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Legal Express: Compilation of Chairman's Order 2011

Classification:
National laws
Author:
Source:
2012/01/11 13:50
In 2011, China issued the Presidential Decree No. 41-53.
 
There are three new laws to be promulgated. They are the Administrative Mandatory Law, the Intangible Cultural Heritage Law, and the Taxation Law for Vehicles and Vehicles. The "Administrative Compulsory Law" has been brewing since 1999 and has been submitted to the Standing Committee of the National People's Congress for consideration and revision five times. It was finally passed on June 30, 2011. The introduction of the "Administrative Compulsory Law" on the one hand has given administrative agencies the necessary means to ensure that administrative agencies perform their duties and safeguard their public interests and public order; on the other hand, it regulates administrative enforcement to prevent and prevent abuse of power in order to protect The legitimate rights and interests of citizens, legal persons and other organizations.
 
There are eight laws that have been amended this year. According to the revised chronological order, they are: "Criminal Law Amendment (8)", "Coal Law", "Building Law", "Road Traffic Safety Law", "Individual Income Tax Law", "Military Service Law", and "Citizen ID Card Act." ", Occupational Disease Prevention Law." The revision of the "Criminal Law Amendment (8)" on the one hand embodies the policy of combining the strict and strict laws of China's criminal law, and adjusts some of the penalties, such as canceling the death penalty of some crimes, and adjusting some penalties for juvenile crimes; on the other hand, Increased penalties have been imposed on some crimes that seriously infringe on the personal safety of citizens, such as increasing penalties for drunk driving behavior. At the same time, the Supreme People's Court issued the Interpretation of the Supreme People's Court on the "Timely Effect of the Revised Criminal Law of the People's Republic of China (VIII)" in order to regulate the revision of the "Criminal Law." The "Personal Income Tax Law" is the sixth revision since its promulgation. This revision will increase the "tax threshold" for individual income tax from the original 2,000 yuan per month to 3,500 yuan. The amendment of the "Law on Resident Identity Cards" stipulates that citizens should register fingerprint information when they receive, redeem, or replace their ID cards, and at the same time strengthen the protection of citizens' personal information. The "Occupational Disease Prevention Act" last revised this year further clarifies and straightens out the supervisory duties of relevant departments in the prevention and treatment of occupational diseases.
 
According to the decision of the Standing Committee of the National People's Congress, two appointment and dismissal orders of the presidents of the two countries were announced this year. First, on February 25, 2011, Liu Zhijun was relieved of the post of Minister of Railways, appointed Sheng Guangzu as the Minister of Railways, and the second was the director of the National Population and Family Planning Commission who had liberated Li Bin (female) on December 31, 2011. Wang Xia (female) was appointed as the director of the National Population and Family Planning Commission.
 
 

Document number

Content and interpretation

The first
 
41
 
number



Amendments to the Criminal Law of the People's Republic of China

Revision background: The fifth session of the Eighth National People's Congress in 1997 completely revised the criminal law. Since then, the NPC Standing Committee has successively adopted a decision and seven amendments to the criminal law to revise and supplement the criminal law in accordance with the need to punish crimes. Some deputies to the National People's Congress and relevant parties in the society have proposed that in recent years, along with the economic and social development, some new situations and problems have emerged and the relevant provisions of the criminal law need to be revised. At the same time, the Central Government’s comments on deepening the reform of the judicial system and the working mechanism also require further implementation of the criminal policy of combining leniency with strictness and making necessary adjustments and revisions to the criminal law.
 
Interpretation of the Supreme People's Court on the Effect of Time in the Amendment to the Criminal Law of the People's Republic of China (VIII)
 
Interpretation of the Criminal Law Amendment Eight

No. 42

People's Republic of China Non-material Cultural Heritage Act

  The promulgation of the “Intangible Law” has adapted to the world trend of cultural diversity development, enriched China’s socialist legal system, and inherited and promoted the excellent traditional culture of the Chinese nation, enhanced national cohesion and creativity, and promoted the great development and prosperity of culture. It will have a significant and far-reaching impact.

 
"Report of the People's Republic of China on the Law on Intangible Cultural Heritage"
 
Cai Wu, Minister of Culture, reads "The Law of the People's Republic of China on the Intangible Cultural Heritage"

No. 43

People's Republic of China Taxation Law

  In December 2006, the State Council repealed the "Provisional Regulations on Taxes for the Use of Vehicles and Vehicles" and the "Provisional Regulations on Taxes on the Use of Vehicles and Vehicles," and formulated the "Provisional Regulations on the Taxation of Vehicles and Vehicles." The "Taxis for Vehicle Taxes" has been effective since January 1, 2007. In 2010, the income from taxation of vehicles and boats was 24.16 billion yuan, which was 3.8 times more than the total income from the use of vehicle and ship licences and the income from the use of vehicles and boats in 2006. According to the NPC authorization decision and the relevant provisions of the Legislation Law, taxation regulations established by the State Council should be raised to the law when conditions are ripe. The introduction of the "Tax Boat Tax Law" mainly has the following four aspects: First, it reflects the statutory principle of taxation. The second is to promote the construction of a tax legal system. The third is to improve the tax system through legislation, reflecting the fairness of the tax burden. Fourth, as the first law to rise by regulations and the first local tax law, it has a landmark role.

 
An Interpretation of the Issues Concerning the Tax Law of the People's Republic of China

No. 44

President of the People's Republic of China Order (Appointment)

 According to the decision of the 19th meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on February 25, 2011:

 
Liu Zhijun’s post of Minister of Railways was removed;
 
Sheng Guangzu was appointed as the Minister of Railways.

