全国人民代表大会常务委员会工作报告 中英对照

REPORT ON THE WORK OF THE STANDING COMMITTEE
OF THE NATIONAL PEOPLE\'S CONGRESS

Delivered at the Second Session of the Eleventh National People\'s Congress on March 9, 2009

全国人民代表大会常务委员会委员长　吴邦国
Wu Bangguo
Chairman of the Standing Committee of the National People\'s Congress

各位代表：
Fellow Deputies,

我受全国人大常委会委托，向大会报告工作，请予审议。
I have been entrusted by the Standing Committee of the National People\'s Congress (NPC) to present this report on its work for your deliberation and approval.

过去一年的主要工作
Main Accomplishments of Last Year

2008年，面对重大困难和严峻挑战，以胡锦涛同志为总书记的党中央团结带领全国各族人民同心同德、顽强拼搏，全面夺取抗灾救灾斗争重大胜利，成功举办北京奥运会、残奥会，圆满完成神舟七号载人航天飞行任务，隆重纪念改革开放30周年，经济保持较快增长，民生得到进一步改善，社会大局保持稳定，国际地位进一步提高，中国特色社会主义事业取得了新的伟大成就。
Faced with tremendous hardships and rigorous challenges in 2008, the Party Central Committee, with Comrade Hu Jintao as General Secretary, united with the people of all our ethnic groups and led them in working hard with one heart and one mind, completely winning a great victory in combating disasters and providing disaster relief, successfully hosting the Beijing Olympics and Paralympics, flawlessly accomplishing the Shenzhou VII manned space mission, solemnly commemorating the 30th anniversary of the reform and opening up policy, maintaining rapid economic growth, further improving the people\'s lives, maintaining overall social stability, enhancing China\'s international standing and making great new achievements in the cause of socialism with Chinese characteristics.

过去的一年，是十一届全国人大常委会依法履职的第一年。我们全面贯彻党的十七大和十七届三中全会精神，以邓小平理论和“三个代表”重要思想为指导，深入贯彻落实科学发展观，坚持党的领导、人民当家作主、依法治国有机统一，紧紧围绕党和国家工作大局、紧紧抓住经济社会发展中的突出问题，依法行使职权，积极开展工作，充分发挥了国家权力机关的作用。一年来，共审议15件法律案，通过9件，听取审议国务院、最高人民法院、最高人民检察院13个工作报告，作出3项决议，检查5部法律的实施情况，决定批准我国与外国缔结的条约、协定以及加入的国际公约20件，还决定和批准任免一批国家机关工作人员，为社会主义经济建设、政治建设、文化建设、社会建设作出了新的贡献。
Last year was the first year in which the Standing Committee of the Eleventh NPC carried out its functions in accordance with the law. We fully implemented the guiding principles of the Seventeenth National Party Congress and the Third Plenary Session of the Seventeenth Central Committee, took Deng Xiaoping Theory and the important thought of Three Represents as our guide, thoroughly applied the Scientific Outlook on Development, and organically integrated the leadership of the Party, the position of the people as masters of the country and the rule of law. Focusing on the overall work of the Party and the state, we devoted a great deal of effort to resolving serious issues in economic and social development, exercised our functions and powers in accordance with the law, did our work energetically, and fully played our role as an organ of state power. Over the past year, we deliberated 15 draft laws, passed nine of them, heard and deliberated 13 work reports from the State Council, the Supreme People\'s Court and the Supreme People\'s Procuratorate, adopted three resolutions, investigated compliance with five laws, approved 13 treaties and accords China concluded with foreign countries and its accession to seven international conventions, and made decisions on and approved the appointment and removal of a number of employees in Chinese state organs, thus making further contributions to socialist economic, political, cultural and social development.

一、全力支持抗震救灾和灾后恢复重建
1. Giving full support to earthquake relief and post-earthquake recovery and reconstruction

去年5月12日发生的四川汶川特大地震，给灾区人民生命财产造成极大损失，也给国家经济社会发展带来严重影响。灾情牵动着全国各族人民的心。全国人大常委会紧急行动，认真落实中央部署，从人大工作自身特点出发，加强监督和立法工作，全力支持抗震救灾和灾后恢复重建，充分发挥了社会主义制度集中力量办大事的政治优势。
The massive earthquake that hit Wenchuan in Sichuan Province on May 12 inflicted enormous damage to both lives and property in the quake zone and seriously affected the country\'s economic and social development. The earthquake elicited a sympathetic response from all the Chinese people. The NPC Standing Committee acted promptly, carried out the arrangements of the Central Committee diligently, took the characteristics of the NPC\'s work as its starting point, strengthened oversight and legislation, fully supported earthquake relief and post-earthquake recovery and reconstruction in the quake zone, and made full use of the political advantages of the socialist system which enables it to concentrate resources to accomplish large undertakings.

一是及时调整工作计划。去年5月22日，专门召开委员长会议，专题听取国务院汇报，为突出工作重点，支持国务院集中精力抓好抗震救灾工作，决定调整常委会工作计划，将听取审议国务院关于抗震救灾和灾后恢复重建工作报告，以及2008年中央预算调整方案列入6月份常委会会议议程；决定将按惯例在6月份会议审议的中央决算和审计工作报告、审查批准2007年中央决算等议程调整到8月份的会议。为有充分时间把这次抗震救灾、过渡性安置和灾后恢复重建积累的有益经验吸收到相关法律中，决定将原计划6月份会议审议的防震减灾法修订草案调整到10月份的会议审议。
First, we promptly adjusted our work plan. The Chairperson\'s Council held a special session on May 22 to listen to the State Council\'s report on the earthquake. In order to focus on our work priorities and help the State Council concentrate on earthquake relief, the Chairperson\'s Council decided to adjust the work plan of the Standing Committee by putting deliberation of the State Council\'s report on earthquake relief and post-earthquake recovery and reconstruction and its proposed revisions of the central budget for 2008 on the agenda of the June meeting of the Standing Committee. It also decided to postpone deliberation of the 2007 central government final budget and the auditing report as well as the deliberation and approval of the final budget from the June meeting, where this is normally done, to the August meeting. In order to allow sufficient time to incorporate the useful lessons accumulated in carrying out earthquake relief, interim arrangements, and post-earthquake recovery and reconstruction into relevant laws, the Chairperson\'s Council decided to postpone the deliberation of the revised draft Law on Protecting Against and Mitigating Earthquake Disasters from June to October.

