III. Accelerating the Building of a Law-Based Government

Developing a law-based government constitutes an important component of fully implementing rule of law as a fundamental national strategy and modernizing the nation’s governance system and capacity. It is also a crucial guarantee for better building, developing and managing the megacity of Beijing. We will earnestly implement the Decisions on Several Major Issues in Relation to Comprehensively Promoting Rule of Law in National Governance and the opinions of the CPC Beijing Municipal Committee on its implementation; expedite the establishment of a law-based, authoritative and efficient administrative system that balances powers with responsibilities; develop a law-based and law-abiding government with scientifically-designed functions and legal mandates, a government that enforces law strictly and embraces transparency, fairness, integrity and efficiency, so as to lay a solid foundation for the development of the nation’s capital under the rule of law.

Fulfilling government functions according to law. We will improve the allocation of functions among governments of different levels and different departments; rationalize relationships between functions and responsibilities; standardize the list of government mandates; promote the standardization of governmental duties and responsibilities; promote the legality and transparency of organizational structures, functions, limits of authority, the process of operation, and responsibilities. We will draw the boundary between the government, the market, and the society; implement a government “power list” system; and publicize the list of matters subject to municipal administrative approval, the list of investment projects subject to approval, and the list of administrative sanction powers. We will improve the index and evaluation system for law-based government development; and law-based governance will be one of the criteria for district/county level government performance evaluation. We will introduce innovation in the management of government services; and leverage the market, social players and information technology to provide better services with enhanced efficiency.

Improving the mechanism for administrative decision-making. We will advance local legislation on procedures for major administrative decision-making; clarify the scope, procedures and responsibility of decision-making; and make public participation, expert evaluation, risk assessment, legality review, and collective decision-making through deliberation an obligation under the law. We will standardize the procedures for prior reporting to the Municipal People’s Congress before the introduction of any major administrative policy decisions. We will introduce a system of legal counsel to the government and build a contingent of legal counsels; we will improve records management; and for major decisions, we will introduce performance evaluation. We will better track, collect feedback from, supervise and check on the implementation of major administrative decision-making, and thus strengthening the accountability of decision-makers, with a lifelong accountability system and a mechanism for tracing back responsibilities.

Working on administrative legislation and popularizing the law. We will enhance coordination of administrative legislation, and improve procedures for law drafting and rule making. We will formulate measures for administrative mediation and regulations on coordinating administrative law enforcement and criminal justice; push forward legislation in emergency medical treatment and tourism; and improve the systems for such areas as the betterment of people’s livelihood, safe operation of the city, and ecological protection. We will put in place better post-enactment evaluation; and set up the mechanism for reviewing laws and regulations on a regular basis. We will further offer popular education in legal matters, and implement the law popularization responsibility system. Government staff should take the lead in studying and observing the law, act in accordance with the law, and provide guidance for people in the whole city, so that they will conscientiously abide by the law, adopt legal approaches and seek legal solutions to their problems. We will improve the public legal service mechanism and the legal aid system, so as to ensure the people’s timely and effective access to legal assistance.

Standardizing procedures and ensuring fair and civilized law enforcement. We will deepen the reform of the administrative law enforcement system to set up an orderly, effective administrative law enforcement system that comprises horizontal hierarchy and vertical differentiation, and with clear-cut rights and obligations and well-defined boundaries; we will promote “comprehensive law enforcement”, and rationalize the urban management (chengguan) authority’s law enforcement mechanism; we will enhance the coordination between the comprehensive law enforcement, the administrative, and the judicial authorities and their mutual support in sanctions; we will strengthen the team building of law enforcement, and strictly implement the system under which law enforcement officers must be licensed and subject to qualification management; we will improve the standards of discretion system for administrative law enforcement, and intensify law enforcement in areas concerning people’s immediate interests such as environmental protection, food and drugs, labor security, parking order, and house renting; for salient problems such as inaction, abuse of power and selective law enforcement, we will enhance administrative supervision and accountability; we will strengthen the supervision of law enforcement to create a system to record the entire process of law enforcement and begin to establish a law enforcement information service platform; we will promote the administrative law enforcement public announcement mechanism to enhance the supervision and assessment of investigating and handling of reports and complaints.

Intensifying checks on and oversight of administrative power. We will conscientiously accept the “legal and performance” supervision by the People’s Congress and “democracy supervision” by the CPPCC; we will strengthen the control of intra-governmental procedures, improve the multi-tiered hierarchical work supervision mechanism, advance and standardize the administrative accountability system. We will strengthen administrative reconsideration as a way of supervision and redressing wrongs, and respond to law suits against the government. We will improve auditing; ensure independent auditing according to law; and audit all public funds, state-owned assets, state-owned resources and leading officials performing economic functions. We will increase openness of government information; we will advance information disclosure regarding budgets and final accounts, public resource allocation, approval and implementation of major construction projects, and public welfare undertakings; and accept the supervision of the people and the press.

Transforming our work style. We will further implement the guidelines of the fifth plenary session of the 18th CPC Central Commission for Discipline Inspection; we will firmly improve Party conduct, uphold integrity and combat corruption. We will continue to strengthen the fostering of the Party spirit and consciousness of rules, and observe strict political discipline and rules. We will resolutely keep high consistence with the CPC Central Committee ideologically, politically and in action; firmly safeguard the authority of the CPC Central Committee and unity of the Party. We will continue to rectify formalism, bureaucratism, hedonism and extravagance, consolidate and build on the achievements of “mass line” education and practice activities, and accomplish all rectification tasks in order to honor our commitments. We will earnestly implement the CPC Central Committee’s eight-point decision on improving Party and government conduct and the State Council’s three-point decision on curbing government spending, control administrative cost, conclude the reform on official vehicle use by the Party and government organs and ensure the decrease of “three public expenses”. We will assume principal responsibility in improving the Party’s work style and government integrity, and work in light of their respective scope of responsibility. Leaders at different levels should play an exemplary role; they should follow the sanyan sanshi requirements (“be strict in self-development, the exercise of power and self-discipline; be earnest in making plans, opening up new undertakings and upholding personal integrity”) to truly serve the people, be down-to-earth and upright; take the lead in improving the work style. We will strengthen the team-building of civil servants, optimize team structure, improve the evaluation system, focus on training, and be strict in management, so as to enhance political qualifications and professional proficiency of civil servants in an all-round way. We will encourage research and investigation; strengthen the “two connections”, namely the connection between governments and communities and between officials and the masses, so as to win people’s trust and support with our work style and outstanding performance.

Fellow Deputies,

The “new normal” brings new opportunities, and the new identity ushers in a new journey. Let’s unite more closely around the CPC Central Committee with Comrade Xi Jinping as the General Secretary, follow the firm leadership of the CPC Beijing Municipal Committee, unite with and rely on the people of the whole city; let’s forge ahead with an innovative spirit, be earnest and down to earth, and fully fulfill the targets set for this year’s economic and social development as well as the “12th Five-Year Plan”; let’s make all-out efforts to accelerate the building of a world-class metropolis that is harmonious and living-friendly, and make new contributions to realize the Chinese Dream of the great rejuvenation of the Chinese nation!