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| Provisions of the Standing Committee of the National People's Congress on Strengthening Inspection and Supervision of Law Enforcement | | 全国人民代表大会常务委员会关于加强对法律实施情况检查监督的若干规定 |
(Adopted at the Third Meeting of the Standing Committee of the Eighth National People's Congress on September 2, 1993) | |
（１９９３年９月２日第八届全国人民代表大会常务委员会第三次会议通过） |
For the purpose of upholding the dignity of the law, promoting law enforcement and enabling the Standing Committee of the National People's Congress to inspect and supervise law enforcement with more practical results, the following provisions on the inspection and supervision of law enforcement (simplified as inspection of law enforcement) are formulated in accordance with Article 67 of the Constitution and the provisions of relevant laws and on the basis of summing up the experience gained in practice in recent years. | |
为了维护法律的尊严，促进法律的贯彻执行，使全国人大常委会对法律实施情况的检查监督更富有实效，依照宪法第六十七条和有关法律的规定，并总结近几年的实践经验，对法律实施情况的检查监督（简称执法检查）作如下规定： |
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| 1. The Standing Committee and Special Committees of the National People's Congress shall inspect and supervise the enforcement of laws, resolutions and decisions regarding the laws, which are formulated by the National People's Congress or its Standing Committee. Concentrating on major problems in reform and opening up and in the socialist modernization drive and problems that the masses are most concerned, a focal point for the inspection of law enforcement in a certain period shall be determined. Special effort shall be made to inspect and supervise the enforcement of laws regarding the socialist market economy so as to safeguard and promote the development of the socialist market economy. | | 一、全国人大常委会和全国人大专门委员会对全国人大及其常委会制定的法律和有关法律问题的决议、决定贯彻实施的情况，进行检查监督。应围绕改革开放和社会主义现代化建设的重大问题，以及人民群众反映强烈的问题，确定一个时期执法检查的重点。特别要加强对有关社会主义市场经济方面法律实施情况的检查监督，保障和促进社会主义市场经济的发展。 |
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| 2. In inspecting law enforcement, the Standing Committee and Special Committees of the National People's Congress shall chiefly inspect and supervise the law enforcement conducted by the competent organs in charge of the implementation of laws, and urge the State Council and the departments under it, the Supreme People's Court and the Supreme People's Procuratorate to promptly resolve the problems arising in the process of law enforcement. The team for inspection of law enforcement shall not directly handle problems. | | 二、 |
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| 3. The inspection of law enforcement shall be carried out in a planned way. The plan for the inspection of law enforcement shall include the contents, organizations, time, places, ways and requirements of inspection. The plan of the National People's Congress Standing Committee for the inspection of law enforcement shall, after being drafted by the General Office of the Standing Committee within one month after the annual session of the Congress is closed, be reported to the Council of Chairmen for approval and printed for distribution at a meeting of the Standing Committee. The plans of the National People's Congress Special Committees for the inspection of law enforcement shall, after being drafted within one month after the annual session of the Congress is closed, be coordinated by the Secretary-General of the National People's Congress Standing Committee before they are reported to the Council of Chairmen for the record. The General Office of the National People's Congress Standing Committee shall notify of the plans for the inspection of law enforcement the State Council and its departments concerned, the Supreme People's Court, the Supreme People's Procuratorate and the people's congress standing committees of the relevant provinces, autonomous regions, and municipalities directly under the Central Government. | | 三、执法检查要有计划地进行。执法检查的计划应包括检查的内容、检查的组织、检查的时间和地点、检查的方式和要求等。全国人大常委会的执法检查计划，由常委会办公厅在每年代表大会会议后一个月内拟定，报委员长会议批准，印发常委会会议。全国人大各专门委员会的执法检查计划，也应在每年代表大会会议后一个月内制定，经全国人大常委会秘书长协调后，报委员长会议备案。执法检查计划由全国人大常委会办公厅通知国务院及其有关部门、最高人民法院、最高人民检察院及有关的省、自治区、直辖市人大常委会。 |
