The Standing Committee of the 14th National People’s Congress (NPC), China’s top legislature, concluded its fifth session in Beijing.
At the closing meeting, lawmakers voted to adopt the revised Law on Administrative Reconsideration, the foreign state immunity law and a decision to amend the Civil Procedure Law.
President Xi Jinping signed presidential orders to promulgate the laws and effectuate the decision.
Zhao Leji, chairman of the NPC Standing Committee, presided over the meeting.
Lawmakers adopted a decision to extend a trial program allowing lawyers from the Hong Kong and Macao special administrative regions to obtain licenses and practice in nine mainland cities in the Greater Bay Area.
Lawmakers also ratified an extradition treaty with Ecuador, and approved a deputy qualification report and personnel appointments and removals.
Addressing the meeting, Zhao called for efforts to steadily advance high-quality legislation work to provide firm legal guarantees for building a strong China and achieving national rejuvenation.
He stressed the importance of practicing whole-process people’s democracy throughout the legislation work, improving the mechanisms for deputies to engage in the work and expanding channels for the public to participate in the law-making process.
Zhao also chaired a meeting of the Council of Chairpersons of the NPC Standing Committee before the closing meeting and presided over a lecture for lawmakers after the meeting.
Zhao Leji, chairman of the NPC Standing Committee, presides over the closing meeting of the fifth session of the 14th NPC Standing Committee at the Great Hall of the People in Beijing, China, September 1, 2023. /Xinhua
Improving civil litigation procedures
The amendment to the Civil Procedure Law focuses on improving civil litigation procedures related to foreign affairs.
The amendment expands Chinese courts’ jurisdiction over foreign affairs-related civil cases.
It improves the efficiency of the delivery of documents to parties involved in such cases, aiming to safeguard their legitimate rights and interests.
The amendment also refines the legal assistance system for foreign affairs-related civil cases by adding provisions for overseas investigations and evidence collection.
The amended law will take effect on January 1, 2024.
Foreign state immunity law
To step up legislation in fields related to foreign affairs, Chinese lawmakers on Friday voted to adopt a foreign state immunity law.
The law has 23 provisions and stipulates that China will move away from the absolute theory of foreign state immunity and adopt the restrictive theory of foreign state immunity.
The law establishes the general principles of state immunity. “Unless otherwise provided for by this law, foreign states and their property shall be immune from the jurisdiction of the courts of the People’s Republic of China,” the law reads.
The law stipulates a principle of reciprocity in state immunity. “Where the immunity granted by a foreign state to the People’s Republic of China and its property is inferior to that provided for by this law, the People’s Republic of China may apply the principle of reciprocity,” per the law.
The law will also take effect on January 1, 2024.
After the law is enacted, the Hong Kong and Macao special administrative regions should follow the central people’s government in adopting the state immunity rules and policies set out in the law.