No. 45

Decision of the Standing Committee of the National People's Congress on Amending the "People's Republic of China Coal Law"

  The 20th meeting of the Standing Committee of the 11th National People's Congress decided to make the following amendments to the "People's Republic of China Coal Law":

 
Article 44 shall be amended to read: "Coal mining enterprises shall pay for work-related injury insurance premiums for employees participating in work-related injury insurance in accordance with the law. Encourage enterprises to handle accidental injury insurance for underground workers and pay insurance premiums."
 
This decision will come into effect on July 1, 2011.

No. 46

Decision of the Standing Committee of the National People's Congress on Amending the "Construction Law of the People's Republic of China"

 The 20th meeting of the Standing Committee of the 11th National People's Congress decided to make the following amendments to the "Construction Law of the People's Republic of China":

 
Article 48 shall be amended to read: "A construction enterprise shall pay for work-related injury insurance premiums for employees participating in work-related injury insurance in accordance with law. Encourage enterprises to handle accidental injury insurance for employees engaged in dangerous operations and pay insurance premiums."
 
This decision will come into effect on July 1, 2011.

No. 47

Decision of the Standing Committee of the National People's Congress on Amending the "Law of the People's Republic of China on Road Traffic Safety"

  This revision has revised the contents of Articles 91 and 96, focusing on the regulation of drunken driving and the punitive measures of counterfeiting and alteration of motor vehicle registration certificates.

No. 48

Decision of the Standing Committee of the National People's Congress on Amending the "Law of the People's Republic of China on Personal Income Tax"

This amendment is the sixth amendment since the promulgation of the "Law of the People's Republic of China on Personal Income Tax of September 10, 1980." In accordance with the relevant provisions of the new personal income tax law, the revised personal income tax law deducts the standard for wages and salaries. (In other words, the "income threshold" for personal income tax) has increased from the original 2,000 yuan per month to 3,500 yuan. After the adjustment, the monthly wage earners who are paid less than 3,500 yuan will no longer pay individual income tax, and about 60 million Chinese will no longer pay personal income tax.

No. 49

People's Republic of China Administrative Enforcement

  The "Administrative Mandatory Law of the People's Republic of China" (hereinafter referred to as the "Administrative Enforcement Law") will be formally implemented. This is a major event in building a socialist country under the rule of law and the rule of law. The Administrative Enforcement Law began in 1999 and was submitted to the Standing Committee of the National People's Congress for revision five times. It was finally approved at the 21st session of the 11th National People's Congress Standing Committee held on June 30, 2011.

 
The "Administrative Compulsory Law" has great significance in protecting the legitimate rights and interests of ordinary people
 
Interpretation of Administrative Enforcement Law: Regulating Administrative Enforcement and Avoiding Abuse of Power
 
The Media Explains the Three Bright Spots of Administrative Enforcement Law: Another Lever of Regulating Government Power

No. 50

Decision of the Standing Committee of the National People's Congress on Amending the Military Service Law of the People's Republic of China

  Since the implementation of the military service law, there have been some new situations and problems: First, it is difficult to recruit high-quality soldiers and it is difficult to meet the needs of the modernization of the armed forces. Second, the legal protection of the treatment of military personnel is not clear enough, which has affected the enthusiasm of some young people for dedicating their national defense, resulting in military attraction. It is difficult to retain talents. Third, the current resettlement system for retired soldiers is not adapted to the new situation, and it is difficult for military personnel to retired. In order to solve these problems, with the approval of the State Council and the Central Military Commission, the General Staff Headquarters took the lead and set up the Leading Group and Office for Revising the Military Service Law. The revision work was fully carried out in August 2005. On October 29, 2011, at the 23rd meeting of the 11th NPC Standing Committee, the amended "People's Republic of China Military Service Law" was passed.

 
Chief Minister of the Mobilization Department Min Minbin asked reporters to change his military service law

No. 51

Decision of the Standing Committee of the National People's Congress on Amending the Law on the Resident ID of the People's Republic of China

  According to the new “ID Card Law” that the Standing Committee of the Eleventh People’s Congress decided to revise, it is clarified that when citizens apply for collection, redemption, or replacement of resident ID cards, they should register their fingerprint information, and stipulate that the state decides to change their identity cards for the new generation of residents. If a citizen’s identity card expires, if the name of the citizen is changed or if the document is seriously damaged and cannot be identified, the citizen shall replace the new one. The new law also strengthens the protection of personal information of citizens, and stipulates that relevant units and their staff members shall keep confidential the personal information of citizens recorded in the resident identity cards obtained during the performance of their duties or the provision of services.

No. 52

Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases

A major feature of this revision of the Occupational Disease Prevention Law is to further clarify and straighten out the supervisory responsibilities of relevant departments in the prevention and treatment of occupational diseases. The revised Occupational Disease Prevention Law modifies the original “State Council’s health administrative department to be responsible for the supervision and management of occupational disease prevention throughout the country” to the State Department’s production safety supervision and management department, the health administrative department, and the human resources and social security department to determine according to this Law and the State Council. Responsible for the supervision and management of occupational disease prevention throughout the country.
 
Focus on amendments to the Occupational Disease Prevention Act: "High-risk dust" is written into the article

No. 53

President of the People's Republic of China Order (Appointment)

   According to the decision of the 24th meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on December 31, 2011:

 
     Libin’s (female) National Population and Family Planning Commission Director was removed from the post;
 
     Wang Xia (female) was appointed director of the National Population and Family Planning Commission.