related to our daily lives and work. For example, many of the journalists here today have had experiences such as hiring a lawyer or obtaining notarization. In this sense, public legal services are actually a fundamental, service-oriented and supportive aspect of exercising law-based governance on all fronts, playing a vital role in ensuring and improving people's livelihoods. The initiative to build a system for public legal services that covers both urban and rural populations was first proposed during the fourth plenary session of the 18th CPC Central Committee. After ten years of planning, developing and improving, China has basically established a convenient, efficient and inclusive system for public legal services that is equitably accessible to both urban and rural populations. So far, there are 754,000 legal service agencies of various kinds nationwide, with 3.997 million legal professionals. A total of 590,000 physical platforms have been built to provide public legal services, with over 600,000 villages and communities now equipped with legal advisors. Additionally, the public legal service hotline and the Legal Services of China website have been fully launched and are operating smoothly. Our legal service workers handle over 40 million various cases annually. Public legal services have played a crucial role in supporting economic and social development, safeguarding fairness and justice, and promoting social harmony and stability.
As mentioned earlier, the third plenary session of the 20th CPC Central Committee emphasized the need to improve the system for public legal services that covers both urban and rural populations. In line with this instruction, we will focus on several aspects. First, we will strengthen coordination and planning, especially by formulating the 15th Five-Year Plan (2026-2030) for the public legal service system. This plan will coordinate and arrange various tasks to refine the system during the 15th Five-Year Plan period. Second, we will promote balanced development between urban and rural areas and different regions. Given China's vast landscape and the imbalance between the eastern and western regions, concrete and effective measures will be taken to address the uneven distribution of resources for public legal services. This primarily includes establishing and improving a mechanism for lawful cross-regional flow of resources for legal services as well as deepening paired assistance between legal professions in the eastern, central and western regions. Additionally, we will work to initiate a program that provides legal aid to the western region while continuing ongoing efforts such as the "Lawyer Service Team to support legal services in Xizang," "Legal Services for the Elderly" and "Legal Services by Your Side for People with Disabilities. " These initiatives aim to continuously make public legal services more balanced and accessible. Third, we will encourage and guide the participation of nongovernmental actors, recognizing that the provision of pro bono legal services is a shared responsibility across all sectors of society. To this end, we will establish and improve mechanisms for volunteers to provide legal services and foster a number of professional public-interest legal service organizations, thereby diversifying service providers. Fourth, we will improve legal service quality and credibility. This primarily involves refining the supervisory and management system for public legal services, creating a coordinated regulatory framework that integrates administrative regulation, self-discipline of legal industry and associations, autonomy of legal institutions as well as public supervision to achieve joint management and participation. Our overarching goal is to better meet people's needs for high-quality public legal services and continuously enhance the public's sense of gain and satisfaction in the legal field. Thank you.
_ueditor_page_break_tag_Nanfang Daily, Nanfang Plus:
In recent years, issues such as arbitrary, unmannerly law enforcement and excessive punishment for minor infractions have occasionally occurred in some areas, infringing on the legitimate rights and interests of citizens and businesses. What measures has the MOJ taken, and will take, to address these problems? Thank you.
Wang Zhenjiang:
Your question is very timely and pertinent. I'll invite Mr. Kong Xiangquan to respond.
Kong Xiangquan:
Thank you for your question. To address the issues you mentioned, the MOJ has implemented a series of practical measures since last year to refine the system of standards on administrative discretion as well as intensify coordination and supervision of administrative law enforcement, improving the administrative law enforcement of all localities and government departments. Looking ahead, we plan to take the following steps:
First, we will launch special campaigns to tackle prominent issues regarding administrative law enforcement. In response to particular public concerns, such as one-size-fits-all law enforcement and rough law enforcement, we will organize related local departments to compile lists of prominent law enforcement issues across different sectors, so as to conduct concentrated rectification and special oversight. Additionally, we will strengthen information sharing between administrative law enforcement oversight and other supervisory channel such as the "12345" government service hotline, fully utilizing the platform to provide supervision, critical feedback and suggestions concerning administrative law enforcement, thus effectively safeguarding people's legitimate rights and interests.
