Breaking down China's legislative agenda 2022 (Part II)

In this newsletter:

Formulation of Agriculture Production Quality Safety Law (农产品质量安全法)

Amendments of Sports Law (体育法) Vocational Education Law (职业教育法) Academic Degree Regulation (学位条例) Women’s Rights and Interests Protection Law (妇女权益保障法) Charity Law (慈善法) Science and Technology Popularization Law (科学技术普及法) Cultural Relics Protection Law (文物保护法) Civil Procedural Law (民事诉讼法) Public Safety Administration and Punishment Law (治安管理处罚法) Wild Animal Protection Law (野生动物保护法)

① Agricultural Product Quality Safety Law 农产品质量安全法

What does it do? According to the existing law, the present Law is formulated for the purpose of guaranteeing the quality safety of agricultural products, maintaining the health of the general public, and promoting the development of agriculture and the rural economy. It consists of Agricultural Product Quality Safety Standards; Places of Origin of Agricultural Products; Production of Agricultural Products; Packages and Marks of Agricultural Products; Supervision and Inspection; Legal Liabilities and Supplementary Provisions.             

Where are we at? Ministry of Agriculture and Rural Affairs firstly legislated on agricultural product quality safety in 2006. It contradicts with Food Safety Law 2015 amendment, causing law enforcement troubles for local officials, according to Li Lihua, an NPC representative. In 2018, the NPC standing committee amended a few articles and conducted a law enforcement speculation. On October 21st, 2021, a new draft went to NPC deliberation.

The bigger picture: This new draft helps improve the mechanism of responsibility for agricultural product quality and safety; strengthen the safety risk management of agricultural product quality and the development of standards; improve the control measures of production and operation of agricultural products for the whole process and agricultural product quality and safety supervision and management measures; increase the penalties for violations of the law.

② Sports Law 体育法

What does it do?  The Sports Law of 1995 mainly focuses on the administration of sports and competitive sports activities. The latest draft doubles the number of articles of the law, placing more responsibility on authorities to promote sports among the population, as well as installing more stern anti-doping regulations.

Where are we at? The Sports Law was firstly released in 1995 when the sports industry was far less prosperous than today. After that, several administrative regulations were released, such as the Regulations on Public Cultural and Sports Facilities, the Regulations on Anti-doping, the Regulations on National Fitness, and the Guiding Opinions on Accelerating the Promotion of National Youth Ice and Snow Sports in Schools. The Sports Law was amended in both 2009 and 2016, and the draft released in 2021 is the first large-scale revision in three decades.

Here is a detailed introduction to the amendment by Caixin.

The bigger picture. In coordination with the National Fitness Campaign, the 2021 version focuses more on citizen'’ health, such as facilitating sports participation and school sports. Moreover, to tackle the problem that sports administration now depends on regulations and policies rather than law, the amendment will promote the rule of law in sports, especially in competitive sports activities.

③ Vocational Education Law 职业教育法

What does it do? The latest draft in 2021 is the first large-scale revision since 1996, paying attention to CPC's leadership of vocational education, the management system of vocational education, cooperation between schools and enterprises, and support for vocational education. Most importantly, the draft places vocational education on par with general education, which may signal a more encouraging tilt toward this sometimes looked-down upon training track.

Here is the 2021 draft.

Where are we at? The current VE law came into force in 1996, and it hasn't been amended ever since. However, it went through several rounds of deliberation, in 2002-2005, 2008-2009, 2014-2021, but never managed to get actual progress due to contradictory views from various stakeholders. The 2021 draft is the first large-scale revision since 1996.

Here is an introduction to the revision of VE law on the NPC official website.

The bigger picture. Vocational education has long been stigmatized, and in recent years policies try to eliminate stereotypes and discrimination against VE. The 1:1 policy of the divergence between vocational education and general education after the high school entrance exam stimulates anxiety among urban middle-class families, and a legislative explanation for the status of VE can relieve the resistant mood of parents. VE students' unsatisfactory experiences also arise more and more public attention. For example, VE schools could not offer decent practical training and sometimes reportedly "sell" students to factory assembly lines, which saw them as cheap labor. The new draft emphasizes the high-quality development of VE and can be seen as a vital step to respond to the worries of the public.