二是坚决落实党中央关于集中财力投入抗震救灾的决策。为确保抗震救灾和灾后恢复重建资金需要，5月22日委员长会议明确，要以保障灾区人民生活为根本，一切从抗震救灾实际情况出发，根据特事特办的原则，建议从中央预算稳定调节基金中调用大部分，建立灾后恢复重建基金，按基金实际收支情况列入和调整中央预算，依法报全国人大常委会审查批准；在预算调整方案批准之前，所需资金可先从中央国库库款中调拨，以确保抗震救灾和灾后恢复重建资金及时拨付到位。同时要求加强资金使用情况的审计和监督，并建议对下一步所需资金早做安排。6月份的常委会会议，审查批准了2008年中央预算调整方案，同意建立灾后恢复重建基金，为抗震救灾和灾后恢复重建工作顺利推进提供了资金保障。还建议有关方面尽快制定灾后恢复重建规划和具体实施方案，明确相关政策，多方位支持灾后重建和生产自救。
Second, we resolutely implemented the Party Central Committee’s decision on collecting financial resources for earthquake relief. It was made clear at the Chairperson\'s Council meeting on May 22 that safeguarding the lives of people in the quake zone was paramount and that we needed to proceed from the actual earthquake relief situation in everything we did. It was proposed that the bulk of the central budget stabilization fund should be used to establish a fund for post-earthquake recovery and reconstruction in line with the principle of taking special measures in special situations. According to the proposal, the actual revenue and expenditures of the fund should be included in the central budget, which should be adjusted accordingly, and this plan should be submitted to the NPC Standing Committee for deliberation and approval in accordance with the law. According to the same proposal, before the plan to revise the budget was approved, the fund should be first financed through the central treasury to ensure timely allocation of funding for earthquake relief and post-earthquake recovery and reconstruction. In addition, the requirement was made that there should be strict auditing and oversight of the use of the funds, and it was suggested that any further funding required should be arranged in advance. At the meeting of the Standing Committee in June, we deliberated and approved the plan to revise the central budget for 2008, and reached agreement to establish a fund for post-earthquake recovery and reconstruction, thus providing funding guarantees for smooth progress in earthquake disaster relief and post-earthquake recovery and reconstruction. Another proposal was made that the relevant authorities should formulate a plan for post-earthquake recovery and reconstruction and specific measures for implementing it as soon as possible, clarify recovery and reconstruction policies, and adopt a variety of means to support reconstruction and help disaster victims to resume production.

三是在全力投入抗震救灾的情况下，强调一手抓抗震救灾，一手抓经济社会发展，以确保全年任务的完成。6月26日，常委会专门作出决议，积极评价抗震救灾工作取得的显著成效，充分肯定国务院、地方政府和各方面的工作，要求继续全力抢救伤员、妥善安置受灾群众、扎实推进灾后恢复重建。审议中，常委会组成人员指出，四川汶川特大地震和年初南方部分地区严重低温雨雪冰冻灾害，给做好全年经济工作带来很大困难。在困难的形势下，更要按照中央的决策部署，一手抓抗震救灾，一手抓经济社会发展，高度重视、及时研究、切实解决经济运行中出现的突出矛盾，努力夺取抗震救灾和经济社会发展双胜利。同时要精心做好北京奥运会各项筹办工作，排除干扰，确保把北京奥运会办成一届有特色、高水平的奥运会。
Third, while throwing ourselves headlong into earthquake relief, we never lost sight of the importance of promoting economic and social development to ensure that the tasks for the whole year would be completed. The Standing Committee passed a special resolution on June 26 which positively appraised the remarkable achievements made in providing earthquake relief; fully endorsed the work of the State Council, local governments and all sectors of society; and called for continued efforts to do everything possible to rescue the injured, make appropriate arrangements for the disaster victims and effectively carry out post-earthquake recovery and reconstruction. During the meeting, members of the Standing Committee pointed out that the massive Wenchuan earthquake and the severe snow and ice storms in part of the south at the beginning of the year made it difficult to successfully carry out our economic work for the whole year. They added that when facing difficulties, it is even more important to follow the Central Committee\'s decisions and arrangements, provide earthquake relief while also promoting economic and social development, pay close attention to, promptly study and effectively solve the major problems arising in economic activity, and successfully provide earthquake relief and promote economic and social development. Standing Committee members also stressed the need to carefully prepare for the Beijing Olympics despite the disruptions to ensure it is a distinctive and high-level event.

四是全面修订防震减灾法。防震减灾法修订草案在10月份的常委会会议初审后，即通过主要新闻媒体向社会全文公布征求意见，共收到意见建议7300多件。有关专门委员会及时组织精干人员到灾区实地调研，充分听取抗震救灾一线干部群众的意见。根据各方面的意见，常委会对防震减灾法作了较大修改，提高了建设工程尤其是学校、医院等公用设施的抗震设防标准，完善了地震应急救援体系，加强了灾后过渡性安置和灾后恢复重建的制度措施。
Fourth, we completely revised the Law on Protecting Against and Mitigating Earthquake Disasters. After the revised version of this law was deliberated for the first time at the meeting of the Standing Committee in October, we released the full text to the public via major news media for comments, and received over 7,300 comments and suggestions in return. Special committees of the NPC promptly organized highly qualified personnel to conduct investigations in the quake zone and carefully listen to the comments of cadres and ordinary people providing earthquake relief on the frontlines. The Standing Committee considerably revised the draft law based on these comments to raise the earthquake resistance standards for building construction, especially for schools, hospitals and other public facilities, improve the emergency rescue system and strengthen the systems and measures for making interim arrangements and carrying out post-earthquake recovery and reconstruction.

二、积极推动经济又好又快发展
2. Vigorously promoting sound and rapid development of the economy

深入贯彻落实科学发展观，推动经济又好又快发展，是常委会工作的一个重点。工作中，我们抓住经济社会发展中的突出问题，综合运用多种监督形式，加强跟踪监督，推动改进工作，完善法律制度，使人大工作更有深度、更具活力。
Thoroughly applying the Scientific Outlook on Development and promoting sound and rapid economic development is a focal point of the work of the Standing Committee. In our work, we focused on major problems in economic and social development, employed a full range of oversight means, strengthened follow-up oversight, made improvements in our work, and improved the legal framework, thereby making the work of the NPC more thorough and dynamic.