Second, we will further refine the system of standards on administrative discretion. We will urge and guide relevant local authorities to establish and improve this system for matters such as administrative penalties. This will help unify standards in law enforcement and regularize the exercise of discretionary powers, thus effectively resolving acute issues such as inconsistent punishment for similar administrative penalty cases.
Third, we will standardize the setting and imposition of fines. The MOJ urges local authorities and departments to proactively implement the relevant requirements of the State Council. It also guides and supervises relevant departments to reasonably set fines by comprehensively considering factors such as the level of socioeconomic development and industry characteristics. When implementing fines, authorities should holistically consider the subjective culpability and gains of the parties involved. The principle of appropriate fines for faults must be applied to avoid imposing penalties that are disproportionate to the severity of violations.
Fourth, we will enhance the capabilities and professional qualities of administrative law enforcement personnel. We will fully implement the professional qualification management and certificate system for recruitment. We will improve law enforcement personnel's accession and withdrawal mechanism to eliminate issues such as inaction and misconduct in law enforcement as much as possible. We will fully implement the administrative enforcement responsibility system and improve the regular training mechanism for related personnel. These efforts will constantly enhance their political literacy, professional competence and sense of integrity. Thank you.
_ueditor_page_break_tag_Jinan Times App:
We recognize that lush mountains and lucid waters are invaluable assets. What legislative measures have been taken in recent years to improve the systems for advancing ecological progress and to promote modernization while maintaining harmonious coexistence between humans and nature? Thank you.
Wang Zhenjiang:
Thank you for the question. Mr. Jiang will provide the answer to this.
Jiang Shan:
Thank you for the question. In recent years, public expectations for eco-environment quality have grown increasingly high. Moreover, high-quality development relies on the harmonious coexistence between humans and nature. Clearly, improving the rule of law in this field is crucial. As Mr. Wang just said, the MOJ has fulfilled its responsibilities by focusing on enhancing the systems and mechanisms that support the philosophy that lush mountains and lucid waters are invaluable assets. We have strengthened legislation to support the coordination of carbon reduction, pollution control, green development and economic growth. Specifically, our efforts have focused on the following aspects:
First, we have thoroughly implemented the arrangements and requirements set forth at the third plenary session of the 20th CPC Central Committee regarding the improvement of basic systems for advancing ecological progress. We have collaborated with relevant parties to draft laws on national parks and farmland protection and quality improvement. These efforts aim to facilitate the development of a nature preserve system centered around national parks and to promote the development of high-standard farmland.
Second, we have focused on establishing and improving the ecological protection compensation mechanism. In collaboration with the National Development and Reform Commission and other relevant departments, we formulated and promulgated regulations on ecological protection compensation. These regulations implement the related decisions and arrangements of the CPC Central Committee and the State Council. By translating effective practices from various localities and departments into comprehensive and fundamental administrative regulations, we have cemented and expanded these practices. Consequently, we have established basic systems and rules for ecological protection compensation.
Third, we have implemented the requirements for vigorously and properly pursuing peak carbon emissions and carbon neutrality. In collaboration with the Ministry of Ecology and Environment, we formulated and issued interim regulations on the management of carbon emissions trading. These regulations specify the regulation system for national carbon emissions trading and related activities, thereby creating a basic institutional framework for such trading.
Fourth, we have implemented requirements for environmental risk management and control. For example, we revised and issued regulations on the management of ozone-depleting substances, further improving related regulatory measures.
That's all I have to share. Thank you, everyone.
_ueditor_page_break_tag_Hong Kong Bauhinia Magazine:
Arbitration is the internationally recognized standard approach for resolving commercial disputes. What concrete measures have you taken to improve the international commercial arbitration system and cultivate arbitral institutions? Thank you.
Wang Zhenjiang:
Mr. Yang will answer this question.
