The 2024 Filing Review Report was submitted for deliberation at the meeting of the Standing Committee of the National People's Congress (NPC), releasing multiple case examples in response to societal concerns.
Urging the correction of issues within regulations affecting enterprises to promote the optimization of the business environment; pressing for the rectification of problems related to the setting of administrative penalties to enhance social governance; supervising the correction of issues in local livelihood laws and normative documents to protect the legitimate rights and interests of citizens and legal entities; strengthening the review and research on issues concerning individuals involved in criminal activities, ensuring proper handling in accordance with constitutional and legal principles.
On December 22, the Legislative Affairs Commission of the NPC Standing Committee submitted its report on the filing review work situation for 2024 to the thirteenth session of the fourteenth NPC Standing Committee. The report presented several typical cases, actively responding to public concerns.
According to the report, in 2024, a total of 1,999 normative documents such as regulations and judicial interpretations were received for filing review. Formal reviews were conducted on these documents, identifying 15 instances of non-compliance that required prompt correction by the filing authorities. Additionally, 5,682 review suggestions from citizens and organizations were received. After examination, where issues concerning constitutionality, legality, and appropriateness were found, relevant drafting agencies were urged to timely amend, repeal, or address the issues.
**Promoting Business Environment Optimization**
*Case 1:*
Some local regulations stipulate that construction entities must deposit a property warranty fund according to a certain percentage of the total cost of property building installation before the completion acceptance of the property or the initial registration of house ownership rights.
The Legislative Affairs Commission, after review, believes that the provisions in local regulations requiring construction entities to deposit a property warranty fund do not align with the requirements and spirit of the CPC Central Committee regarding optimizing the business environment and clearing up regulations and policies involving enterprises. Such provisions also conflict with higher-level laws such as the State Council's Regulation on Optimizing the Business Environment, lack basis in laws and administrative regulations, and constitute imposing unreasonable burdens on enterprises; therefore, they should be corrected. After communication, the relevant legislative bodies all agreed to promptly amend the relevant provisions.
*Case 2:*
Some local regulations and municipal government rules stipulate that applicants wishing to operate ride-hailing services must establish a branch office within the city.
The Legislative Affairs Commission, after review, believes that the provisions in local regulations and municipal government rules requiring out-of-town ride-hailing platform companies to set up branches locally do not align with the requirements and spirit of the CPC Central Committee regarding building a unified national market and clearing up regulations and policies involving enterprises. Such provisions also conflict with higher-level laws such as the State Council's Fair Competition Review Regulation, constituting unreasonable and unnecessary measures; therefore, they should be corrected. The Legislative Affairs Commission has put forward review opinions to the legislative bodies responsible for the relevant local regulations, requesting early amendments, while also referring the relevant government rules to departments bearing supervisory responsibilities to urge corrections. All relevant legislative bodies have agreed to promptly amend the relevant provisions.
*Case 3:*
Some judicial interpretations stipulate that for share transfers occurring before the implementation of the Company Law, where shareholders transfer equity that has not reached its capital contribution deadline and the transferee fails to pay up the capital on time and in full, the determination of the capital contribution responsibilities of the transferor and transferee shall apply the provisions of Article 88, Paragraph 1 of the Company Law. Some citizens and organizations have proposed a review suggestion regarding this regulation, arguing that Article 88 of the Company Law should not be applied to actions that occurred before the law came into effect.
The Legislative Affairs Commission, after review, believes that Article 104 of the Legislation Law stipulates: "Laws, administrative regulations, local regulations, autonomous regulations, special regulations, and rules do not have retroactive effect, except for special provisions made to better protect the rights and interests of citizens, legal persons, and other organizations." This is an important principle of rule of law; Article 88 of the Company Law was added during its revision in 2023, with the newly revised Company Law coming into effect on July 1, 2024; Article 88 of the Company Law does not have retroactive effect, meaning it has legal force only for relevant actions or legal facts occurring after the new revision comes into effect, not before; the matters specified in Article 88 of the Company Law do not fall under the exception stated in Article 104 of the Legislation Law. The Legislative Affairs Commission will urge the relevant authorities responsible for formulating the judicial interpretation to take appropriate measures for proper handling.In summary, the interpretation applying Article 88 of the Company Law to pre-enactment events is inconsistent with the principle against retroactivity as outlined in the Legislation Law, and thus the relevant judicial interpretation should be addressed to ensure compliance with legislative intent and legal principles.
**Enhancing Social Governance**
*Case 4:*
Some special economic zone regulations stipulate that a fine of 200 yuan shall be imposed for failing to pay the prescribed parking fee when parking a vehicle in designated road parking spaces. A citizen has proposed a review suggestion regarding this regulation.
The Legislative Affairs Commission, after review, believes that the Road Traffic Safety Law does not address road parking fees nor does it provide for penalties for failure to pay such fees as prescribed. Whether non-payment of road parking fees should result in fines should follow the principles and provisions set out in the Administrative Punishment Law concerning the establishment and implementation of administrative punishments, and it would be fitting for laws or administrative regulations to make such provisions. After communication, the legislative body has agreed to promptly amend the relevant provisions.
*Case 5:*
Some local regulations list several specific scenarios that interfere with, obstruct, or disrupt flood prevention and evacuation efforts, and stipulate that if any of these scenarios constitute violations of public security management, they shall be punished according to the Public Security Administration Punishments Law. Relevant parties have raised objections, arguing that the content of the regulations adds categories of behaviors subject to public security administration punishment beyond what is specified in the Public Security Administration Punishments Law.