一是推动中央宏观调控重大决策部署的贯彻落实。去年以来，面对复杂多变的国际经济形势和国内经济运行中的突出矛盾和问题，党中央审时度势，及时把宏观调控的首要任务从年初的“两防”，即防止经济增长由偏快转为过热、防止价格由结构性上涨演变为明显通货膨胀，调整为年中的“一保一控”，即保持经济平稳较快增长、控制物价过快上涨。为应对国际金融危机快速蔓延，11月份又果断调整为积极的财政政策和适度宽松的货币政策，并采取了一系列扩大内需、促进经济增长的政策措施。
First, we carried forward implementation of the major macro-control decisions and arrangements of the Central Committee. In the face of a complicated, volatile international economic situation and serious conflicts and problems hindering domestic economic development last year, the Central Committee sized up the situation and promptly shifted the primary task for macro-control, which had been defined at the beginning of the year to be the prevention of excessively fast economic growth from becoming overheated growth and the prevention of structural price increases from turning into significant inflation, and redefined it to be maintenance of steady and rapid economic growth and curbing price hikes in mid-2008. In response to the rapidly spreading global financial crisis, in November the Central Committee resolutely shifted to a proactive fiscal policy and a moderately easy monetary policy and adopted a series of policies and measures to boost domestic demand and promote economic growth.

为了确保中央重大决策部署的贯彻落实，常委会除按计划听取审议加强金融宏观调控、稳定物价工作等报告外，面对国际金融危机新形势，12月份的常委会会议专题安排听取审议国务院关于应对国际金融危机、确保国民经济平稳较快发展情况的报告。审议中，常委会组成人员对国务院的工作给予充分肯定。同时指出，当前国际金融危机继续蔓延和对我国实体经济的影响不断加深，我国发展的外部经济环境日趋严峻。在有效需求不足的情况下，我国经济社会发展中的一些深层次矛盾和问题也会更加凸显。要切实增强忧患意识，把思想和行动统一到中央对形势的分析判断和对工作的总体部署上来，全面贯彻中央经济工作会议精神，化严峻挑战为发展机遇，变市场压力为调整动力，在保持经济平稳较快发展的同时，切实把加快经济发展方式转变和结构调整作为主攻方向。大家强调，在许多行业产能过剩的情况下，贯彻落实积极的财政政策和适度宽松的货币政策，最重要的是严格把握政策和投资导向，防止低水平重复建设，防止新一轮城市盲目扩张。
In order to ensure proper implementation of the Central Committee\'s major policies and arrangements, the Standing Committee, in addition to hearing and deliberating the reports on strengthening macro-control in the financial sector and stabilizing prices as originally scheduled, also deliberated and approved the report of the State Council on responding to the global financial crisis and ensuring steady and rapid economic development at its December meeting in response to the latest developments in the global financial crisis. At the meeting, members of the Standing Committee fully affirmed the State Council\'s work. In addition, they also noted that because the current global financial crisis was spreading and its impact on China\'s real economy was continuing to widen, the external economic environment for the country\'s development was worsening by the day. It was also noted that because of insufficient effective demand, some deep-rooted issues and problems in China\'s economic and social development would also become more serious. This required us to be more aware of potential danger and bring our thinking and actions in line with the Central Committee\'s analysis and judgment of the situation and its overall work arrangements. It was necessary for us to faithfully follow the guiding principles of the Central Economic Work Conference, transform serious challenges into development opportunities, and change market pressure into an impetus for adjustment. While working to maintain steady and rapid economic development, we needed to concentrate on speeding up transformation of the pattern of economic development and carrying out economic restructuring. Everyone present at the meeting emphasized that the excess production capacity in many industries made it imperative for us to strictly maintain the orientation of policies and investment and avoid low-level, redundant construction and a new round of haphazard urban expansion in implementing the proactive fiscal policy and the moderately easy monetary policy.

为了保证积极的财政政策顺利实施，根据预算法有关规定，建议2008年新增投资从当年中央预算超收收入中列支，并依法向全国人大常委会报告；同意在全国人民代表大会批准2009年中央预算前，预拨一定比例的资金，保证重点建设项目的资金需要，预算批准后按批准的预算执行；建议经国务院批准由财政部代理发行的2009年地方政府债券纳入地方财政预算，报经同级人民代表大会或其常委会批准。
To ensure smooth implementation of the proactive fiscal policy, we proposed funding additional investment programs in 2008 from that year\'s surplus revenue in the central budget in accordance with the relevant provisions of the Budget Law, which had to be reported to the Standing Committee as required by law. We agreed that a certain proportion of the funds should be disbursed before the NPC approves the 2009 central budget in order to ensure adequate funding for key development projects and that when the budget is approved it should be implemented accordingly. We also suggested that the bonds issued for local governments, which need to be approved by the State Council and issued by the Ministry of Finance on their behalf, be incorporated into their budgets and submitted to the people\'s congress or its standing committee at the corresponding level for approval.