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| 4. The team for inspection of law enforcement shall be organized in line with the principle that the members are picked and work with high efficiency and convenience. The inspection team of the National People's Congress Standing Committee shall be composed of a head and certain number of members, all of whom are to be chosen by the Council of Chairmen from among the component members of the Standing Committee. The inspection team may be divided into several groups and manned with necessary working personnel. The team for inspection of law enforcement of a Special Committee shall be organized by the Special Committee itself. The inspection teams of both the Standing Committee and the Special Committees may enroll deputies to the National People's Congress and experts concerned to participate in their work, and they may also invite responsible persons of the competent organs in charge of law enforcement and the standing committees of the local people's congresses to take part in the work. | | 四、要本着精干、效能、便于活动的原则，组织执法检查组。全国人大常委会的执法检查组由组长一人、组员若干人组成，由委员长会议从常委会组成人员中确定。检查组可分为若干检查小组，并配备必要的工作人员。专门委员会的执法检查组，由本专门委员会组织。常委会和专门委员会的执法检查组可以吸收全国人大代表和有关专家参加工作，也可邀请法律实施主管机关和地方人大常委会的有关负责人参加工作。 |
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| 5. Component members and working personnel of the team for inspection of law enforcement shall familiarize themselves with and master the relevant laws, regulations and policies, collect material concerning law enforcement and hear reports of the competent organs in charge of law enforcement. | | 五、执法检查组成员和工作人员应熟悉和掌握有关法律、法规和政策，收集有关法律实施情况的材料，并听取法律实施主管机关的汇报。 |
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| 6. Members of the team for inspection of law enforcement shall go down to grass-roots units, go deep into the realities of life and go into the midst of the masses to learn and become well informed of the true conditions regarding law enforcement and study the problems in law enforcement by various means, such as hearing reports, holding informal discussions, paying private visits, making sample survey and conducting on-the-stop investigations. The departments and local authorities concerned shall support the work of the inspection team and provide it with true information and other necessary assistance. | | 六、执法检查组要深入基层、深入实际、深入群众，采用听取汇报、召开座谈会、个别走访、抽样调查、实地考察等多种形式，了解和掌握法律实施的真实情况，研究法律实施中存在的问题。有关部门和地方应支持执法检查组的工作，提供真实情况和其他必要的帮助。 |
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| 7. After the inspection is over, a report on the inspection of law enforcement shall be prepared under the leadership of the head of the inspection team. The contents of the report shall include: an overall appraisal of the enforcement of the law under inspection; analysis of the problems in law enforcement and the causes for those problems; proposals for the improvement of law enforcement; and proposals for the amendment, supplementation and interpretation of the law where necessary. In the report the information must be true and objective, and no contradiction shall be evaded. | | 七、检查结束后，由执法检查组组长主持，写出执法检查报告。执法检查报告的内容应包括：对所检查法律实施状况的全面评价；法律实施中存在的问题及原因分析；对改进执法工作的建议；对法律本身需要修改、补充、解释的建议等。报告必须客观真实地反映情况，不回避矛盾。 |
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| 8. The report on the inspection of law enforcement prepared by the inspection team of the National People's Congress Standing Committee shall be submitted by the Council of Chairmen to the Standing Committee for decision on whether to place it on the agenda of its meeting. As for the report on the inspection of law enforcement prepared by the inspection team of a Special Committee of the National People's Congress, the Council of Chairmen shall decide whether or not to submit it to the Standing Committee for decision on placing it on the agenda of its meeting. The report placed on the agenda shall be delivered to a plenary meeting of the Standing Committee by the head of the inspection team and shall be deliberated at group meetings and at the plenary meeting. Leading members of the competent organs in charge of law enforcement shall attend the meetings to listen to comments and answer inquiries. Component members of the Standing Committee may address inquiries with regard to major problems in law enforcement. When necessary, the Standing Committee may make relevant resolutions. Reports on the inspection of law enforcement that are prepared by Special Committees but are not put on the agenda of the meeting of the Standing Committee may be deliberated by the Special Committees respectively. | | 八、全国人大常委会执法检查组的执法检查报告，由委员长会议提请常委会决定列入会议议程。