On April 22, the NEA 2023 Rule of Law Government Annual Report.
According to the report, the key tasks for the construction of the rule of law government in 2024 include: solidly promoting energy legislation. Cooperate with the legislative deliberation of the energy law, carry out pre-study on the introduction of supporting regulations and policies for the energy law, and create a favorable environment for the smooth implementation of the energy law under the rule of law. Promote the revision of the Electricity Law as a priority legislative matter. Actively promote the development and revision of the Renewable Energy Law, the Coal Law, the Petroleum Reserve Regulations, and the Nuclear Power Management Regulations.
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NEA Annual Report on Rule of Law Government 2023
In accordance with the requirements of the Implementation Outline for Rule of Law Government Construction (2021-2025) and the Provisions for the Work of Inspectors on Rule of Law Government Construction and Responsibility Implementation, the NEA reports on its work on rule of law government construction in 2023 and the work arrangements for 2024 as follows.
I. Key initiatives and effectiveness of the rule of law government in 2023
In 2023, the Party Group of the National Energy Administration (NEA), guided by Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era, deeply implemented the spirit of the 20th CPC National Congress, followed the working requirements of the CPC Central Committee and the State Council on building a rule of law government, put the construction of a high-level and high-standard rule of law organ in an important position, accelerated the construction of the energy legal system system, solidly pushed forward the administration in accordance with the law, improved the constraints on the administrative power and the supervision mechanism, and pushed forward the construction of a modern Energy governance system, to provide a solid guarantee of the rule of law for the high-quality development of energy.
(i) In-depth study and implementation of Xi Jinping's thought on the rule of law
The Theoretical Study Center Group of the Party Group of the National Energy Administration (NEA) has organized special studies on Xi Jinping's thought on the rule of law, and effectively implemented Xi Jinping's thought on the rule of law into the entire process of the Party Group's "Three Major Events" decision-making and work deployment. Xi Jinping's thought on the rule of law as a mandatory course for the education and training of party members and cadres of the Bureau, to carry out the activities of the Constitution Awareness Week, Civil Code Awareness Month, Administrative Review Law Awareness Month, etc., and invite experts to interpret the important knowledge of the law, so as to enhance the legal awareness of party members and cadres of the Bureau to know the law and to understand the law and to administer in accordance with the law. Insisting on the constitutional oath-taking ceremony as a concrete practice to carry forward the spirit of the Constitution and firmly believe in the rule of law, to inspire and guide the party members and cadres to consciously safeguard the authority of the law, promote the spirit of the rule of law, and perform their duties in accordance with the law.
(ii) Systematic planning for building a government based on the rule of law
Adhere to and strengthen the Party's leadership in the construction of the rule of law government. The party group of the Bureau of timely communication and study of General Secretary Xi Jinping's important exposition on the construction of the rule of law, the Bureau of the main responsible comrades to conscientiously fulfill the responsibility of the first person responsible for the construction of the rule of law government, regularly convene meetings of the Bureau of the rule of law construction leading group, research and planning for the construction of the rule of law government work, the deployment of energy to promote the task of legislation, to ensure that the decision-making and deployment of the Party Central Committee and the State Council to implement the implementation of the law.
(iii) Promoting the construction of an energy legal system
It has earnestly implemented the spirit of General Secretary Xi Jinping's important instruction of "accelerating the improvement of the legal system of socialism with Chinese characteristics centered on the Constitution", and has improved the energy legal system.
Promoting significant progress in energy legislation. The Party Group of the Bureau attaches great importance to legislative work, and has made the legislation of the energy law an annual work priority, promoting consensus among all parties on the basic principles and main systems of the energy law, and submitting the draft energy law to the Standing Committee of the National People's Congress for deliberation in January 2024 after it was discussed and passed at the executive meeting of the State Council. The revision of the Electricity Law and the Renewable Energy Law was promoted for inclusion in the legislative plan of the Standing Committee of the Fourteenth National People's Congress.