二是推动转变经济发展方式。加快转变经济发展方式，推动产业结构优化升级，是关系国民经济全局紧迫而重大的战略任务。12月份的常委会会议专题听取审议国务院关于“十一五”规划纲要实施中期情况的报告。审议中，常委会组成人员充分肯定成绩，客观分析问题，提出中肯建议并指出，从评估情况看，纲要确定的大多数指标达到预期进度要求，实施情况总体上是好的。但反映经济结构的4个指标中，服务业增加值、服务业就业、研发经费等3个指标没有达到预期进度要求；单位国内生产总值能源消耗、主要污染物排放总量等两个主要约束性指标与规划目标差距较大。这在很大程度上表明，我国经济发展方式尚未根本转变，产业结构仍以工业为主导，需求结构仍以出口和投资为主导，资源环境压力加重、扩大就业难度加大、消费不足等问题依然突出。建议国务院及有关部门要高度重视存在的问题，按照党的十七大精神，加快推进经济发展方式的“三个转变”，加大工作力度，努力实现“十一五”规划纲要确定的目标任务。常委会还通过制定循环经济促进法、修改专利法，听取审议国务院关于水污染防治工作情况报告、开展环境影响评价法执法检查等方式，推动各级政府和有关方面落实科学发展观，转变经济发展方式。
Second, we promoted transformation of the pattern of economic development. Accelerating change in the pattern of economic development and promoting improvement and upgrading of the industrial structure are pressing and major strategic tasks that have an overall bearing on the national economy. The Standing Committee heard and deliberated the State Council\'s report on the intermediate assessment of the implementation of the Outline of the Eleventh Five-Year Plan at its December meeting. Those present at the meeting fully acknowledged the achievements made, analyzed problems from an objective perspective, and made pertinent suggestions. They noted that the assessment showed satisfactory progress was being made toward most of the targets set forth in the outline and that the outline was being implemented satisfactorily on the whole. However, three of the four indices reflecting the condition of the economic structure - added value of the service sector, employment in the service sector, and R&D expenditures - failed to achieve the expected progress, and two major binding targets - energy consumption per unit of GDP and total emissions of major pollutants - fell far short of the set goals. To a great extent this showed that the pattern of China\'s economic development had not been transformed fundamentally: industry still holds the dominant position in the industrial structure, exports and investment still play the leading role in the demand structure, and serious problems such as mounting pressure on resources and the environment, increasing difficulty in expanding employment, and insufficient consumption still exist. We proposed that the State Council and relevant departments attach great importance to these problems, accelerate the implementation of the "three transformations" in the pattern of economic development [transformation from relying mainly on investment and exports to relying on a well coordinated combination of consumption, investment and exports, transformation from secondary industry serving as the major driving force to primary, secondary and tertiary industries jointly driving economic growth, and transformation from relying heavily on increased consumption of material resources to relying mainly on advances in science and technology, improvement in the quality of the workforce and innovation in management - Tr.] in accordance with the guiding principles of the Seventeenth Congress, and work harder to fulfill the objectives and tasks set forth in the Outline of the Eleventh Five-Year Plan. The Standing Committee also prodded governments at all levels and other concerned parties to apply the Scientific Outlook on Development and transform the pattern of economic development by enacting the Law to Promote a Circular Economy, revising the Patent Law, hearing and deliberating the State Council\'s report on preventing and controlling water pollution, and investigating compliance with the Environmental Impact Assessment Law.

三是推动农村改革发展。做好农业、农村、农民工作，事关党和国家事业发展全局。上一届常委会连续5年对“三农”问题进行跟踪监督，取得明显成效。去年，常委会在听取审议国务院关于促进农民稳定增收情况报告和相关报告中，都对做好“三农”工作提出重要建议。常委会在开展农民专业合作社法执法检查中，深入了解各类农民专业合作社的发展及存在的主要问题，要求全面落实法律规定的各项扶持政策，使农民专业合作社在提高农民的组织化程度、引领农民参与国内外市场竞争等方面发挥更大作用。通过人大的监督工作，有力地促进了社会主义新农村建设，经过国务院、地方各级政府和广大农民群众共同努力，农村居民人均纯收入在连续4年增量超过300元、增幅超过6%的基础上，2008年增幅达到8%，粮食总产和单产再创历史新高。截至2008年底，全国农民专业合作社超过11万个，登记成员140多万户，加入合作社的农户成员年收入比非成员农户高出20%以上。在充分肯定成绩的同时，常委会组成人员指出，要高度重视农民收入总体水平仍然不高、城乡居民收入差距继续拉大、农业比较效益还在下降、农业基础设施落后、农民务工面临新困难等问题，扎实推进农村改革，大幅增加“三农”投入，严格保护耕地，逐步理顺粮食等农产品价格，不断改善强农惠农的金融和科技服务，支持和引导民营经济发展和农民多渠道转移就业，保持农业稳定发展、促进农民持续增收。
Third, we promoted reform and development in rural areas. Doing the work related to agriculture, rural areas and farmers well has an overall bearing on the progress of the cause of the Party and the state. The last Standing Committee made significant achievements in tracking and overseeing these problems over the course of five consecutive years. Last year the Standing Committee heard and deliberated the State Council\'s report on spurring steady increase in rural incomes and related reports and made important suggestions on how to do a good job in work related to agriculture, rural areas and farmers. It investigated compliance with the Law on Specialized Farmer Cooperatives and acquired an in-depth understanding of the development of all types of specialized farmer cooperatives and the major problems facing them. We called for the implementation of all the policy support stipulated by the law to enable them to play a bigger role in strengthening the organization of farmers and guiding them in competing in domestic and international markets. The oversight by the NPC effectively promoted the building of a new socialist countryside. Thanks to the concerted efforts of the State Council, local governments at all levels and farmers, the growth rate of rural per capita net income reached 8% in 2008 following an annual increase of over 300 yuan or more than 6% over the previous four years running. Both total output and the yield per unit area reached an all-time high in the same year. By the end of 2008, the number of specialized farmer cooperatives nationwide exceeded 110,000, covering over 1.4 million households. The average annual income of rural households that have joined the cooperatives was more than 20% higher than that of those that have not. While fully confirming these achievements, members of the Standing Committee also pointed out that we needed to attach great importance to problems such as the still low overall income level of farmers, the widening income gap between urban and rural residents, the declining comparative returns from agriculture, backward agricultural infrastructure, and new difficulties facing rural workers looking for nonagricultural employment. They also pointed out the need to effectively promote rural reform, significantly increase our funding for agriculture, rural areas and farmers, strictly protect arable land, gradually make the prices of grain and other agricultural products more reasonable, constantly improve financial and technical services to aid agriculture and benefit farmers, support and guide the development of the non-public sector of the economy and rural workers seeking employment in a variety of nonagricultural sectors, maintain steady agricultural development and sustain increase in rural incomes.

三、着力促进解决民生问题
3. Focusing on solving the problems affecting people\'s well-being

坚持以人为本，促进解决民生问题，是常委会工作的又一重点。工作中，我们注意把立法和监督结合起来，在推动改进工作的同时注重制定和完善法律，在加强立法的同时注重强化执法检查和工作监督，使人大工作更贴近民生、更具实效。
Putting people first and promoting the resolution of problems affecting people\'s well-being are another focus of the work of the Standing Committee. We combined legislation with oversight in our work. While improving our work, we also strived to enact and improve laws and while working on legislation, we also strived to more effectively investigate compliance with laws and carry out work oversight, thus strengthening the connection between the work of the NPC and people\'s well-being and making the NPC\'s work even more practical.

