Link to the article: According to the Legislative Law and related laws, the legislative procedures are as follows:
I introduction of legal cases 1. Have the right to present the subject of a legal case to the National People's Congress.
(1) The relevant state organs, namely, the Presidium of the National People's Congress, the NPC Standing Committee, the State Council, the Central Military Commission (CMC), the Supreme People's Court, the Supreme People's Procuratorate and the special committees of the National People's Congress, may submit bills to the National People's Congress, and the Presidium will decide to put them on the agenda of the meeting.
(2) A delegation or more than 30 representatives may jointly propose a motion, and the presidium shall decide whether to put it on the agenda of the meeting, or submit it to the relevant special committee for deliberation, and then decide whether to put it on the agenda of the meeting. When deliberating, the special committee may invite sponsors to attend the meeting as nonvoting delegates and express their opinions.
The Legislative Law clearly stipulates that a bill submitted to the National People's Congress may be submitted to the NPC Standing Committee when the National People's Congress is not in session. After deliberation at a meeting of the Standing Committee, it is decided to submit it to the National People's Congress for deliberation.
2. Have the right to submit a legal case to the NPC Standing Committee.
(1) The Chairman's Committee, the State Council, the Central Military Commission (CMC), the Supreme People's Court, the Supreme People's Procuratorate and the special committees of the National People's Congress and other relevant state organs may put forward bills, and the Chairman's Committee shall decide to put them on the agenda of the meeting of the Standing Committee, or submit them to the relevant special committees for deliberation and report before deciding to put them on the agenda of the meeting of the Standing Committee. If the meeting of directors thinks that there are major issues in the bill that need further study, it may suggest that the sponsor revise and improve it before submitting it to the Standing Committee for deliberation.
(2) The meeting of directors shall decide whether or not to put a bill jointly proposed by more than ten members of the Standing Committee on the agenda of the meeting of the Standing Committee, or submit it to the relevant special committee for deliberation and put forward opinions on whether or not to put it on the agenda of the meeting of the Standing Committee before deciding whether or not to put it on the agenda of the meeting of the Standing Committee. If it is not included in the agenda of the meeting of the Standing Committee, it shall report to the Standing Committee or explain to the sponsor. When deliberating, the special committee may invite sponsors to attend the meeting as nonvoting delegates and express their opinions.
Second, the formation process of the draft law bill refers to the bill on the formulation, amendment and abolition of laws put forward by the organ or individual who has the right to propose according to law to the legislature. According to the provisions of the Legislative Law, when introducing a legal case, the text of the draft law and its explanation should be presented at the same time, and the necessary information should be provided. Among them, the text of the draft law is the most important content in the legal case, which embodies the legislative purpose, guiding ideology, principles and legal norms to be established in the form of provisions. Drafting a draft law is the basic link of legislative work.
According to the practice of drafting draft laws by central state organs, the formation process of draft laws generally includes the following links:
1. Project initiation and legislative decision-making. Formulate a five-year legislative plan and an annual legislative plan.
2. Establish a drafting team to carry out the drafting work. The drafting group is generally composed of leaders, experts and practical workers related to legislative matters.
3. Conduct investigation and study. Including holding various symposiums, seminars, grassroots research, and collecting information from all sides.
4. Form a draft framework and opinions on major issues. You can solicit opinions and arguments within a certain range and report them to the leaders of the drafting organ for examination and approval.
5. Drafting articles. At first, the draft law was generally called "trial draft", which was studied and discussed within a certain scope. After preliminary discussion and approval by the drafting department or unit, the Draft is partially submitted to the relevant competent department for examination and approval, and then a Draft for Comment or a Discussion Draft is formed and distributed to all parties for comments.
6. solicit opinions from all sides. There are mainly two forms: one is to send the draft for comments or discussion to the relevant parties in writing for comments, and the other is to hold symposiums, demonstration meetings and hearings for comments.
7. Form a manuscript and review it. After repeated discussions and revisions, the draft for comments will be submitted to the proposing organ for discussion and adoption. Before the draft is formed, the drafting unit usually asks the higher authorities for a report on major issues in the draft law or formally solicits opinions from relevant parties.
8. The proposing organ shall discuss and decide to form a formal legal case. When proposing a legal bill, the text of the draft law and its explanation shall be presented at the same time, and the necessary information shall be provided. For example, a bill to amend an existing law is usually accompanied by a comparison table of the provisions before and after the amendment.
Three. Consideration of legal cases 1. The procedure for the National People's Congress to consider a legal case: First, the draft law will be sent to the delegates one month before the meeting, so that the delegates can study it carefully and prepare their opinions; The second is to listen to the explanation of the draft law by the sponsor at the plenary session of the General Assembly; Third, the plenary session or group meeting of each delegation will review the draft law; Fourth, the relevant special committees deliberated on the draft law and put forward deliberation opinions. Then, according to the deliberation opinions of the delegations and relevant special committees, the Law Committee conducted a unified deliberation on the draft law, submitted a report on the deliberation results to the presidium, and proposed a revised draft of the draft law.
When the National People's Congress deliberates a bill, it usually votes after the meeting. If there are major issues in the deliberation of a legal case that need further study, upon the proposal of the presidium and the decision of the plenary session of the General Assembly, the Standing Committee may be authorized to further consider and make a decision and report to the next session of the National People's Congress; The Standing Committee may also be authorized to make further deliberation according to the opinions of deputies, put forward a revised plan, and submit it to the next session of the National People's Congress for deliberation and decision.