Strengthening the management of regulations and normative documents. Comprehensively carry out regulations and normative documents "establishment, reform and abolition", systematically clean up the regulations of the former Ministry of Energy, the Ministry of Electric Power, the Ministry of Coal, the State Economic and Trade Commission, and the State Electricity Regulatory Commission, revising 11 and repealing 8, and further perfecting the industry's management system. The organization carried out centralized cleaning of normative documents and abolished 51 normative documents that were no longer applicable. Throughout the year, 9 regulations and 14 normative documents were strictly examined for legality and fair competition to ensure that the contents of the documents were legal and effective.
(iv) Improvement of the functional system of governmental institutions
(c) To conscientiously implement the spirit of General Secretary Xi Jinping's important instructions to "optimize the system of governmental responsibilities and organizational structure, and promote the legalization of institutions, functions, authorities, procedures and responsibilities", accelerate the transformation of governmental functions, and improve administrative efficiency and governmental credibility.
Continuously optimizing the business environment. During the period of learning and implementing the theme education of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, a three-month special rectification of frequent power outages was centralized nationwide, supervising and resolving 510 typical and representative problems, benefiting more than 2 million people. It has fully implemented the anti-monopoly and fair competition review system, and continued to promote the regulation of natural monopolies in electricity, oil and gas, etc., to ensure the smooth and orderly operation of the energy market. We have continued to strengthen the regulation of "access to electricity" services, and promoted the normalization of the "three zeros" and "three provinces" service initiatives, saving power users more than 200 billion yuan in investment in power supply. The government has saved power users more than 200 billion yuan in investment in electricity services in total.
Building a service-oriented government. Improve the construction of the integrated government service platform, implement electronic certificates, and realize the "one network to do, one network to check" of electric power business licenses. Accelerating the informationization construction of green power certificate issuance, and further enhancing the level of "Internet+government service". Establishing the National Energy Administration's cybersecurity information notification platform, timely notification of unexpected cybersecurity incidents in the energy sector, and enhancing the ability to respond to cybersecurity attacks.
(v) In-depth promotion of administration in accordance with the law
Conscientiously implement General Secretary Xi Jinping "administrative organs at all levels must perform their duties in accordance with the law, and adhere to the spirit of the important instructions that legal duties must be done, and cannot be done without authorization", and strictly carry out the supervision and management of the industry in accordance with the law, and promote the healthy development of the energy industry in the track of the rule of law.
Adhering to scientific, democratic and legal decision-making. It has revised the Working Rules of the National Energy Administration, formulated the Interim Measures for the Administration of the National Energy Administration's Organization and Establishment, and further improved the administrative decision-making system. It has strictly implemented major decision-making procedures, and convened party group meetings, bureau meetings and director's office meetings to study and consider major matters such as draft laws and regulations, major energy planning and key construction projects.
Fulfillment of duties and responsibilities in accordance with the law. In accordance with the relevant decisions and deployments of the CPC Central Committee and the State Council, we have formulated energy plans, industrial policies and standard systems in accordance with the law, and standardized project approvals. The annual new power installed capacity of about 330 million kilowatts, started construction of a number of large hydropower, "Shagoe Wilderness" large wind power photovoltaic base, nuclear power, pumped storage projects. Standards and procedures are strictly enforced in project approval work, and approved documents are reviewed for legality.
Strictly standardizing and impartially enforcing the law. The National Energy Administration has issued the Provisions on the Causes of Administrative Penalties of the National Energy Administration and the Administrative Law Enforcement License Management Measures of the National Energy Administration (for Trial Implementation) to further improve the administrative law enforcement system. Implement the benchmarks for administrative penalty discretion, and regulate the behavior of administrative penalties in accordance with the law. Strictly standardizing the administrative law enforcement, a total of 521 administrative penalty decisions were made throughout the year, and a number of violations were seriously investigated and dealt with.
(c) Doing a good job of administrative reconsideration and responding to complaints. The newly revised Administrative Reconsideration Law has been implemented, and the Administrative Reconsideration and Administrative Response Regulations of the National Energy Administration have been formulated. It handled administrative reconsideration and administrative appeals in accordance with the law, and handled 21 administrative reconsideration cases and 37 administrative appeal cases throughout the year.