食品安全事关人民群众身体健康和生命安全，人大代表和社会各界高度关注。针对“三鹿问题奶粉”等重大食品安全事件暴露出的突出问题，常委会在深入调查研究、广泛征求意见的基础上，对食品安全法草案作了进一步修改。一是，为切实加强食品安全监管工作，在确立各有关主管部门按照各自职责分段监管的基础上，国务院设立食品安全委员会，协调、指导食品安全工作；同时规定，县级以上地方人民政府统一负责、领导、组织、协调本行政区域食品安全监督管理工作。二是，为解决食品生产滥用添加剂等问题，本着不用、慎用、少用原则，明确规定只有在技术上确有必要、经过风险评估证明安全可靠的食品添加剂，才能允许使用；确需使用食品添加剂的，必须严格执行食品安全标准规定的品种、范围和用量；不得使用食品添加剂以外的化学物质或其他可能危害人体健康的物质。三是，目前社会上名目繁多的保健品年销售额超过1000亿元，而监管不到位，产品真假难辨，老百姓无所适从。为解决这一问题，明确要求国务院抓紧研究制定相关规定，规范生产活动，整顿销售市场，加强监督管理，让消费者放心。
Because food safety affects the people\'s health and safety, deputies to the NPC and all sectors of society attach great importance to this issue. In response to the serious problems revealed by the defective Sanlu milk powder and other major food safety scandals, the Standing Committee revised the draft Law on Food Safety based on in-depth investigations and studies and a wide range of opinions. First, to effectively strengthen oversight and management of food safety, in addition to prescribing that all relevant competent authorities shall exercise oversight within the scope of their duties and responsibilities, the revised draft law stipulates that the State Council shall set up a food safety commission to coordinate and guide food safety work. It also stipulates that local people\'s governments at and above the county level shall have overall responsibility for and lead, organize, and coordinate oversight and management of food safety within their administrative areas. Second, to address the misuse of food additives, the revised draft law follows a principle of prescribing non-use, use of appropriate amounts or use of lower amounts and clearly stipulates that food additives shall be used only if they are technically necessary and have been proved safe through risk assessment. When the use of a food addictive is necessary, food safety standards shall be strictly followed in deciding the category, scope and concentration of the additive. No chemicals other than food additives and no materials that might be harmful to people\'s health shall be used in food production.Third, annual sales of health food of every conceivable description have exceeded 100 billion yuan. Without proper oversight in place, people cannot tell what is genuine from what is fake, making it difficult to decide which products to purchase. To address this problem, the revised draft law stipulates that the State Council shall quickly work out regulations to standardize production, restore order in the distribution market and strengthen oversight and management in order to boost the confidence of consumers.

在上一届工作的基础上，去年常委会又对修改后的义务教育法、未成年人保护法开展新一轮执法检查，并对新颁布实施的劳动合同法进行执法检查。这三项执法检查，直接关系1．7亿中小学生、3．6亿未成年人的健康成长和亿万劳动者的切身利益，涉及的问题都是人大代表和人民群众普遍关注的。我们深入实际、深入基层，弄清法律实施中的突出问题，提出落实义务教育经费保障机制、增加义务教育投入，净化未成年人网络文化环境，重视解决拖欠职工工资尤其是农民工工资等重要建议。国务院及有关部门认真研究我们提出的意见和建议，使法律得到更好实施、工作得到进一步改进。一是，义务教育经费保障机制依法得到落实，义务教育经费大幅增加，全国小学生、初中生的生均预算内公用经费支出同比明显增长，中央财政还提高了中西部地区校舍维修改造资金标准。二是，国务院有关部门联合开展了整治互联网低俗之风专项行动，加强互联网管理，严厉打击毒害青少年的违法犯罪行为，网络文化环境有所改善，得到社会各界好评。三是，劳动合同法颁布实施以来，全社会劳动合同意识普遍提高，劳动合同签订率明显上升，全国规模以上企业劳动合同签订率达93%，新签劳动合同的平均期限有所延长，就业再就业工作力度进一步加大，企业职工尤其是农民工权益保障工作得到加强。针对劳动就业面临的新情况新问题，审议中，常委会组成人员指出，要大力支持中小企业发展和转型升级，千方百计稳定和扩大就业，防止拖欠职工工资和大规模裁员，着力解决服务业和建筑业以及中小企业和私营企业劳动合同签订率低等问题，切实维护劳动者合法权益，努力构建和谐劳动关系。
Building on the work of the last Standing Committee, this Standing Committee carried out another investigation of compliance with the revised versions of the Law on Compulsory Education and the Law on the Protection of Minors. We also investigated compliance with the recently promulgated Law on Labor Contracts. These investigations have a direct bearing on the well-being of 170 million primary and junior secondary school students and over 360 million minors and the immediate interests of hundreds of millions of workers. The issues involved in these laws are all concerns of deputies to people\'s congresses and the general public. We looked closely at actual conditions in society and uncovered significant problems in the enforcement of laws and then submitted important suggestions on implementing a funding mechanism for compulsory education, increasing funding for compulsory education, cleaning up the cultural environment of the Internet to which minors are exposed and doing more to solve the problem of wages in arrears, especially those of rural migrant workers. Our suggestions, which were carefully studied by the State Council and relevant departments, helped to more effectively enforce the law and improve work. First, the funding mechanism for compulsory education was implemented in accordance with the law, and funding for compulsory education throughout the country increased by a large margin. Per capita budgetary expenditures for primary and junior secondary school students increased significantly over the previous year. The central government also increased funding for the renovation of school buildings in the central and western regions of the country. Second, relevant departments of the State Council jointly carried out a special campaign to clean up objectionable and unhealthy online material, strengthen management of Internet content and severely crack down on illegal and criminal behavior dangerous to the young, thereby improving the online cultural environment and winning acclaim from the general public. Third, promulgation of the Law on Labor Contracts has brought about greater awareness of the importance of labor contracts, and significantly increased the number of labor contracts concluded. Some 93% of employees working for large enterprises signed their labor contracts across the country. The average term of newly concluded contracts was also longer. Employment and reemployment efforts were intensified and protection of the rights and interests of workers of enterprises, especially rural migrant workers, was strengthened. In light of the latest developments and problems facing employment efforts, Standing Committee members pointed out at their meeting that we must strongly support the development, transformation and upgrading of small and medium-sized enterprises, adopt whatever means necessary to stabilize and expand employment, prevent accumulation of wages in arrears and huge layoffs and work hard to solve the problem of too few workers concluding labor contracts in the service and construction industries and in small and medium-sized enterprises and private companies in order to safeguard the legitimate rights and interests of all workers and ensure harmonious labor relations.

