and Development, we made facilitating poverty alleviation and development an important aspect of our oversight work, and travelled to the old revolutionary base area in the Dabie Mountains and other contiguous poor areas to find out what the people there think and expect of the government. Basing ourselves in the present while looking ahead to the future, we proposed specific measures to encourage regions to use their local resource advantages to develop agriculture, launch a trial financial reform in rural areas, develop industrial parks and relocate industries to them, strengthen vocational education, and improve infrastructure. We strengthened communication and coordination with State Council departments and local governments to ensure that these measures were
implemented. We did this as part of our efforts to find new ways for old revolutionary base areas to shake off poverty and develop in a scientific way. In addition, the Standing Committee listened to and deliberated reports on the economic and social development of ethnic minorities and ethnic minority areas; arranged for special committees to conduct investigations and studies on this issue; and urged relevant authorities to earnestly implement the Law on Regional Ethnic Autonomy, carry out the central leadership’s policies and measures for accelerating economic and social development of ethnic minority areas, and increase support for these areas to develop their infrastructure, industries with local advantages, and basic public services, and to advance poverty alleviation, development and ecological conservation so they might achieve leapfrog development.
三是完善诉讼、刑事、行政法律制度，尊重和保障人权。十届全国人大通过的宪法修正案，明确将国家尊重和保障人权载入宪法。按照这一宪法原则，我们贯彻中央司法体制改革精神，修改刑事诉讼法，正确处理惩治犯罪与保障人权的关系，从证据制度、辩护制度、强制措施、审判程序、执行程序等方面对现行刑事诉讼制度作了重要补充和完善。修改民事诉讼法，进一步保障民事案件当事人诉讼权利，健全举证制度，完善调解与诉讼衔接机制，强化民事诉讼法律监督。为落实宽严相济的刑事政策，十届常委会修改的人民法院组织法，将死刑案件核准权统一收归最高人民法院，本届常委会审议通过的刑法修正案（八），取消13个经济性非暴力犯罪死刑罪名，使我国刑罚结构更趋合理。行政强制制度和国家赔偿制度直接涉及公权力的行使和公民合法权益的保护。在制定行政强制法和修改国家赔偿法过程中，坚持正确处理权力与权利、权力与责任的关系，既赋予国家行政机关、审判机关、检察机关必要的权力，又对权力的行使进行规范、制约和监督，避免和防止权力滥用，切实维护公民、法人和其他组织的合法权益。
Third, we improved the procedural, criminal and administrative legal systems to better respect and protect human rights. The revised Constitution passed by the Tenth NPC categorically stipulates that the state respects and protects human rights. In light of this constitutional principle and the central leadership’s guidelines on reforming the judicial system, we revised the Criminal Procedure Law to properly balance punishing crime and protecting human rights, and considerably supplement and improve the current criminal procedure system in terms of the system of evidence, the system of defense, coercive measures, procedures for trials, and procedures for executing judgments. We revised the Civil Procedure Law to better safeguard the procedural rights of parties to civil lawsuits, improve the system of evidence, improve the mechanism for coordinating mediation and litigation, and strengthen oversight of civil litigation proceedings. To implement the penal policy of severity tempered with mercy, the Standing Committee of the Tenth NPC revised the Organic Law of the People’s Courts so that the Supreme People’s Court alone has the power to rule on cases carrying the death penalty, and this Standing Committee deliberated and passed Amendment VIII to the Criminal Law to remove 13 nonviolent economic crimes from the list of capital crimes, thereby making punishment better fit the crime. The administrative enforcement system and the state compensation system directly affect the exercise of public power and the protection of citizens’ legitimate rights and interests. We enacted the Law on Administrative Enforcement and revised the Law on State Compensation by striking a proper balance between powers and rights and between powers and responsibilities, and giving state administrative, judicial and procuratorial bodies the
powers they require while standardizing, constraining and overseeing their exercise of power, in order to avoid and prevent abuses of power and effectively protect the legitimate rights and interests of citizens, legal persons and other organizations.
四、充分发挥人大代表参与管理国家事务的作用。全国人大代表是最高国家权力机关组成人员。尊重代表的权利就是尊重人民的权利，保障代表依法履职就是保证人民当家作主。我们始终把充分发挥代表作用作为坚持和完善人民代表大会制度的重要内容，在总结实践经验的基础上修改代表法，进一步推进代表工作制度化，提高代表服务保障工作水平，更好地发挥代表参与管理国家事务的作用。
4. Getting deputies to the NPC to fully play their role in participating in the administration of state affairs
Deputies to the NPC are members of the highest body of state power. Respecting the rights of deputies is tantamount to respecting those of the people, and guaranteeing that deputies perform their duties in accordance with the law is the same as ensuring that the people are masters of the country. We always made getting deputies to fully play their role an important aspect of upholding and improving the system of people’s congresses. We revised the Law on Deputies to People’s Congresses on the basis of a review of our practical experience, made our work related to deputies more systemic, provided better services for them, and got them to better play their role in participating in the administration of state affairs.