④ Academic Degrees Regulation 学位条例

What does it do? The Academic Degrees Regulation went into effect in 1980. It sets rules on the conferment of the bachelor's, the master's, and the doctor's degree.

Here is the 2021 draft.

Where are we at? The effective 2004 Amendment conducts stricter procedures on conferring degrees. Under the advocacy of some NPC representatives, this new draft is no longer "regulations" but a law.

The bigger picture. Laws and regulations in the field of higher education are lagging behind social-economic development, an example of which is that the regulation hasn't received any large-scale deliberations in 40 years. The amendments may change the conditions under which students are qualified to graduate.

⑤ Women’s Rights and Interests Protection Law 妇女权益保障法

What does it do? The Women’s Rights and Interests Protection Law covers political rights, rights relating to culture and education, rights of labor and social security, rights relating to property, personal rights, rights relating to marriage and family. The 2021 draft advances in several areas of female rights protection, including the equal right to education, anti-discrimination in the job market, labor protection, land right protection, housework compensation in divorce, anti-sexual harassment, anti-domestic violence.

Where are we at? The Women’s Rights and Interests Protection Law came into force in 1992 and was revised in 1992, 2005, and 2018. The acting law has 9 chapters and 61 articles, while the 2021 draft expands to 12 articles, revises 48, removes 1, and adds 48 articles, making it the first large-scale revision in more than three decades.

Here is an introduction from Guangming Daily.

The bigger picture. Gender is one of the most heated topics in Chinese social media, and the revision of the law drew public attention during the 2022 two sessions. 85221 citizens offered 423719 comments for the amendment, underlining public interest. Many organizations urged netizens to voice their opinions during the comment-seeking process.

The amendment is lauded as being responsive to the most pressing concerns of the public, as amplified by a string of high-profile criminal cases where women’s rights were severely violated. Furthermore, the 2021 draft progressively changes certain terms. It firstly defines sexual discrimination in Chinese law, which is stated as exclusion and restriction based on gender. Also, Chapter 6 "personal rights"(人身权利) is renamed as "rights and interests of personality"（人格权益）, indicating law not only protect women's physical safety but also respect their autonomy and dignity.

⑥ Charity Law 慈善法

What does it do? Charity Law defines charitable activities, regulates charitable donation, trust, property, and services. It also provides detailed measures to facilitate the growth of charities.

Where are we at? Law on Donations for Public Welfare was released in 1999. In 2014, NPC representatives suggested revising it and to put Charity Law into the legislative plan. After two years of deliberation, the Charity Law came into force in 2016. After the 2022 two sessions, the NPC standing committee announced to begin revision of the law.

The bigger picture. In 2011, the notorious Guo Meimei scandal crashed the public trust for the Red Cross Society of China and brought corruption in charities into the daylight. Meanwhile, the first five years of the 2010s decade witnessed the fast growth of local NGOs in China, presenting a need for further regulation. Charity Law was released under that background, and now, it also gets new missions. In the 10th meeting of the Central Committee for Financial and Economic Affairs on Aug. 17, 2021, Xi Jinping delivered a speech stressing that common prosperity (an introduction by Beijing Channel, please see: The history of "Common Prosperity" in a nutshell (substack.com) ) is the essential requirement of socialism and an important feature of Chinese-style modernization. The meeting also emphasized the importance of "third distribution", which is seen as an encouraging policy for the charity.

⑦ Science and Technology Popularization Law 科学技术普及法

What does it do? Science and Technology Popularization Law offer a guideline for science promulgation work, including organizations and administration, public responsibilities, and supporting measures. It states that central and local government is responsible for the promulgation of science and technology. As a supporting measure, the government at all levels should include the expenses for the popularization of science and technology in the financial budgeting, construct facilities and employ professional staff.

Where are we at? The law came into force in 2002, as the implementation of the Strategy of Revitalizing China through Science and Education, and has never been amended since. 2022 NPC sessions put it into the legislative plan.

The bigger picture. The fast development of social media changes the communication of knowledge, while also creating new kinds of anti-science mentalities on the internet. The era of COVID-19 magnified the problem, that the anxiety over the pandemic offers hotbed misinformation. A better law to regulate the promulgation of knowledge is in real demand, and the revision offers an advantageous opportunity.

