I have also crossposted the piece to 𝘕𝘗𝘊 𝘖𝘣𝘴𝘦𝘳𝘷𝘦𝘳, where I included additional information that a readership focused on China (as opposed to constitutional law) might find helpful: npcobserver.com/2024/06/chin... Thanks again to the editors of VB for their careful edits!
How the newly introduced measures to improve the process would work remain to be seen.
The report not only discloses new const’l practice from 2023 that may have escaped most people’s attention, but also catalogs the kinds of activities that officially constitute “constitutional enforcement.” npcobserver.com/2024/03/chin...
Officially, China's Constitution can be enforced through legislation, oversight, constitutional review, as well as propaganda and theoretical research.
And did you know that this is not the 12th amendment to China's Criminal Law, but rather the 14th? Find out why here: newsletter.npcobserver.com/p/npc-observ...
A rare emergency NPCSC session. Draft Criminal Law amendments on bribery and private-sector corruption. NPCSC's new five-year plan for overseeing state-owned assets. Plus: trivia on statutory amendmen...
The LAC report also officially disclosed another case we had already written about, where it ruled that local legislation transferring ownership of public utility infrastructure in residential compounds to utility companies violated homeowner rights. newsletter.npcobserver.com/i/139587938/... 8/8
November 2023: New grassroots legislative outreach office. First-ever responses to delegate suggestions in braille. Plus: belated coverage of first two "recording and review" guiding cases.
In addition, the LAC ruled that those local restrictions were against the relevant national laws and regulations on education, employment, and social insurance, and had reportedly urged local govts to repeal such policies. 7/
Per the LAC, being responsible solely for one's own crimes is "one of the fundamental principles of modern rule of law." The local policies were thus inconsistent with the "principles and spirits" of Chapter II of the Constitution on “citizens’ fundamental rights and duties.” 6/
Such collective punishments included denial of educational opportunities, effective bans on public sector employment (in the military, civil service & public institutions 事业单位), and suspension of social security benefits. 5/
But some local governments went so far as to punishment the *family members* (spouses, children, parents) of those convicted—or even only suspected—of telecom fraud. See, e.g., this notice from a municipal district in Fujian: sohu.com/a/679673671_... 4/
Telecom network fraud is a big problem in China, so much so that the national legislature passed a special law to address it in 2022. 3/ npcobserver.com/2022/09/legi...
A close look at China's new Law Against Telecom and Online Fraud
This case came from the LAC's annual report on recording and review—China's process for reviewing the constitutionality and legality of legislation—which the legislature heard on Tue. The full report will be released later this week. 2/ npcobserver.com/recording-re...
A page collecting NPC Observer's coverage and other relevant resources on the NPC Standing Committee's "recording and review" process.