为健全社会保险制度，解除职工群众后顾之忧，常委会在上一届初审的基础上，对社会保险法草案进行了较大修改，将养老、医疗、工伤、失业、生育等五个险种分章作出具体规定，对职工群众最关心的转移接续基本养老保险关系、提高基本养老保险基金统筹层次、加强社会保险基金监管等问题作出明确规定，引起社会广泛反响，目前正根据各方面意见修改完善。常委会还修改了残疾人保障法，充实了禁止歧视残疾人的规定，并从康复、教育、劳动就业、社会保障和无障碍环境建设等方面强化残疾人权利保障。
In order to improve the social security system and help dispel the worries of workers, the Standing Committee made big changes to the draft Social Security Law on the basis of initial deliberation by the last Standing Committee. Specific rules were formulated in the five chapters concerning old-age insurance, medical insurance, workers\' compensation, unemployment insurance and maternity insurance. Clear provisions were set out to address issues of greatest concern to workers, such as transfer of basic old-age insurance accounts between regions, and the need to improve overall planning for basic old-age insurance funds and tighten regulation of social security funds. These changes have been widely applauded by the general public, and we are improving the draft law in light of the suggestions received. The Standing Committee also revised the Law on the Protection of Disabled Persons, adding more provisions prohibiting discrimination against people with disabilities and strengthened protection of their rights and interests in matters such as rehabilitation, education, employment, social security and handicap-accessible facilities.

四、努力做好经常性工作
4. Striving to successfully carry out our routine work

过去的一年，我们紧紧围绕党和国家工作重点，依照人大工作特点做好以上工作的同时，努力做好人大经常性工作，在立法、监督、发挥代表和专门委员会作用、开展对外交往等方面取得新成效，提高了常委会工作的整体质量和水平。
During the past year we strove to successfully carry out our routine work while concentrating on the main tasks of the Party and the government and doing the above-mentioned work well in accordance with the features of the NPC\'s work. We made further progress in legislation, oversight, and our efforts to give full play to the role of the deputies and special committees and carry out foreign relations work, and raised the overall quality and level of the Standing Committee\'s work.

在立法工作方面，一是编制五年立法规划，召开立法工作会议，统筹部署立法工作。二是制定了企业国有资产法、食品安全法、刑法修正案（七）、循环经济促进法，修改了防震减灾法、残疾人保障法、消防法、保险法、专利法。针对企业国有资产管理和监督中的突出问题，企业国有资产法确立了国有资产出资人制度的基本原则，对关系出资人权益的重大事项，包括企业改制、关联交易、资产评估转让等容易造成国有资产流失的环节，规定了必须遵循的基本规则和严格的监管程序。三是为确保法律的有效实施，督促有关方面加强法律配套法规的制定工作，制定有关工作程序，要求在确定立法项目、起草法律草案的同时，统筹安排制定配套法规，力争与法律同步实施。四是积极推进科学立法、民主立法，扩大公民对立法的有序参与。委员长会议决定，凡是常委会审议的法律草案，原则上都在中国人大网上公布，重要法律草案还要在全国主要新闻媒体上公布，广泛征求意见，使法律草案公布工作常态化。我们还就法律草案中涉及的重大问题，深入调查研究，并通过座谈会、论证会等形式与有关方面充分沟通协商，共同研究解决办法，完善法律草案。
In our legislative work of the past year, we first of all formulated the five-year program for legislation and held a legislative work meeting to map out the work plan for the coming period. Second, we enacted the Law on State-Owned Assets in Enterprises, the Law on Food Safety, the seventh amendment to the Criminal Law, and the Law to Promote a Circular Economy and revised the Law on Protecting Against and Mitigating Earthquake Disasters, the Law on Security for Disabled Persons, the Fire Protection Law, the Insurance Law and the Patent Law. To address the major problems in the administration and supervision of state-owned assets in enterprises, we defined the basic principles governing the system of investors of state-owned assets as part of the Law on State-Owned Assets in Enterprises. Provisions were set out in this law concerning the basic rules that must be followed and strict oversight procedures for major actions related to investor rights and interests. Provisions covered actions that could easily lead to loss of state-owned assets, such as conversion of enterprises into joint stock companies, related party transactions and evaluation and transfer of assets. Third, we called on the concerned departments to formulate supporting regulations and relevant work procedures to ensure full compliance with laws, requiring that arrangements be made to formulate supporting regulations during the process of deciding on legislative items and drafting laws in an effort to implement laws and corresponding regulations at the same time. Fourth, we worked to make legislation more scientific and democratic and expand the orderly participation of the general public in the legislative process. It was decided by the Chairperson\'s Council that in principle, all draft laws under deliberation by the Standing Committee should be released to the public on www.npc.gov.cn, that major bills should also be published by major national media organizations to solicit opinions from the general public, and that this should become common practice. We also carried out thorough investigations and studies concerning issues of vital importance involved in draft laws and gave relevant parties the opportunity to stay fully informed and express their ideas through workshops and debates so they could participate in efforts to find solutions and improve draft laws.