一是保证代表参加行使国家权力。出席人民代表大会会议，审议和表决各项议案、报告和其他议题，是代表参加行使国家权力的主要形式。为充分保证代表的民主权利，每次大会前，组织代表审阅和讨论拟提请大会审议的重要议案，认真听取代表意见和建议；会议期间，坚持发扬民主、集思广益，督促有关方面根据代表的意见和建议，修改完善各项议案和报告；会议结束后，及时将代表审议意见汇总整理，送有关方面研究改进工作。充分保证代表知情知政，及时向代表提供经济社会发展情况等材料，适时举办形势报告会，组织代表开展集中视察和专题学习，帮助代表了解党和国家重大决策以及有关工作进展情况，为代表审议好议案和报告创造条件。
First, we ensured that deputies to the NPC participated in the exercise of state power. The deputies to this NPC participated in the exercise of state power mainly by attending NPC sessions and
deliberating and voting on bills, reports and other matters. To fully ensure the democratic rights of deputies, before NPC sessions we organized them to go over and discuss important bills to be presented to the session for deliberation, and we conscientiously listened to their comments and suggestions on them. During NPC sessions, we promoted democracy, adopted all useful ideas of deputies, and urged relevant parties to revise and improve their bills and reports in light of deputies’ comments and suggestions. After NPC sessions, we promptly consolidated and put in order the comments and suggestions of deputies and referred them to relevant parties to study them and make improvements. We made every effort to keep deputies informed of developments in state affairs by promptly providing them with materials on the country’s economic and social development, holding meetings as needed to brief them on the situation, and organizing inspection tours and study
sessions for them on special topics, and helped them become acquainted with the major decisions of the Party and country and the progress of their work, thereby creating good conditions for them to deliberate bills and reports.
二是增强代表议案和建议办理实效。提出议案和建议是代表依法履职的重要内容，办理代表议案和建议是国家机关的法定职责。常委会每年听取审议各专门委员会关于代表议案审议结果的报告，听取常委会办公厅和有关方面关于代表建议办理情况的报告。代表议案和建议承办单位注重加强与代表的联系，邀请代表参加座谈会和专题调研，共同研究办理方案，有关专门委员会还加强对重点办理代表建议的跟踪督办，努力使议案办理过程成为提高立法质量的过程，使建议办理过程成为推动改进工作的过程。职业病防治法的修改，就吸收了代表提出的明确用人单位责任、发挥工会组织作用、加强工作场所环境检测等意见。宁夏代表团建
议中提出的保障西海固地区饮水安全、实施生态移民搬迁以及发展节水高效农业等问题，内蒙古代表团建议中提出的保护草原生态、增加牧民收入等问题，经过持续跟踪督办和各方面共同努力，已经得到较好解决，一些好的做法还在全国推广。这不仅是充分发挥代表作用的结果，更是人民当家作主的重要体现。
Second, we handled bills and proposals of deputies more effectively. Submitting bills and proposals is an important way deputies perform their duties in accordance with the law, and it is the legally mandated duty of state bodies to handle their bills and proposals. Every year, the Standing Committee listened to and deliberated reports of special committees on the results of their deliberation of deputies’ bills, and listened to reports of the General Office of the Standing
Committee and relevant parties on their handling of deputies’ proposals. Organizations to which deputies’ bills and proposals were referred increased ties with deputies, invited them to participate in symposiums and in investigations and studies on special issues, and worked with them on studying and handling their bills and proposals. Special committees strengthened follow-up
oversight of the handling of key proposals and worked to ensure that the handling of bills raised the quality of legislation, and the handling of proposals helped improve work. For example, the Law concerning the Prevention and Control of Occupational Diseases was revised on the basis of deputies’ proposals that the responsibilities of employers be clarified, trade unions play a bigger role, and workplace monitoring be strengthened. The problems of how to ensure safe drinking water in Xihaigu, Ningxia, relocate people for ecological reasons, and develop water-conserving,
high-efficiency agriculture, raised by the Ningxia delegation of deputies in its proposals to the NPC, and the problems of how to protect the ecology of grasslands and increase herdsmen’s incomes, put forward by the Inner Mongolia delegation in its proposals, have all been solved satisfactorily owing to special committees’ continued follow-up oversight and the concerted efforts of everyone involved, and some of the solutions have also been spread throughout the country. This was not only the result of deputies playing their role, but was an important manifestation of the position of the people as masters of the country.