The Legislative Affairs Commission, after review, believes that the specific scenarios listed in the regulation do not fully correspond to the punishable behaviors prescribed by the Public Security Administration Punishments Law. In practice, this could lead to an understanding that "any scenario listed in the regulation should be subject to public security administration punishment," resulting in direct reliance on local regulations to impose public security administration punishments on certain behaviors. The Legislative Affairs Commission sent a letter to the legislative body, reminding relevant parties to properly conduct promotional interpretation work for the regulation, strictly adhere to relevant laws when making public security administration punishments, and avoid misunderstandings or improper enforcement. The relevant legislative body immediately took related measures.In summary, both cases highlight the importance of ensuring that local regulations are consistent with higher-level laws and do not overextend the scope of administrative punishments without proper legal basis, thus maintaining the integrity and uniformity of the national legal system.
**Protecting Citizens' and Entities' Legal Rights**
*Case 6:*
Some local regulations stipulate that, before the establishment of an owners' assembly, seventy percent of the income generated from commercial activities using common areas and facilities shall be incorporated into the special maintenance fund for residential properties, with the remainder used to subsidize property service fees. Relevant departments have proposed a joint review of this regulation.
The Legislative Affairs Commission, after review, believes that according to relevant provisions of the Civil Code, income derived from the use of owners' common parts by construction entities, property service enterprises, etc., after deducting reasonable costs, belongs to all owners and should be decided upon collectively by the owners; directly specifying its use to subsidize property service fees is inconsistent with the spirit of the relevant provisions of the Civil Code. After communication, the legislative body has agreed to promptly amend the relevant provisions.
*Case 7:*
Some local regulations stipulate that within property management areas, if there are surplus owner-common parking spaces after meeting the needs of the owners, these spaces can be rented out to people outside the property management area with the consent of the owners' committee. Relevant departments have proposed a joint review of this regulation.
The Legislative Affairs Commission, after review, believes that renting out owner-common parking spaces to outsiders falls under the category of business activities using common parts of the community, involving the common property rights of the owners and their direct interests related to safety, environment, order, etc., within the property area, which should be decided collectively by the owners. This regulation's substitution of collective owner decision-making with the agreement of the owners' committee is inconsistent with the spirit of the relevant provisions of the Civil Code. After communication, the legislative body has agreed to promptly amend the relevant provisions.
*Case 8:*
Some normative documents formulated by relevant departments of the State Council limit the assistance targets for families with disabled or deceased only children to couples who have not had or adopted another child after the death or disability of their only child. A citizen has proposed a review suggestion regarding this.
The Legislative Affairs Commission, after review, believes that the current assistance system for families with disabled or deceased only children has played a positive role in alleviating the actual difficulties faced by such families; as national population policies adjust and relevant laws are improved, it can be considered to further refine the assistance system for families with disabled or deceased only children, providing more support and protection to relevant individuals, and enhancing the sense of gain for families who have lost their only child. After communication, the legislative body has begun researching and improving relevant policy provisions.
**Strengthening Review of Issues Related to Individuals Involved in Criminal Activities**
*Case 9:*
Some local government normative documents stipulate that individuals who have been criminally punished for committing crimes are not eligible to receive minimum living standard security benefits. A citizen has proposed a review suggestion regarding this regulation, arguing that it raises constitutional and legal issues and should be corrected.
The Legislative Affairs Commission, after review and study, believes that Article 45, Paragraph 1 of the Constitution of the People's Republic of China clearly states that "citizens of the People's Republic of China have the right to material assistance from the state and society when they are old, sick, or have lost their capacity for work." The minimum living standard security system is a concrete manifestation of implementing relevant provisions of the Constitution and is part of the bottom-line institutional arrangements for ensuring people's livelihoods. For individuals without the ability to work or sources of income, including those who have previously been subject to criminal punishment but fall into such circumstances, they should be covered by urban and rural minimum living standard security systems. Excluding individuals with a criminal history from these systems would conflict with the principles and spirit of relevant constitutional provisions and also contradict the principles and spirit of relevant administrative regulations set by the State Council. After communication, the legislative body stated that although the document was posted on the official government website, it had actually been abolished. The Legislative Affairs Commission worked with relevant parties to urge the legislative body to appropriately handle the document.
*Case 10:*
Some regulations stipulate that individuals who have been criminally punished for committing crimes are prohibited from engaging in certain professions. A citizen has proposed a review suggestion regarding this regulation, arguing that it presents constitutional and legal issues.
The Legislative Affairs Commission, after review and study, believes that making restrictive or prohibitive provisions for specific individuals to engage in certain professions should only occur when necessary and within a limited scope; overly broad or arbitrary restrictions or bans on employment exceed what is necessary and reasonable, which does not conform to the principles and spirit of the constitutional provision that “citizens have the right and duty to work.” Restrictions or bans on employment for individuals who have previously been subject to criminal punishment should strictly follow the principles and spirit of the Constitution and relevant laws, taking into account factors such as the severity of the crime, the type of offense, the degree of social harm, and the relevance between the limiting measures and the criminal behavior, to ensure fair and reasonable settings. The Legislative Affairs Commission suggests that the legislative body strengthen research and deliberation on issues related to individuals with a criminal history and carefully consider lifetime bans on employment, revising and improving relevant provisions as appropriate.
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The 2024 Filing Review Report was submitted for deliberation at the meeting of the Standing Committee of the National People's Congress (NPC), releasing multiple case examples in response to societal concerns.
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