II. Key tasks in building a Government based on the rule of law in 2024
The year 2024 marks the 75th anniversary of the founding of the People's Republic of China and is a critical year for accomplishing the goals and tasks of the Fourteenth Five-Year Plan. The party group of the National Energy Administration will thoroughly implement Xi Jinping's thought on the rule of law, follow the deployment of the CPC Central Committee and the State Council on the construction of a government based on the rule of law, focus on the objectives and tasks of a modern energy governance system, and focus on the promotion of legislation, law enforcement, legal literacy and administration in accordance with the law, in order to comprehensively build a rule of law organ with legal rights and responsibilities, openness and fairness, strict law enforcement, integrity and honesty, and to promote the modernization of the energy governance capacity.
(i) In-depth implementation of Xi Jinping's thought on the rule of law
In-depth study and publicity of Xi Jinping's thought on the rule of law, focusing on learning the rule of law thinking and the spirit of the rule of law embedded therein. Convene a meeting of the bureau's rule of law construction leading group to make overall deployment of the bureau's rule of law construction work in 2024, issue and implement a list of key tasks for rule of law construction in 2024 and supervise their implementation.
(ii) Solid promotion of energy legislation
Cooperate with the legislative review of the energy law, carry out pre-study of the supporting regulations and policies introduced by the energy law, and create a favorable environment under the rule of law for the smooth implementation of the energy law. Promote the revision of the Electricity Law as a legislative priority. Actively promote the formulation and revision of the Renewable Energy Law, the Coal Law, the Petroleum Reserve Regulations, and the Nuclear Power Management Regulations.
(iii) Improving the system of administration in accordance with the law
(c) Standardizing the performance of duties in strict accordance with the list of powers and responsibilities. In accordance with the list of powers and responsibilities, it has systematically sorted out and supplemented and improved the implementation specifications for administrative licensing matters, and further refined the conditions, processes, deadlines and ranges for the implementation of powers and responsibilities, such as administrative confirmations, administrative inspections and administrative penalties. It has strengthened the management of normative documents, done a good job of reviewing the legality of normative documents, and promptly repealed and revised inapplicable normative documents.
(iv) Serious efforts to study and popularize the law
Focusing on the Party's constitution, guidelines and regulations, it organizes the study and dissemination of the Party's internal regulations. It also organized special studies on the newly amended Administrative Reconsideration Law and Administrative Penalty Law, as well as court hearings. It continued to organize and carry out activities to publicize the law on "4-15" National National Security Education Day, Fair Competition Policy Awareness Week, and "12-4" National Constitution Day, and implemented the constitutional oath system. It will earnestly implement the "whoever enforces the law, who popularizes the law" responsibility system for popularizing the law, and promote the energy industry's study of the law, compliance with the law and usage of the law.
(v) Improving the quality and effectiveness of administrative enforcement
Focusing on comprehensive supervision in the field of electric power, it has endeavored to solve the deep-rooted problems that constrain the high-quality development of the industry and affect the public's satisfaction with the use of electric power. Specialized supervision will be carried out to prevent undue local interference in the electricity market by focusing on the outstanding problems of the electricity market order. It will strengthen the supervision of natural monopolies such as power grids and oil and gas pipeline networks, and carry out key supervision in areas such as power safety. Study and formulate guidelines for the construction of credit system in the electric power market, and comprehensively utilize credit and other means to synergistically promote special supervision. Promote the application of the National Energy Administration's administrative penalty information management system to enhance the digitalization of administrative enforcement.
(vi) Doing a good job of administrative prevention, mediation and resolution of conflicts and disputes
(c) Fully implementing the newly amended Administrative Reconsideration Law, strengthening communication with the parties concerned, and endeavouring to resolve administrative disputes at the grass-roots level and within the administrative organs. Strengthening the construction of administrative reconsideration teams and enhancing their ability to resolve administrative disputes.
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