Yang Xiangbin:
Thank you for the question. As you noted, arbitration is indeed the internationally recognized standard approach for resolving commercial disputes. It plays a crucial role in facilitating investment, trade and economic growth across different countries and regions. The resolution adopted at the third plenary session of the 20th CPC Central Committee mentioned arbitration multiple times, outlining clear requirements. These included deepening reform of the arbitration system, improving international commercial arbitration and mediation systems, cultivating world-class arbitration institutions, and promoting innovation in maritime arbitration systems and rules. These emphases demonstrate the great importance attached to arbitration and its development by the CPC Central Committee. To implement the arrangements and requirements set forth at the third plenary session, we will focus on promoting arbitration-related reforms and concentrate our efforts on three key aspects:
First, we are quickly improving arbitration-related laws, systems and rules. Currently, we are promoting the revision of the arbitration law. A draft revision has been deliberated and approved at an executive meeting of the State Council. This revision is comprehensive, coming 30 years after the promulgation of the original arbitration law. It primarily focuses on addressing prominent issues in the current arbitration system and related practices, aligning with advanced international rules, and enriching and improving foreign-related arbitration systems. The aim is to improve arbitration laws and systems with Chinese characteristics that are compatible with international norms. This will enhance the international influence of China's arbitration system and better enable it to serve socioeconomic development and expand openness.
Second, we are concretely improving arbitration credibility. With China's rapid socioeconomic development, the arbitration field has also evolved swiftly. Currently, there are 282 arbitration institutions with more than 80,000 arbitrators and staff members in the country. Over 5 million cases have been handled, involving assets worth more than 8 trillion yuan and parties from more than 100 countries and regions. In 2023 alone, arbitration institutions nationwide handled 607,000 cases, up 27.8% year on year. These cases involved assets worth 1.16 trillion yuan, an increase of 17.7% from the previous year. This development has been rapid, and the results have been fruitful. Moving forward, we will focus on enhancing arbitration credibility, recognizing its vital importance. We will further improve the mechanisms for developing and operating arbitration institutions and fully enhance the supervision and management of arbitration institutions and arbitrators. Our goal is to provide higher-quality and more efficient arbitration services for the public.
Third, we have taken practical steps to enhance the international competitiveness of the arbitration sector. As Mr. Wang just mentioned, we are now actively advancing the construction of international commercial arbitration centers. In 2023, the eight arbitration institutions in pilot areas handled a total of 79,000 cases involving objects worth 600 billion yuan, accounting for 52% of the national total. The number of foreign-related cases concluded accounted for 72% of the national total and the worth of the objects involved was 69% of the national total. Since its launch in 2022, the construction of international commercial arbitration centers has progressed rapidly and achieved positive results.
Next, we will advance the construction of international commercial arbitration centers. Acting upon the arrangements and requirements of the third plenary session of the 20th Party Central Committee, we will give priority to cultivating a batch of world-class arbitration organizations, launch projects for this purpose, and build world-class brands of arbitration organizations, so as to give better play to the role of arbitration in serving high-quality development and high-standard opening up. Thank you.
_ueditor_page_break_tag_Xinhua News Agency:
To advance high-quality development, we should ensure that state administrative bodies at all levels function in accordance with the law. The MOJ shoulders the responsibility for coordinating the building of a rule of law government. Going forward, what work will be done to advance law-based government administration? Thank you.
Wang Zhenjiang:
Thank you for your question, I will answer this one. Building a law-based government is a key task and major part of comprehensively advancing law-based governance. The third plenary session of the 20th Party Central Committee has made systematic arrangements for deepening law-based government administration. The MOJ has always placed importance on this, and will focus on advancing the work in the following four aspects:
First, we will keep working to establish a sound legal footing for government institutions, functions, powers, procedures and responsibilities. To advance law-based government administration, we must set rules and draw boundaries for administrative powers with the rule of law. We will speed up advancing legislative items such as regulations on the supervision of administrative law enforcement and regulations on the procedures of formulating administrative normative documents, with the aim to further improve government behaviors through the rule of law. At the same time, we will strictly implement the interim regulations on major administrative decision-making procedures and improve the legality review mechanism for major decisions and normative documents, so as to enhance the binding force of legality reviews.
Second, we will strengthen reviews of the legislative work of the government. The third plenary session of the 20th Party Central Committee has for the first time made a proposal regarding this. As the legal affairs organ of the State Council, the MOJ will further improve the system and mechanism and develop new ways and means for reviews of government legislation, enhancing the quality and efficiency of such reviews across the board to continuously improve those of legislation. In this work, we specifically should adapt to new situations, new requirements and new tasks, take a problem-oriented approach, and work to make the system and measures more targeted, effective and practicable.