全国人大专门委员会执法检查组的执法检查报告，由委员长会议决定是否提请常委会决定列入会议议程。列入常委会会议议程的，由执法检查组组长向常委会全体会议汇报，并在分组会议和全体会议上审议。法律实施主管机关的负责人应到会听取意见，回答询问。常委会组成人员可以就法律实施中存在的重要问题提出质询。必要时，常委会可作出有关决议。未列入常委会议议程的专门委员会的执法检查报告，可由专门委员会审议。 |
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| 9. The report on the inspection of law enforcement deliberated at the meeting of the Standing Committee of the National People's Congress and the comments and suggestions thereon shall be referred to the competent organs in charge of law enforcement in writing by the Council of Chairmen. The organs concerned shall seriously improve the enforcement of law and within six months make a report in writing to the Standing Committee on the measures for improvement and the results achieved. When necessary, such report may be submitted by the Council of Chairmen to the Standing Committee for decision on placing it on the agenda of its meeting for deliberation. Reports on the inspection of law enforcement deliberated by the Special Committees of the National People's Congress and the comments and suggestions thereon shall be referred to the competent organs in charge of law enforcement by the Special Committees respectively. The organs concerned shall report to the Special Committees on the measures for improvement of law enforcement and the results achieved. If a Special Committee is not satisfied with such a report, it may submit a relevant bill or proposal to the Standing Committee for deliberation. | | 九、全国人大常委会会议审议的执法检查报告和审议意见，由委员长会议以书面形式交法律实施主管机关。有关机关应切实改进执法工作，并在６个月内将改进的措施以及取得的效果向常委会作出书面汇报。必要时，由委员长会议提请常委会决定列入会议议程，进行审议。全国人大专门委员会审议的执法检查报告和审议意见，由专门委员会转法律实施主管机关。有关机关应向专门委员会汇报改进执法的措施和效果。专门委员会如对汇报不满意，可以向常委会提出议案，提请常委会会议审议。 |
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| 10. With regard to major typical law-breaking cases discovered in the inspection of law enforcement, the Council of Chairmen may refer them to a Special Committee or a working body of the Standing Committee for investigation. The results of the investigation shall be reported to the Council of Chairmen, and the Council of Chairmen may, in light of the circumstances, demands the organs concerned to deal with the cases within a time limit. The organs concerned shall report the results of their disposition without delay. When necessary, the Council of Chairmen may submit the report to the meeting of the Standing Committee for deliberation. With regard to typical law-breaking cases of particularly grave nature, the Standing Committee may organize according to law a committee for the investigation of a specific problem. The Standing Committee shall not directly handle specific cases, which shall be handled by the competent organs in charge of law enforcement strictly in accordance with the procedures prescribed by law. | | 十、对执法检查中发现的重大的典型违法案件，委员长会议可以交由专门委员会或常委会办事机构进行调查。调查结果应向委员长会议报告，委员长会议可根据情况，要求有关机关限期处理，有关机关应及时报告处理结果。必要时，委员长会议可提请常委会会议审议。对特别重大的典型违法案件，常委会可依法组织特定问题的调查委员会。常委会不直接处理具体案件，具体案件应由法律实施主管机关严格依照法律程序办理。 |
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| 11. The mass media shall promptly report and publicize the inspection of law enforcement conducted by the Standing Committee of the National People's Congress. The General Office of the Standing Committee of the National People's Congress may hold news briefings on the inspection of law enforcement. Major typical law-breaking cases discovered in the inspection of law enforcement and their settlement may be made known to the public. | | 十一、新闻媒介要对全国人大常委会的执法检查活动及时进行宣传和报道。全国人大常委会办公厅可就执法检查举行新闻发布会。对执法检查中发现的重大典型违法事件及其处理结果，可以公之于众。 |
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