That night at the barbecue restaurant in Tangshan, the surveillance footage pierced everyone's eyes and also awakened the whole society to profound reflection on public security. In 2022, the 20th National Congress of the Communist Party of China (CPC) elaborated on comprehensively advancing the rule of law in a special chapter for the first time, marking a new historical starting point for the construction of a rule-of-law China; in the same year, the Anti-Telecommunication and Network Fraud Law was officially implemented, and telecom fraud gangs in northern Myanmar were hit hard with thunderous strikes; in 2022, the Law on the Protection of Women's Rights and Interests was comprehensively revised, and "her rights and interests" received unprecedented attention.This was a year of reflection amid growing pains and progress under the rule of law.
I. The 20th CPC National Congress Elaborated on Comprehensively Advancing the Rule of Law in a Special Chapter: A New Chapter Opened for the Construction of a Rule-of-Law China
"Comprehensively advancing the rule of law is a profound revolution in national governance."
[Event Review]
In October 2022, the eagerly anticipated 20th National Congress of the Communist Party of China was successfully held. For the first time, the report to the 20th CPC National Congress devoted a separate chapter to discussing and specially deploying the construction of the rule of law, clearly proposing to "adhere to comprehensively advancing the rule of law and promote the construction of a rule-of-law China".
The report pointed out that comprehensively advancing the rule of law is a profound revolution in national governance, which is related to the Party's governance and national rejuvenation, the people's happiness and well-being, and the long-term stability of the Party and the country. We must better give play to the guarantee role of the rule of law in consolidating fundamentals, stabilizing expectations, and benefiting the long term, and comprehensively build a modern socialist country on the track of the rule of law.
[Luheng's View]
Governing and rejuvenating the country cannot do without the support of the rule of law; the people's well-being cannot do without the protection of the rule of law. For the first time in the Party's history, the report to the 20th CPC National Congress made a strategic deployment for advancing comprehensive law-based governance in a special chapter, which fully reflects the great importance attached to comprehensive law-based governance by the Party Central Committee with Comrade Xi Jinping at its core, and further declares the Party's firm determination to unswervingly promote the construction of the rule of law.This is the first time in the history of the Party that a special chapter in the report to the National Congress has been dedicated to the strategic deployment of advancing comprehensive law-based governance.
2022 also marks the 40th anniversary of the promulgation and implementation of the current Constitution. General Secretary Xi Jinping published a signed article titled "Writing a New Chapter in the Practice of China's Constitution in the New Era", emphasizing strengthening the awareness of the Constitution, carrying forward the spirit of the Constitution, and promoting the implementation of the Constitution. From top-level design to grassroots practice, the construction of a rule-of-law China has taken solid steps.
II. The Family Education Promotion Law Officially Implemented: The Era of "Raising Children in Accordance with the Law" Fully Opened
"Family affairs have risen to national affairs, and parents are the primary responsible persons."
[Event Review]
On January 1, 2022, the Family Education Promotion Law of the People's Republic of China was officially implemented, which is the first special legislation on family education in China. This law clarifies the primary task of family education, answers the question of "how to educate", and defines the responsibilities of families, schools, governments, society and other subjects.
On January 6, the People's Court of Tianxin District, Changsha City, Hunan Province, in accordance with this law, issued the country's first "Family Education Order" in a dispute over the change of custody right involving the guardian's dereliction of duty in guardianship. It required the involved mother not to let her 8-year-old child live alone with the nanny, to contact the school teachers at least once a week, and to pay more attention to the child's living conditions.
[Luheng's View]
The implementation of the Family Education Promotion Law has elevated family education from "family affairs" to "national affairs", and parents have ushered in the era of "raising children in accordance with the law". From a legal perspective, this law clarifies the responsible subjects and content requirements of family education, and also stipulates the power of relevant departments to intervene when necessary.
The issuance of the country's first "Family Education Order" not only provides a practical means for the law to be implemented, but also resonates with it, fully opening up a new pattern for protecting the healthy growth of minors. The principle of maximizing the interests of the child is the primary consideration when hearing civil cases involving the protection of minors' rights and interests. This "Family Education Order" is a major innovation of national judicial organs in protecting children's rights, and also a vivid practice of the principle of maximizing the interests of the child in the judicial field.
III. The Assault Incident at a Barbecue Restaurant in Tangshan: The Normalization of Combating Organized Crime and Evils Demonstrates the Power of the Rule of Law
"What the people think of the public security organs hinges on their sense of safety."
[Event Review]
In the early morning of June 10, 2022, at a barbecue restaurant in Tangshan, Hebei Province, Chen Mouzhi and others harassed and assaulted Wang Moumou and others who were dining. After the surveillance video of the incident was exposed, it caused an uproar in public opinion across the country.