Third, we will strengthen administrative law enforcement coordination and supervision. Administrative law enforcement connects government and people, and directly affects people's trust in the Party and government and their confidence in the rule of law. This year, the General Office of the CPC Central Committee and the State Council issued opinions on strengthening the development of working systems for administrative law enforcement coordination and supervision. In accordance with the arrangements of the Party Central Committee and the State Council, the MOJ will basically establish a working system for the supervision of administrative law enforcement covering the provincial, municipal, county and township levels by the end of this year. At the same time, we will improve the supervision system, adopt new oversight methods, strengthen comprehensive coordination, and accelerate steps to achieve all-round, full-process and long-term supervision of administrative law enforcement on a regular basis.
Fourth, we will improve the institutions and mechanisms for administrative review. We have attached great importance to giving play to the institutional strengths of administrative review as it is impartial, efficient and convenient and works in the interest of the people and giving play to its role as a major channel for resolving administrative disputes. In particular, we strengthened administrative reviews regarding business entities. Last year, administrative review agencies at various levels nationwide accepted 385,000 cases, up 42.7% year on year. Among these, 352,000 cases were concluded. The number of administrative review cases has exceeded that of administrative litigation cases for the first time. The cases handled included 17,000 cases relating to land management, 2,899 cases relating to intellectual property rights, and 2,764 cases relating to ecology and environment. A total of 39,800 administrative review cases filed by business entities were handled in 2023, helping recover economic losses amounting to 10.39 billion yuan, playing a crucial role in supporting high-quality development. Thank you.
_ueditor_page_break_tag_Nanfang Metropolis Daily:
In recent years, the overall quality of administrative normative documents has improved, but there are still problems such as lack of discretion and uneven quality in some places. What measures will be taken to address these problems? Thank you.
Wang Zhenjiang:
I would like to invite Mr. Kong to answer this question.
Kong Xiangquan:
Thank you for your question. Formulating administrative normative documents is an important way for local governments to perform their economic and social management function in accordance with the law. The third plenary session of the 20th Party Central Committee has made specific arrangements for improving the legality review mechanism for normative documents, which is of great significance for strengthening the formulation and management of normative documents, and effectively curbing the random issuance of documents and the introduction of senseless policy documents. Based on our duties, the MOJ will work on the following aspects.
First, we will strengthen the development of regulations and standards. Regulations on the procedures for formulating administrative normative documents have been included in this year's legislative work plan of the State Council. We will take proactive steps to advance the study and drafting of the regulations, and further clarify through legislation the concepts, scope and document-making bodies, procedures and responsibilities related to administrative normative documents, so as to enhance the rule of law in administrative normative documents formulation and management.
Second, we will enhance review teams' capacity building. We will strengthen operational guidance to various regions and departments, promote training and rotation of personnel responsible for reviewing administrative normative documents, and comprehensively improve the political and professional capabilities of legal review teams. We will organize the selection of exemplary cases in the legal review of administrative normative documents, summarize and promote best practices, and provide guidance for review personnel in their work.
Third, we will establish a data and information platform. We'll promote the establishment of management information platforms for legal reviews of administrative normative documents across regions and departments. Through interconnection and data sharing, we'll enhance statistical analysis, achieve dynamic and refined management of administrative normative documents, and effectively improve review quality and efficiency.
Fourth, we will promote regional integration of the legal review mechanism. We'll summarize the experience of integrating the legal review mechanism for administrative normative documents in the Yangtze River Delta region. We'll increase support for establishing and improving communication and coordination mechanisms for review standards of administrative normative documents in regions such as Beijing-Tianjin-Hebei, the Greater Bay Area, and Chengdu-Chongqing. This aims to enhance unity in policy formulation, consistency in rules, and synergy in implementation. Thank you.
_ueditor_page_break_tag_Legal Daily:
High-level opening up requires high-level legal services. Could you please elaborate on the measures the MOJ has taken to fully leverage the role of lawyers in foreign-related legal services and the achievements that have been made? Thank you.
Wang Zhenjiang:
This falls under public legal services. I would like to invite Mr. Yang to answer your question.