2. Procedures for deliberation of legal cases in the National People's Congress Standing Committee (NPCSC): First, the draft law will be sent to the members of the Standing Committee seven days before the meeting of the Standing Committee, so that the members of the Standing Committee can study it carefully and prepare their opinions; Second, at the plenary session of the Standing Committee, listen to the explanation of the sponsor on the draft law, and the person entrusted by the sponsor will explain the necessity, feasibility, guiding ideology and basic principles of legislation and the main contents of the draft law; Third, the Standing Committee convened a group meeting to consider the draft law. On this basis, a joint group meeting can be held for deliberation when necessary. Fourth, the relevant special committees deliberated on the draft law and put forward deliberation opinions. Then, according to the deliberation opinions and other opinions of the members of the Standing Committee and the relevant special committees, the Law Committee will conduct a unified deliberation on the draft law, submit a report on the deliberation opinions or deliberation results to the Standing Committee, and propose a revised draft of the draft law.
3. About the three-trial system. The National People's Congress Standing Committee (NPCSC) generally adopts the three-trial system when deliberating legal cases, but the legislative law stipulates three exceptions: first, a legal case with unanimous opinions can be put to the vote after deliberation at two meetings; Second, if the parties agree to a partially revised bill, it can also be considered at a meeting and put to the vote; Third, after three deliberations by the Standing Committee, if there are still major issues that need further study, they shall be put forward by the chairman's meeting, and may be submitted to the Legal Committee and relevant special committees for further consideration without a vote with the consent of the joint meeting or plenary meeting.
According to the provisions and practice of the legislative law, the main division of labor between the three deliberations is:
The plenary session of the Standing Committee first heard the explanations of the sponsors on the draft law, and then the group meeting conducted a preliminary review of the draft law. The first trial focused on the necessity and feasibility of enacting the law and whether the framework of the law is reasonable.
The second trial heard the report of the Law Committee on the revision of the draft law and the main problems at the plenary session of the Standing Committee, and then conducted a comprehensive and in-depth review of the revised draft law proposed by the Law Committee at the group meeting. The focus of the second trial is whether the provisions on several major issues in the second draft of the draft law are appropriate and feasible.
During the third trial, the plenary session of the Standing Committee heard the report of the Law Committee on the deliberation results of the draft law, and then further considered the new revised draft law proposed by the Law Committee at the group meeting (referred to as the "third review draft"). The focus of the third trial is whether the opinions put forward by all parties on some major issues in the draft law have been properly resolved, and whether the opinions that have not been adopted have been fully and reasonably explained and explained. According to the deliberation opinions of the Standing Committee, the Law Committee held another meeting at that meeting, made necessary amendments to the draft law, put forward the proposed voting draft of the draft law, and submitted it to the group meeting for final consideration. If the members of the Standing Committee have no major differences of opinion on the draft to be voted, the meeting of directors shall submit it to the plenary meeting of the Standing Committee for voting, which shall be passed by more than half of all the members of the Standing Committee.
4. A system of widely listening to opinions from all sides. In the legislative process, in addition to the participation of NPC deputies and members of the Standing Committee in deliberation and discussion, opinions should be widely listened to, including several systems such as soliciting opinions in writing, symposiums, hearings, demonstration meetings, and publishing draft laws to the public for public consultation.
Four. Voting on bills is included in the bills considered by the National People's Congress. The revised draft law proposed by the Law Committee shall be submitted to the delegations for deliberation, and then revised by the Law Committee according to the deliberation opinions of the delegations, and a proposed voting draft of the draft law shall be submitted by the presidium to the plenary session of the General Assembly for voting, which shall be adopted by more than half of all the delegates.
The revised draft law included in the the NPC Standing Committee meeting shall be submitted by the Law Committee to the meeting of the Standing Committee for deliberation. The Law Committee shall make amendments according to the deliberation opinions of the members of the Standing Committee, and put forward a voting draft of the draft law, which shall be submitted by the meeting of directors to the plenary meeting of the Standing Committee for voting and passed by more than half of all the members of the Standing Committee.
The so-called all delegates or all members of the Standing Committee refer to all delegates or all members of the Standing Committee, not to the number of delegates or members of the Standing Committee, nor to all delegates or members of the Standing Committee attending the meeting. The so-called majority means that the affirmative vote exceeds half of all the deputies or all the members of the Standing Committee, and the affirmative vote is only half, not half.
Verb (abbreviation of verb) The publication of law is the last process of legislation and the necessary condition for the law to take effect. Laws passed by the National People's Congress and its Standing Committee shall be promulgated by a presidential decree signed by president. The presidential decree signed and promulgated the law stipulates the promulgation organ, adoption and implementation date of the law.
After the signing of the law, it will be published in the the National People's Congress Standing Committee (NPCSC) Gazette and the national newspapers in time. The legal text published in the bulletin of the Standing Committee is the standard text. The so-called standard text means that there are inconsistencies between various legal texts, and the legal text published in the bulletin of the Standing Committee shall prevail, so as to maintain the unity of the legal system and ensure the correct implementation of the law.