⑧Cultural Relics Protection Law 文物保护法

What does it do? The effective Cultural Relics Protection Law defines cultural relics include archaeological and historical relics and revolutionary relics that carry significant value. It states that all government agencies, public organizations, and individuals must protect cultural relics according to law, and regulates unmovable cultural relics, archaeological excavations, cultural relics in collection of cultural institutions, and civil collection, and entry and exit of cultural relics.

Where are we at? In retrospect, Cultural Relics Protection Law is the successor of Interim Regulation on Protection and Administration of Cultural Relics of 1961. In 1982, Cultural Relics Protection Law first came into force. It was amended in 2002, 2007, 2013, and 2017. National Cultural Heritage Administration submitted the revised draft for review to State Council in February 2021.

The bigger picture. Law enforcement inspection report of State Council in 2021 points out that cultural relics need better protection from stealing, smuggling and fire. Also, administration and research strength in cultural relics protection are not enough and require more talents to join in. President Xi emphasizes better utilization of cultural relics from the revolutionary period, and this is considered as an effective approach to inspire patriotism.     

⑨ Civil Procedure Law民事诉讼法

What does it do? The Civil Procedure Law is a basic law of the Chinese legal system, offering basic rules for civil procedure. It consists of four parts and twenty-seven chapters.

For the latest version of the original text and translation please see here.

Where are we at? Civil Procedure Law for Trial Implementation came into force in 1982. The official one was released in 1991, and it was amended in 2007, 2012, 2017, and 2021. The Supreme People's Court added judicial interpretations several times. The latest version came into force in Jan 1st, 2022.

The bigger picture. The civil procedure came under a period of swift change starting in 2019. Twenty cities of fifteen provinces began to conduct pilots program that experiments with different procedures for civil cases. After two years of exploration, the pilot program offers valuable experience for the 2021 amendment.

Another important innovation is online civil proceedings. 2021 amendments state that online civil proceedings conducted through an information network platform shall have the same legal force as offline legal proceedings.

A report on the effects of the revolution by China Daily, please click here.

⑩ Public Security Administration Punishments Law 治安管理处罚法

What does it do? According to Article 1, Public Security Administration Punishment Law is formulated to maintain the order of public security, safeguard public safety, protect the lawful rights and interests of citizens, legal persons, and other organizations.

Where are we at? The predecessor of the Public Security Administration Punishment Law is the Regulations on Administrative Penalties for Public Security which came into force in 1987 and was amended in 1994. Public Security Administration Punishment Law came into force in 2006 and was amended in 2012. A draft seeking public comment was released in 2017, but this law is still in the status of revision. The 2017 draft gives pumped up the fine for some unlawful activities and added provisions concerning cybercrimes.

The bigger picture. Public Security Administration Punishment Law is an important means for social governance, especially for behaviors that do not apply to the criminal law but interrupts social order, such as brawling and drunken driving. According to Li Zongsheng, a lawyer and NPC representative, the general provisions, type, and amount of fine of this law should be revised. This law should better coordinate with other laws, such as Criminal Law and Law on Administrative Penalty. New demands should also be paid attention to, including personal information protection, COVID-19 prevention and control, and pet raising.

⑪ Wild Animal Protection Law 野生动物保护法

What does it do? Wild Animal Protection Law seeks to protect wildlife, save precious and endangered wildlife and maintain biodiversity and ecological balance. It's a dispensable part of the promotion of ecological progress, one of the key national strategies during Xi’s tenure.

Where are we at? Wild Animal Protection Law of PRC came into force in 1988. The law has gone through four revisions since its first enactment. In 2020, China launched the process of the fifth amendment of the law aiming at completely cracking down on illegal wildlife trade in the context of the COVID-19 global pandemic. The draft of the fifth amendment of the Wild Animal Protection Law was released in October 2020 and has undergone review by the top legislature.

The bigger picture. Though the Wild Animal Protection Law has been revised four times since its first enactment 34 years ago, the wildlife trade is not completely banned and exists in scale in some places. Since the outbreak of the COVID-19 pandemic, the ban on wildlife trade has become a public health issue and a must for public security, for the transaction can be associated with the spread of infectious disease.

This newsletter is penned by Liao Chenjie, an intern for this Beijing Channel who will soon apply for a master’s program in the United States. She’s eyeing the University of Chicago and Harvard.