Decision of the Standing Committee of the National People's Congress to Amend Certain Laws

Decision of the Standing Committee of the National People's Congress to Amend Certain Laws

Decision of the Standing Committee of the National People's Congress to Amend Certain Laws

Order of the President of the People's Republic of China No. 18

August 27, 2009

The Decision of the Standing Committee of the National People's Congress to Amend Certain Laws, which was adopted at the 10th session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on August 27, 2009, is hereby promulgated and shall come into effect on the date of promulgation.

Hu Jintao, Chairman of the People's Republic of China

Decision of the Standing Committee of the National People's Congress to Amend Certain Laws

(Adopted at the 10th session of the Standing Committee of the 11th National People's Congress on August 27, 2009)

It was decided at the 10th session of the Standing Committee of the 11th National People's Congress that:

I. Provisions of the following laws which clearly do not meet the needs of the socialist market economy and social development shall be amended.
1. Article 7 of the General Principles of Civil Law of the People's Republic of China shall be amended to: "Civil activities shall respect social ethics and must not damage the public interest or disrupt social and economic order."
Item 6 of Paragraph 1 of Article 58 shall be deleted.
2. Paragraph 4 of Article 2, Article 23, Paragraph 1 of Article 35 and Article 55 of the Law of the People's Republic of China on Industrial Enterprises Owned by the Whole People shall be deleted.
3. Article 47 of the Law of the People's Republic of China on Physical Culture and Sports (1995) shall be deleted.
4. Paragraph 3 of Article 57 and Article 59 of the Education Law of the People's Republic of China shall be deleted.
5. Article 52 of the Flood Prevention Law of the People's Republic of China shall be deleted.

II. Provisions concerning "requisitions" in the following laws and interpretations of laws shall be amended.
(1) In the following laws and interpretations of laws, the term "requisition" shall be amended to "expropriation and requisition":
6. Article 18 of the Forestry Law of the People's Republic of China
7. Article 12 of the Law of the People's Republic of China on the Protection of Military Installations
8. Article 48 of the Law of the People's Republic of China on National Defense
9. Article 13 of the Law of the People's Republic of China on Protecting the Rights and Interests of Returned Overseas Chinese and Their Family Members
10. Articles 16 and 59 of the Law of the People's Republic of China on Land Contract in Rural Areas
11. Articles 38, 39 and 63 of the Grassland Law of the People's Republic of China
12. Articles 381 and 410 of the Criminal Law of the People's Republic of China
13. Interpretation of the Standing Committee of the National People's Congress on Paragraph 2 of Article 93 of the Criminal Law of the People's Republic of China
14. Interpretation of the Standing Committee of the National People's Congress on Articles 228, 342, and 410 of the Criminal Law of the People's Republic of China
(2) In the following laws, the term "requisition" shall be amended to "expropriation":
15. Article 14 of the Fisheries Law of the People's Republic of China
16. Article 36 of the Railway Law of the People's Republic of China
17. Article 9 of the Law of the People's Republic of China on the Administration of Urban Real Estate
18. Article 16 of the Electric Power Law of the People's Republic of China
19. Article 20 of the Law of the People's Republic of China on the Coal Industry
20. Article 30 of the Law of the People's Republic of China on Administrative Review
21. Article 71 of the Agricultural Law of the People's Republic of China

III. Provisions of the following laws concerning criminal liability shall be amended.
(1) The phrases "In accordance with the provisions of Article * of the Criminal Law" and "with reference to the provisions of Article * of the Criminal Law" in the following laws shall be amended to "in accordance with the relevant provisions of the Criminal Law":
22. Article 29 of the Metrology Law of the People's Republic of China
23. Articles 39, 40, 43, 44 and 48 of the Mineral Resources Law of the People's Republic of China
24.
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