在监督工作方面，4月份的常委会会议，根据代表们的意见，增加安排听取审议国务院关于抗击南方部分地区严重低温雨雪冰冻灾害及灾后恢复重建工作情况的报告，要求有关方面认真总结经验，完善应急机制，切实提高防灾减灾能力。8月份的会议，集中听取审议中央决算、审计工作和计划执行情况的报告，审查批准了2007年中央决算，提出建立县级基本财力保障机制、2009年全面实施增值税转型改革、规范财政转移支付等重要建议。10月份的会议，听取审议最高人民法院关于加强刑事审判工作情况的报告、最高人民检察院关于加强刑事审判法律监督工作情况的报告，要求法院和检察院正确执行法律和宽严相济的刑事政策，保证刑事审判和法律监督的公正高效，不断提高司法工作水平。一年来，行政法规、地方性法规、司法解释等规范性文件备案审查工作进一步加强，共接收报送备案规范性文件475件，受理公民、组织提出审查建议86件。
In oversight work, we followed the suggestion of deputies to incorporate deliberation of the State Council\'s report on counteracting the severe snow and ice storms in part of the south and carrying out post-earthquake recovery and reconstruction into the agenda of the Standing Committee\'s April meeting. We called on relevant departments to learn from their experience, improve the mechanisms for coping with emergencies and truly enhance disaster preparedness and mitigation capability. At our August meeting we heard and deliberated the reports on the final central government budget for 2007, on auditing work and on plan implementation, deliberated and approved the report on the final central government budget and submitted important proposals on establishing a mechanism for ensuring adequate basic financial resources at the county level, carrying out VAT reform throughout the country in 2009 and standardizing transfer payments. At our October meeting we heard and deliberated the report of the Supreme People’s Court on improving criminal trial work and the report of the Supreme People\'s Procuratorate on strengthening oversight for criminal trials. We called on the courts and procuratorates to correctly enforce the law, follow a policy of severity tempered with mercy in criminal trials, ensure justice and efficiency in trial and oversight work and constantly work to improve judicial work. We improved filing and examination for normative documents last year, including administrative laws and regulations, local ordinances and legal interpretations. We received a total of 475 normative documents to be filed and handled 86 suggestions from ordinary individuals and organizations concerning examination work.

在发挥代表作用方面，一是认真办理代表议案，上次大会主席团交付有关专门委员会审议的462件代表议案，已经全部办理完毕，其中，26件议案涉及的8件法律已经常委会审议通过，50件议案涉及的4件法律草案正在审议，126件议案涉及的38个立法项目已经列入立法规划。二是扩大代表知情知政渠道，组织代表开展集中视察和专题调研，通过多种形式及时向代表通报情况，继续邀请代表列席常委会会议和参加执法检查等活动。列席会议和参加活动的代表事先认真准备，会上积极发言，充分反映人民群众呼声，为提高常委会工作质量发挥了重要作用。三是认真处理代表建议，上次大会期间代表提出的6279件建议，所提问题已解决或计划解决的有4489件，占代表建议总数的71．5%。
In enabling deputies to play their proper role, we first of all diligently processed their proposals. The special committees have handled all the 462 proposals that the Presidium of the last NPC session assigned to them. Eight laws that came up in 26 proposals have been adopted by the Standing Committee. Deliberations are being conducted on four draft laws that were brought up in 50 proposals, and 38 legislative items listed in 126proposals have been included in the legislative plan. Second, we expanded channels through which deputies can stay informed and learn about political affairs. We organized inspection tours and studies for deputies on special topics, informed them of the latest developments through various means, and continued to invite deputies to attend meetings of the Standing Committee as observers and participate in investigations of compliance with laws. Deputies attending meetings and participating in investigations carefully prepared in advance and actively contributed to the discussions. This gave the people a voice and played an important role in improving the quality of the work of the Standing Committee. Third, we took the suggestions submitted by deputies very seriously. A total of 6,279 suggestions were made by the deputies during the last NPC session, and the problems mentioned in 4,489, or 71.5%, of them have been resolved or will be resolved according to plan.

在开展对外交往方面，继续巩固全国人大与外国议会定期交流机制，分别与英国、法国、日本、韩国、埃及等国议会以及欧洲议会开展多种形式的对话。针对国外有的议会在台湾、涉藏等问题上挑起的事端，我们通过外事委员会负责人发表谈话等形式进行针锋相对的斗争，捍卫国家核心利益。委员长会议组成人员、专门委员会和友好小组通过请进来、走出去等形式，与有关国家议会领导人、议员和议员助手加强交流，增信释疑，推动互利合作，促进国家关系全面发展。积极参与国际和地区议会组织的活动，成功举办第五届亚欧议会伙伴会议。
In the area of foreign relations, we continued to consolidate the mechanisms for regular exchanges between the NPC and the congresses or parliaments of other countries. We carried out various forms of dialogue with the parliaments of the United Kingdom, France, Japan, the Republic of Korea and Egypt, as well as with the European Parliament. In response to provocations from the congresses of some countries concerning the Taiwan and Tibet questions, we engaged in fierce struggle and defended China\'s core interests through declarations from the chairperson of the Foreign Affairs Committee. Members of the Chairperson\'s Council, special committees and friendship groups worked to improve interaction with foreign congressional leaders, representatives and aides, increase mutual trust, remove misunderstandings, boost mutually beneficial cooperation and promote improvement in all aspects of foreign relations through exchange visits. We actively took part in the activities organized by international and regional parliamentary organizations and successfully hosted the fifth Asia-Europe Parliamentary Partnership Meeting.

全国人大各专门委员会人才荟萃、知识密集，具有经常性开展工作的特点。常委会注重发挥专门委员会作用，换届后及时与各专门委员会负责同志进行座谈，就加强和改进人大工作特别是专门委员会工作深入交换意见，统一思想认识。各专门委员会围绕全国人大及其常委会的中心任务，在提高立法质量、增强监督实效、发挥代表作用、开展对外交往等方面做了大量卓有成效的工作，有力地促进了常委会工作整体水平的提高。
The special committees of the NPC represent rich funds of knowledge and capable personnel and carry out their work on a regular basis. The Standing Committee makes good use of the role of the special committees. Shortly after it was formed, the new Standing Committee promptly held discussions with leading members of the special committees to exchange views and reach a common understanding on how to strengthen and improve the work of the NPC, especially the work of the special committees. Focusing on the central tasks of the NPC and its standing committee, the special committees did a great amount of effective work in improving the quality of legislation, making oversight more effective, making good use of the role of deputies and carrying out foreign relations work, and effectively promoted overall improvement in the work of the Standing Committee.

五、切实加强自身建设
5. Effectively promoting self-improvement

自身建设，事关人大及其常委会职权的正确行使和作用的充分发挥。本届全国人大常委会高度重视自身建设，把思想政治建设摆在首位，坚持正确政治方向，并以此引领人大各项工作。
Working on self-improvement helps to ensure that the NPC and its standing committee are able to properly exercise their functions and powers and give full play to their role. This Standing Committee attaches great importance to self-improvement and keeps ideological and political development high on its agenda. It maintains the correct political orientation and uses it to guide all the work of the NPC.