After the case occurred, the Ministry of Public Security immediately sent a working group to supervise the case, and the Public Security Department of Hebei Province designated the Langfang police to conduct an off-site investigation. Through in-depth investigation, it was found that Chen Mouzhi and others were also suspected of other evil force-related illegal and criminal activities. In September, the procuratorial organ initiated a public prosecution in accordance with the law; on September 23, the People's Court of Guangyang District, Langfang City, made a first-instance judgment, sentencing Chen Mouzhi and others to fixed-term imprisonment ranging from 24 years to 6 months respectively.
In the same period, the Ministry of Public Security deployed public security organs across the country to carry out the "100-day Action" for summer public security crackdown and rectification, cracking more than 640,000 criminal cases, arresting more than 1.43 million illegal and criminal suspects, and listing and rectifying 7,442 public security disorder spots.
[Luheng's View]
The reason why the assault incident at the Tangshan barbecue restaurant aroused nationwide indignation is that it touched the bottom line of public sense of security. From a legal perspective, the rapid investigation, prosecution and judgment of this case in accordance with the law reflect the firm determination to normalize the crackdown on organized crime and evils.
In 2022, public security organs across the country continued to advance the fight against organized crime and evils on a regular basis, cracking down on 1,690 mafia-style organizations and evil force crime gangs, arresting 23,000 criminal suspects, and seizing and confiscating 37.55 billion yuan of involved assets. What the people think of the public security organs hinges on their sense of safety. During the "100-day Action", the number of criminal cases filed nationwide decreased year-on-year, while the number of solved cases increased year-on-year. The lawful handling of this case has made the people fully feel that safety is within reach.
IV. The Anti-Telecommunication and Network Fraud Law Implemented: A Legal Sword to Protect the People's "Pocketbooks"
"From remedying the situation after damage is done to taking preventive measures in advance, from focusing on crackdown to equal emphasis on crackdown, prevention, control and management."
[Event Review]
On December 1, 2022, the Anti-Telecommunication and Network Fraud Law of the People's Republic of China was officially implemented. As a "targeted" law specially formulated for combating and governing telecommunication and network fraud activities, this law strengthens the construction of preventive institutional measures targeting the information chain, fund chain, technology chain, personnel chain and other links where telecommunication and network fraud occurs.
In 2022, public security organs across the country further carried out early warning and countermeasures against telecommunication and network fraud, established a hierarchical and linked dissuasion mechanism, directly pushed 240 million national early warning instructions, preventing 170 million people from being deceived, intercepting 1.82 billion fraudulent calls, 2.15 billion fraudulent text messages, and blocking 3.478 million fraudulent domain names and URLs.
[Luheng's View]
The promulgation of the Anti-Telecommunication and Network Fraud Law is an important achievement of people's livelihood legislation in 2022. From a legal perspective, starting from the "targeted" aspect of anti-telecommunication and network fraud, this law connects with the Personal Information Protection Law and other laws and regulations, and exerts dual efforts on personal information protection, not only blocking the information source for implementing telecommunication and network fraud from the upstream, but also preventing the secondary leakage of personal information in the work of anti-telecommunication and network fraud.
The purpose of this law is to meet the urgent needs of current practice and provide strong legal support for combating and governing telecommunication and network fraud. From the past "remedying the situation after damage is done" to the current "taking preventive measures in advance", from the past focus on "crackdown" to the current equal emphasis on "crackdown, prevention, control and management", this law has built a solid legal barrier to protect the people's "pocketbooks".
V. The Law on the Protection of Women's Rights and Interests Was Comprehensively Revised: The Basic National Policy of Gender Equality Was Fully Implemented
"Her rights and interests" have received unprecedented attention.
[Event Review]
On October 30, 2022, the 37th meeting of the Standing Committee of the 13th National People's Congress voted to adopt the newly revised Law on the Protection of Women's Rights and Interests of the People's Republic of China, which came into force on January 1, 2023.
As one of the most concerned legislative revision projects in recent years, the draft revision of the Law on the Protection of Women's Rights and Interests was submitted for deliberation twice in December 2021 and April 2022 respectively. During the public consultation period for the deliberation draft, the number of revision opinions received was far higher than that of other legal drafts for which public opinions were solicited during the same period.
The new law clearly stipulates in the general provisions that the state shall take necessary measures to promote gender equality, and improves the specific institutional provisions for the protection of women's rights and interests in terms of women's political rights, personal and personality rights and interests, cultural and educational rights and interests, labor and social security rights and interests, property rights and interests, marriage and family rights and interests, etc.
[Luheng's View]
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