Legislation Law amended

On 13 March 2023, the National People’s Congress amended the Legislation Law (立法法) for the third time.

The current text consists of 120 articles, in 7 chapters (General Provisions, Law, Administrative Regulations, Autonomous Regulations, Local Regulations, Recording and Review and Supplementary Provisions).

Compared to the previous text of the Law (2015), the changes are many and relate to the content, number and numbering of its provisions. As of today, the Law indeed comprises 120 articles, compared to the 105 of the previous version.

Article 1 defines from the outset the purposes of the Law: “This Law is enacted in accordance with the Constitution in order to standardise law-making activities, improve the national legislative system, improve the quality of legislation, improve the socialist legal system with Chinese characteristics, give legislation a leading and promoting role, safeguard and develop socialist democracy, comprehensively promote the rule of law and build a socialist country under the rule of law.”

The exclusive competence of the National People’s Congress in relation to fundamental laws remains in place but, at the same time, the legislative process for passing laws is made faster; therefore, the legislator’s interest in speeding up the legislative process through some procedural simplifications and the removal of certain consultative steps is paramount.

Merely by way of example, Article 14 requires a single approval of the law in the event of an emergency, a notion that, however, is not clarified.

Articles 98 -116 on the hierarchy of sources of law are also of particular interest.

The Law, therefore, confirms itself as an indispensable text that must necessarily be kept in mind.

Sources available at:

http://www.npc.gov.cn/npc/kgfb/202303/eb5e0e60ff5f43f7a3bfa2a10bbee6ba.shtml