Yang Xiangbin:
Thank you for your question. As you mentioned, high-level opening up cannot be achieved without high-level legal services. Promoting high-quality, high-level legal services has been a key part of our foreign-related rule of law efforts in recent years. The MOJ has actively developed foreign-related legal services, especially those provided by lawyers, who are crucial to our legal service system. We've strived to support high-level opening up through high-quality foreign-related legal services. Our measures have been robust, and the results are quite evident. This is mainly reflected in the following aspects:
First, we're actively cultivating world-class law firms. We are supporting and guiding a group of strong foreign-related law firms to accelerate their entry into the ranks of top international firms. Working with relevant departments, we've improved policy support measures to encourage Chinese lawyers to "go global." Compared to 2018, the number of overseas branches of Chinese law firms has increased by 69.67%. These firms play a positive role in strengthening the legal security chain that protects China's overseas interests.
Second, we're continuously strengthening the cultivation of foreign-related legal talent. The MOJ has organized three advanced training sessions for foreign-related legal talent and 10 training sessions on foreign-related legal services for public and corporate lawyers. We've guided the All-China Lawyers Association in holding foreign-related legal service training sessions for lawyers, training more than 1,400 lawyers in total. In collaboration with the Ministry of Education, we've implemented a master's degree program in foreign-related law, with a cumulative enrollment of nearly 1,500 students.
Third, we emphasize the role of Hong Kong and Macao lawyers in foreign-related legal services. The MOJ has led the establishment of a consultation mechanism for legal services in the Greater Bay Area, promoting talent cultivation and exchange among Guangdong, Hong Kong and Macao. We've actively promoted the pilot program for lawyers practicing in the Greater Bay Area, organizing the first qualification examination for lawyers in the region this year after extending the pilot period. So far, the MOJ has successfully held four exams, with over 1,800 Hong Kong and Macao lawyers participating and 482 obtaining Greater Bay Area lawyer practice certificates. The pilot program has brought experienced Hong Kong and Macao lawyers with rich cross-border legal service expertise into mainland legal teams, significantly enhancing the capabilities and levels of foreign-related legal and lawyer services. It has played a positive role in ensuring high-quality development and high-level opening up. Thank you.
_ueditor_page_break_tag_Shou Xiaoli:
The last two questions.
The Poster News APP:
Education, science, technology and talent are fundamental and strategic pillars of China's modernization. What has the MOJ done to improve and refine the legal system for education, science, technology and talent development? Thank you.
Wang Zhenjiang:
Mr. Jiang will answer this question.
Jiang Shan:
Thank you for your question. The third plenary session of the 20th CPC Central Committee has set new, higher standards for education, science, technology and talent development. The MOJ is committed to deeply implementing strategies to enhance the nation through science and education, strengthen the country with talent, and drive development through innovation. To improve legal systems for education, science, technology and talent, we've focused on the following tasks:
First, to deepen reform of the science and technology system and enhance the quality of science and technology awards, we've amended the Regulations on National Science and Technology Awards. This further strengthens the centralized and unified leadership of the CPC Central Committee over the work of science and technology awards, better leverages the advantages of the new national system, encourages scientific and technological innovation, and promotes the transformation of scientific and technological achievements.
Second, we will focus on strengthening IP rights protection, and promoting innovative development, amend the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China, and further improve the patent application and examination systems. We will enhance patent protection and services, and add content such as the Special Provisions on International Applications for Design, and align with international rules such as the Patent Cooperation Treaty and the Hague Agreement Concerning the International Registrations of Industrial Designs. The newly revised detailed rules will help foster patent innovation, protection and application, support all-round innovation, and better meet the needs for innovation-driven development and high-level opening up.
Third, centering on strengthening academic degree management efforts and refining the high-level talent cultivation mechanism, we will work with relevant departments to draft the academic degree law to further enhance the academic degree management mechanism. The law will detail and clarify the conditions and procedures for conferring degrees, better protect the legitimate rights of degree applicants, ensure degree quality and help cultivate talent committed to national rejuvenation in the new era.
At present, the MOJ is working with relevant departments to accelerate the revision of laws and administrative regulations such as the Law on Popularization of Science and Technology, and the Regulations on the National Natural Science Fund. Going forward, the ministry will thoroughly study and implement the guiding principles of the third plenary session of the 20th CPC Central Committee, focus on making coordinated efforts to promote integrated reform of institutions and mechanisms pertaining to education, science and technology, and talent, and boosting the overall performance of our country's innovation system. The ministry will actively promote legislation in related fields, providing strong institutional support for building a system that fosters all-round innovation. Thank you.