去年3月19日，十一届全国人大一次会议胜利闭幕的第二天，常委会即召开第一次会议，着重就把握人大工作正确政治方向等问题提出明确要求。之后，又专门安排时间，认真学习党的十七大精神和胡锦涛总书记有关重要讲话，进一步统一思想，提高认识。常委会组成人员、专门委员会组成人员一致认为，人大及其常委会是国家权力机关，是十分重要的政治机关。坚持正确政治方向是做好人大工作的根本。人大工作坚持正确政治方向，最根本的是坚持党的领导、人民当家作主、依法治国有机统一，核心是坚持党的领导。人大及其常委会依法集体行使职权、集体决定问题，坚持正确政治方向要靠大家共同来把握。在人大工作，坚持中国特色社会主义道路，坚持和完善人民代表大会制度，必须进一步认识我国人民代表大会制度与西方资本主义国家政体的本质区别。
This Standing Committee held its first meeting on March 19 last year, the day after the First Session of the Eleventh NPC was successfully concluded. The requirement to maintain the correct political orientation in the work of the NPC was firmly established as the first order of business at that meeting. Time was then set aside for careful study of the guiding principles of the Seventeenth Congress and General Secretary Hu Jintao\'s important speeches to strengthen ideological consensus and improve understanding. Members of the Standing Committee and the special committees all agree that the people\'s congresses and their standing committees are organs of state power and extremely vital political institutions. Maintaining the correct political orientation is essential to the success of the work of the people\'s congresses. The most fundamental aspect of this effort is to organically integrate the leadership of the Party, the position of the people as the masters of the country and the rule of law, and the core of this effort is to uphold the leadership of the Party. The people\'s congresses and their standing committees exercise their functions and powers and decide on issues collectively in accordance with the law, so maintaining the correct political orientation depends on each and every person involved. To keep to the path of socialism with Chinese characteristics and uphold and improve the system of people\'s congresses in their work, we must more fully recognize the essential differences between the system of people\'s congresses and Western capitalist countries\' system of political power.

一要充分认识人民代表大会与西方议会的本质区别。我国的政党制度，是中国共产党领导的多党合作和政治协商制度，不是西方的多党制。中国共产党是领导核心，是执政党，各民主党派是参政党。县乡人大代表是按选区直接选举产生的。县级以上人大的代表由下一级人民代表大会选举产生，并按照选举单位组成代表团参加代表大会。我们的人民代表大会中没有议会党团，也不以界别开展活动。无论是代表大会，还是常委会或专门委员会，都不按党派分配席位。我们的人大代表、常委会组成人员、专门委员会组成人员，无论是共产党员，还是民主党派成员或者无党派人士，肩负的都是人民的重托，都在中国共产党领导下依法履行职责，为人民服务，根本利益是一致的。
First, we must fully understand the essential differences between China\'s people\'s congresses and Western congresses and parliaments. China\'s system of political parties is a system of multiparty cooperation and political consultation under the leadership of the CPC, not a Western-style multiparty system. The CPC is at the core of the country\'s leadership and the ruling party, while the democratic parties are participating parties. Deputies to the people\'s congresses representing counties and townships are elected directly by their constituencies. Deputies to the congresses above the county level are elected indirectly by the people\'s congress at the next lower level, who then form delegations on the basis of their constituencies to attend sessions of their people\'s congresses. The people\'s congresses have no congressional party groups, and they do not carry out activities on the basis of sectors of society. No seats are assigned on the basis of parties in either the people\'s congresses, their standing committees or their special committees. All deputies to the people\'s congresses, members of their standing committees and members of their special committees shoulder the great trust of the people and fulfill their responsibilities to serve the people under the leadership of the CPC in accordance with the law, no matter whether they are Communists, members of the democratic parties or persons without party affiliation, and they all share the same fundamental interests.

二要充分认识人大和“一府两院”的关系与西方国家国家机关间关系的本质区别。我国是由人民代表大会统一行使国家权力，“一府两院”由人大产生，对人大负责，受人大监督。各国家机关分工不同、职责不同，都在中国共产党领导下、在各自职权范围内贯彻落实党的路线方针政策和宪法法律，为建设和发展中国特色社会主义服务，不是西方的“三权分立”。人大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，并监督和支持“一府两院”依法行政、公正司法，保障各国家机关协调有效地开展工作，把人民赋予的权力真正用来为人民谋利益。
Second, we must be fully aware of the essential differences between the people\'s congresses\' relationship to the governments, the people\'s courts and the people\'s procuratorates and the relationships between state organs of Western countries. The people\'s congresses exercise state power in a unified way, and the governments, the people\'s courts and the people\'s procuratorates are all created by them and are responsible to them and subject to their oversight. Although China\'s state organs have different responsibilities, they all adhere to the line, principles and policies of the Party, enforce the Constitution and laws within their respective jurisdictions under the leadership of the CPC and work to build and develop socialism with Chinese characteristics. The system of people\'s congresses is not a Western system with the separation of the three powers. The people\'s congresses decide on the major principles and policies of the state by formulating laws and passing resolutions in accordance with the stands of the Party and the will of the people. They oversee and support the governments in carrying out their administrative functions in accordance with the law. They also oversee and support the people\'s courts and the people\'s procuratorates in exercising their judicial functions fairly. They ensure that state organs carry out their work in a coordinated and effective manner. In addition, they use the power granted to them by the people to truly further their interests.

三要充分认识人大代表与西方议员的本质区别。我们的全国人大代表，来自各地区、各民族、各方面，人口再少的民族也至少有一名代表，具有广泛的代表性，不像西方议员是某党某派的代表。我们的人大代表，生活在人民中间，同人民群众保持密切联系。我们的人大代表，有各自的工作岗位，对党和国家的方针政策、宪法法律的贯彻实施情况体会最深刻， 全国人民代表大会常务委员会 全国人民代表大会常务委员会职权 人大常务委员会 全国人大常务委员会 全国人大常务委员会的职权 全国人大常务委员名单 常务委员会 常务