Regulatory review to be stepped up

Legislature to make sure normative documents respect the Constitution

China's top legislature said it will intensify the review of normative documents, such as administrative regulations and judicial interpretations, this year to ensure they do not contradict the Constitution.

Normative documents that conflict with the Constitution, or its spirit or principles, will be corrected to uphold the authority of the fundamental law and guarantee its implementation, according to a report being deliberated upon by national lawmakers.

"We'll also conduct more research on issues related to the Constitution and try to better explain the Constitution while recording and reviewing normative documents," said Shen Chunyao, director of the National People's Congress Standing Committee's Legislative Affairs Commission.

He introduced the report to the NPC Standing Committee, the country's top legislative body, on Wednesday, noting that strengthening the review and increasing research means respecting the Constitution and advancing the rule of law.

The top legislature received about 100 cases last year in which people, especially legal professionals, lawmakers and political advisers, complained that some documents appeared to conflict with the Constitution, said Liang Ying, director of the commission's normative document review office.

"It was a large number, which we didn't see before," he said, adding the office paid a great deal of attention to reviewing and solving each case.

In one case, for example, a person complained that the compensation standard for personal damage to rural residents in incidents such as traffic accidents or plane crashes was different from that for urban residents according to a judicial interpretation issued by the Supreme People's Court.

"The resident suggested we review the interpretation, thinking the different standard, which caused unfairness in legal practice, was inconsistent with the spirit of the Constitution," he said.

Considering the integrated development of rural and urban areas, "we thought the difference in compensation should be eliminated, so we talked to the top court, asking it to unify the standard by revising the interpretation," he said, adding that the revision process had begun.

Recording and reviewing normative documents, including administrative and local laws and regulations as well as judicial interpretations, is a significant duty of the top legislature, which has the power to correct and nullify documents that contradict the Constitution and national laws.

Last year, the NPC Standing Committee received 5,146 suggestions from individuals and organizations claiming that some documents were inconsistent with the Constitution and laws and requesting their review, the report said. Of those suggestions, 3,378 were identified as being under the scope of the top legislature for review, while the rest were sent to departments responsible for the areas involved for study and solving.

The top legislature also took the initiative to review normative documents in some major areas of concern, such as those related to the Civil Code, epidemic prevention, business environment and food and drug safety, to ensure they are not only consistent with the Constitution and laws, but also with the central leadership's policies and requirements in the new era, the report added.