三是扩大代表对常委会工作的参与。常委会由代表大会产生，对代表大会负责，受代表大会监督。常委会注重紧紧依靠代表做好各项工作，建立健全代表参与常委会工作的机制。在制定立法规划和年度立法、监督工作计划时，认真研究代表议案和建议反映集中的突出问题，并作为确定立法和监督项目的重要依据。在开展立法、监督工作的过程中，邀请相关领域和熟悉情况的代表参与立法调研、专题调研和执法检查，邀请代表列席常委会会议和专门委员会会议，重要法律草案还书面征求全体代表意见，充分采纳代表提出的合理建议。列席会议和参加活动的代表精心准备、积极参与，为提高常委会工作质量发挥了重要作用。
Third, we expanded deputies’ participation in the work of the Standing Committee. The Standing Committee is formed by the NPC and is responsible to it and subject to its oversight. The Standing Committee relied closely on deputies so it could do its work well and put in place a sound
mechanism for deputies’ participation in its work. When drawing up legislative plans and annual plans for legislative and oversight work, we carefully studied the major problems deputies most commonly raised in their bills and proposals and took them as an important basis for setting legislative and oversight tasks. In the course of our legislative and oversight work, we invited deputies who are involved in the concerned area or familiar with the issues to participate in
investigations and studies of legislative matters or special topics and in investigations of compliance with laws, and to attend the meetings of the Standing Committee and special committees in a
nonvoting capacity. In addition, we solicited written opinions on major draft laws from all deputies to the NPC and adopted all their reasonable suggestions. Deputies who attended the meetings in a nonvoting capacity or took part in other activities carefully prepared in advance and actively participated, thus playing an important role in improving the quality of the work of the Standing Committee.
四是密切代表同人民群众的联系。人大代表工作和生活在人民中间，同人民群众保持着密切联系，对党和国家的方针政策、宪法和法律的贯彻实施体会最深刻，对现实生活中的实际问题、人民群众的愿望呼声了解最深入。加强和改进代表联络服务工作，在省级人大常委会设立全国人大代表联络处，建立健全260多个全国人大代表小组，完善代表小组活动方式，拓宽代表联系人民群众的渠道，支持代表通过多种形式听取和反映群众意见。围绕改革发展稳定的重大问题，每年组织代表开展专题调研，并将调研报告转交有关方面研究处理，为党和国家决策提供参考。
Fourth, we forged closer ties between deputies and the people. Deputies work and live among the people and have close ties with them. They fully understand how the principles and policies of the Party and government and the country’s Constitution and laws are implemented. They have a thorough knowledge of the practical problems of daily life and what the people want. We strengthened and improved our work of maintaining contacts with and serving deputies, and established contact offices for deputies to the NPC at standing committees of provincial-level
people’s congresses. We set up over 260 groups of deputies to the NPC and improved the way they carry out activities. We expanded the channels through which deputies maintain contacts with the people, and supported them in listening to and reporting on the people’s opinions in a variety of ways. Every year we organized investigations and studies for deputies on major issues affecting reform, development and stability, and referred investigative reports resulting therefrom to relevant parties for study and handling, thereby providing reference information for the Party and government to make decisions.
五、坚持民主集中制原则、依法按程序办事。我国宪法规定，国家机构实行民主集中制原则。人大是国家权力机关，统一行使国家权力，国家行政机关、审判机关、检察机关都由人大产生，对它负责，受它监督。全国人大及其常委会依照宪法和法律的规定，根据党的主张和人民的意愿，通过制定法律、作出决议，决定国家大政方针，并监督宪法和法律的实施，监督和支持―一府两院‖依法行政、公正司法。我们正确处理人大与―一府两院‖的关系，做到依法履职、尽职尽责，但不代行行政权、审判权、检察权，保证各国家机关在党的领导下，按照各自职责和分工，协调一致地开展工作，共同为建设中国特色社会主义服务。在具体工作中，注意加强与―一府两院‖的沟通协调，共同研究解决立法中存在的主要矛盾和问题；就执法检查、专题调研、计划和预算决算初步审查中发现的问题与有关方面交换意见，将常委会组成人员的审议意见送―一府两院‖研究处理，并要求依法向常委会报告研究处理结果；针对法规备案审查中发现的同宪法和法律相抵触的问题，及时与制定机关加强沟通、提出意见，督促自行修改或废止。实践证明，人大依法加强监督，有利于促进―一府两院‖改进工作，推动国家各项工作法治化；―一府两院‖自觉接受人大监督，有利于依法行政、公正司法，保证人民赋予的权力始终用来为人民谋利益。
5. Adhering to the principle of democratic centralism and acting in accordance with the law and procedures
China’s Constitution stipulates that state institutions shall apply the principle of democratic
centralism. People’s congresses are bodies of state power and exercise state power in a unified way. The administrative, judicial and procuratorial bodies of the state are created by people’s congresses and are responsible to them and subject to their oversight. The NPC and its Standing Committee determine the country’s policies and principles by enacting laws and adopting resolutions on the basis of the provisions of the Constitution and laws, the standpoints of the Party and the will of the people. They oversee the implementation of the Constitution and laws, oversee and support the State Council in carrying out its administrative functions in accordance with the law, and oversee and support the Supreme People’s Court and the Supreme People’s Procuratorate in being fair in exercising their judicial functions. We correctly handle our relationship with the State Council, the Supreme People’s Court and the Supreme People’s Procuratorate. We fully perform our official duties in accordance with the law and do not arrogate the exercise of administrative, judicial or
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