Regulations aligned with Constitution

Local rules requiring paternity test found to conflict with fundamental law

A few local administrative regulations have been corrected after their content requiring a paternity test in cases of suspected violations of national family planning policy was found to conflict with the Constitution, a report said.

The previous regulations also stated that those who refused the test would face fines ranging from 10,000 yuan ($1,400) to 50,000 yuan.

The provision was questioned, and last year suggestions were made to the Legislative Affairs Commission with the Standing Committee of the National People's Congress, the country's top legislature, to conduct a review.

"After the review, we deemed the regulations did not require a paternity test, nor did they need punishment, as such testing infringes on dignity, identity, privacy and family harmony, which are basic rights protected by the Constitution," said Shen Chunyao, director of the commission.

The regulation was inconsistent with the Constitution and its spirit, and needed to be rectified, he told lawmakers on Wednesday, while submitting the report to the top legislative body for discussion.

Over the past decade, President Xi Jinping has highlighted the significance of the Constitution, calling for all walks of life to uphold and implement the law.

In an article published on Dec 19, Xi stressed the need to write a new chapter in constitutional practice in the new era, as the country marks the 40th anniversary of the enactment of the Constitution.

Xi called for efforts to raise awareness of the Constitution, carry forward its spirit and promote its implementation, underscoring the need to better leverage the important role of the Constitution in state governance.

By doing so, a solid guarantee can be provided for turning China into a modern socialist country in all respects and advancing the great rejuvenation of the Chinese nation on all fronts, Xi added.

"It is imperative that we stay committed to Constitution-based governance and the Constitution-based exercise of State power," Xi said, noting that the Constitution is the fundamental legal basis for the Party's long-term governance.

Xi emphasized that Party committees at all levels should ensure that their decisions and policies are in line with the Constitution, clarifying that laws and regulations that violate the provisions, principles and spirit of the Constitution must be corrected.

Shen said in the report that Xi's requirements have accelerated efforts to strengthen reviews to determine whether documents conflict with the Constitution, and also prompted them to conduct more research on issues related to the Constitution.

In addition, the commission has intensified the review of environmental protection and food safety, to ensure local regulations and other documents are consistent with the Constitution.

Statistics in the report showed that the commission has received 17,769 suggestions for review from individuals and organizations over the past five years. The number increased to 6,339 last year from 1,229 in 2018.