_ueditor_page_break_tag_Shou Xiaoli:
Last question, please.
Red Star News:
Currently, China is becoming more closely connected with the rest of the world. The number of our citizens and enterprises "going global" continues to grow. What measures will be taken to strengthen the rule of law in foreign-related affairs and safeguard the legitimate rights of Chinese citizens and companies overseas? Thank you.
Wang Zhenjiang:
Thank you for your question. This is an excellent and very important issue. As China opens wider to the world, the number of its citizens and enterprises going global continues to rise, and they are encountering various legal issues and security risks. From this perspective, we must enhance abilities to safeguard their security overseas, and protect the legitimate rights and interests of our citizens and legal entities abroad. We will leverage the role of the Office of the Commission for Overall Law-Based Governance of the CPC Central Committee, which has been set up in the MOJ, to coordinate efforts and gradually establish a mechanism integrating legislation, law enforcement, judiciary, legal compliance, legal services and legal talent cultivation in foreign-related affairs. In protecting the legitimate rights and interests of our citizens and companies abroad, we will deliver in the following aspects:
First, we will improve the system of foreign-related laws and regulations. China currently has over 50 laws that specifically address foreign-related issues and over 150 laws with foreign-related provisions, which have played a crucial role in protecting the legitimate rights and interests of our citizens and enterprises overseas. However, there are still gaps and weaknesses in the legal framework governing foreign-related affairs. Next, the MOJ will work with relevant departments to accelerate the formulation and revision of relevant laws and regulations, and ensure that necessary laws are enacted, amended, repealed and interpreted, so as to provide stronger institutional support for safeguarding the overseas rights of our citizens and businesses.
Second, we will provide high-quality and efficient legal services for citizens and enterprises going global. Since last year, we have advanced efforts to establish the first batch of over 150 demonstration institutions for foreign-related legal services, supported Chinese law firms to set up service outlets in countries involved in the Belt and Road Initiative (BRI), and selected 295 notary institutions to conduct remote video notarization services in collaboration with overseas embassies and consulates, thereby continuing to increase foreign-related legal service abilities. Next, we will accelerate the fostering of a number of world-class arbitration institutions and law firms, build a comprehensive legal service platform for the BRI, and improve mechanisms for verifying foreign laws, effectively protecting the legitimate rights of our citizens and businesses abroad.
Third, we will deepen international judicial and law-enforcement cooperation. Currently, China has signed bilateral judicial assistance treaties with 88 countries and treaties on the transfer of sentenced persons with 18 countries, and handled over 300 requests for international criminal judicial assistance and over 3,000 requests for civil and commercial judicial assistance each year on average. Next, we will promote the signing of bilateral judicial assistance treaties and treaties on the transfer of sentenced persons with more countries, and further expand the scope of law-enforcement and judicial cooperation.
Fourth, we will accelerate fostering high-caliber legal talent. We will work with relevant parties to accelerate the construction of foreign-related legal research bases at the national level, strengthen the training of lawyers in foreign-related issues, cultivate a number of high-level legal talent dealing with practical foreign-related issues, and establish a foreign-related arbitration talent pool, striving to provide legal talent support for our citizens and businesses abroad. Thank you.
Shou Xiaoli:
Thank you, Mr. Wang. Thank you to all the speakers and friends from the media. Today's press conference is hereby concluded. Goodbye.
Translated and edited by Zhang Rui, Zhu Bochen, Yang Xi, Xu Xiaoxuan, Liu Sitong, Xu Kailin, Yang Chuanli, Liu Jianing, Wang Wei, Ma Yujia, Wang Yanfang, Li Huiru, Zhang Junmian, Wang Qian, Huang Shan, David Ball, Rochelle Beiersdorfer, and Jay Birbeck. In case of any discrepancy between the English and Chinese texts, the Chinese version is deemed to prevail.
SCIO briefing on promoting high-quality development: Ministry of Emergency Management
September 4, 2024SCIO briefing on standard performance scores, official version of audio tracks of national anthem
September 1, 2024SCIO briefing on development of trade in services and progress of preparations for CIFTIS 2024
August 30, 2024