When The Xining Municipal Government Regulations Legislation Assessment

Original Language Title: 西宁市政府规章立法后评估办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201311/20131100393683.shtml

When the Xining municipal government regulations legislation assessment

    (20th of August 2, 2013 Xining municipal executive meeting August 8, 2013 Xining people's Government promulgated as of October 1, 2013, 125th) first in order to improve the quality of municipal legislation, regulating Government assessment of the regulatory legislation, services and promoting economic and social development, in accordance with the relevant provisions of laws and regulations, combined with the city's actual, these measures are formulated.

    Second municipal regulations (hereinafter the regulations) legislative assessment, these measures shall apply.

    Article assessment after the legislative regulations in these measures refers to regulations after a certain time, in accordance with the standards and procedures, the quality of legislation, implementation of regulations effect and social impact, such as research, analysis, evaluation, amend, repeal regulations, improving administrative enforcement assessment activities.

    Fourth assessment of the regulatory legislation should follow objective fairness, openness and transparency, public participation, results-oriented, scientific and reasonable principles.

    Article fifth municipal assessment of the legislative regulations under unified leadership and regulatory assessment of the legislation provides the necessary guarantees.

    Legislative Affairs Agency is responsible for the assessment of the legislative organization, coordination and supervision of works, and important, directly involving citizens, legal persons or other organizations vital interests and standardize Government behavior after the legislative assessment of the regulations.

    Municipal administrative departments or affiliated institutions responsible for implementation after the legislative assessment of the regulations.

    Other administrative departments and units concerned shall, in accordance with their respective responsibilities, to coordinate assessment of the regulatory legislation.

    Sixth of municipal legislative affairs agency shall, jointly with relevant departments to produce regulations legislative evaluation annual plan, submitted to the municipal people's Government for approval organization.

    After inclusion of regulatory legislation requirements for the assessment of annual projects, the municipal finance department disbursement.

    Seventh rule, one of the following circumstances shall be assessed:

    (A) has been implemented for over 3 years;

    (B) the proposed major revisions;

    (C) proposes to increase as local regulations;

    (D) the NPC motions and CPPCC proposals put forward more opinions and recommendations;

    (E) administrative reconsideration and administrative litigation reflected many problems or the public, the news media more comments and suggestions;

      (F) Municipal Government that needs assessment.

    According to the upper law or there are special circumstances need to be modified, repealed, can not be assessed thereafter.

    Article eighth assessment authority shall, depending on the circumstances and the actual needs, from the aspects of legislative content, technology and performance, an overall assessment of all the contents of the regulations, or the main content part of the assessment.

    Assessment bodies should focus on the organizations involved in the regulatory duties, administrative license, the administrative punishment or administrative enforcement, administrative collection and administrative expropriation assessment, administrative assistance, executive pay and other matters.

    Nineth regulation assessed thereafter based on the following criteria:

    (A) the standard of legitimacy, namely regulatory compliance with legislative mandates and legislation, are contrary to the upper law provisions.

    (B) the reasonableness standard, namely whether the principles of fairness, impartiality is reflected; whether the management measures may be necessary and appropriate; set whether the violations of legal liability facts, character, plot, and harm.

    (C) coordination of standards, the hierarchy of rules and regulations, supporting regulatory documents and national policy if a conflict exists, the ancillary system interface facilities, as required.

    (D) operational standards, relevance of the provision system, easy; prescribed measures are efficient and accessible; the procedure is established, simple.

    (V) technical standard, that is, technical specifications, the logical structure is tight, is accurate, does it affect the correct and effective implementation of regulations.

    (F) performance criteria, namely universal adherence to and implementation of the regulations, effective solution to the problems existing in the Administration, is expected to achieve its objectives, economic and social benefits are significantly higher than those achieved after the implementation of regulations development and implementation costs.

    Article tenth assessment should be carried out in accordance with the following procedure: (A) set up a Panel. Assessment Panel composed of government legal and related staff, may also invite the deputies and CPPCC members, experts, scholars, representatives of the public, lawyers and other officials attended.

    Specifically in the assessment work of the evaluation group. (B) developing assessment programme. Assessment programme includes assessment purposes, the contents and standards of evaluation methods, assess the steps and timing, funding and organization.

    Evaluation of programmes formulated by the regulations unit, assessment office before implementation. (C) to conduct research.

    Through field trips, seminars, surveys, research, experts, online consultation methods such as collecting organ, management and the public opinions and suggestions. (D) analysis and evaluation.

    Comments and related material collected for analysis, preliminary conclusion. (V) formation evaluation report.

    The preliminary findings for further research and demonstration, proposed regulations to continue or to modify, repeal, interpretation, development of a supporting system, improving law enforcement aspects of the assessment, supplemented, modified and perfected after the formation of a formal evaluation report.

    11th assessment bodies according to actual needs assessments, can take an assessment summary.

    Expeditious proceedings, through the holding of seminars, online survey or information retrieval methods such as information collection, analysis, expert analysis or feasibility study meeting held to assess after the modifications are complete, formation evaluation report.

    12th assessment based on actual needs, may authorize institutions of higher learning and scientific research institutions, social organizations, intermediaries and other concrete implementation assessment or assessment issues at work. 13th evaluation shall guarantee the effective participation of public.

    Assessment bodies, entrusted with the evaluation units should be fully absorbed citizens, legal persons and other organizations on regulatory implementation of suggestions and recommendations. 14th assessment should be objective, fair and realistic. Assessment bodies, entrusted with the evaluation unit may preset conclusions, not in accordance with the valuation preference choices of organs and staff information.

    Important observations and recommendations are not adopted, should be explained in the report. 15th assessments should be completed within 6 months after the panels were established, content is complex and controversial, the municipal people's Government legal agencies agree that can be extended to 2 months.

    Use a summary assessment, should be completed within 3 months after the panels were established. Article 16th by the relevant municipal administrative departments or institutions directly under the organizational assessment, assessment reports by the city legislative affairs agency review, submitted to the municipal people's Government.

    Directly by the municipal people's Government legal agencies organizational assessment, assessment reports by the city Legislative Affairs submitted to the municipal people's Government, and to inform the relevant administrative departments.

    Assessment reports related to State secrets, business secrets and personal privacy of the content, shall, within 20 working days to the public.

    Article 17th assessment report shall be approved by the municipal people's Government, as modified, repealed Regulation, improving law enforcement is the main reference. 18th assessment report recommended that regulations be amended or repealed, the relevant administrative bodies and drew attention to the municipal people's Government shall, in accordance with legislative procedures to modify or repeal the regulations.

    According to the evaluation report after the legislative amendment to the Constitution, should adopt the recommendations of the evaluation report, shall state the reasons for that are not adopted.

    19th assessment report recommends that the regulatory system needed improvement or implementation needs to be improved, regulatory organ shall take appropriate measures in a timely manner within the statutory authority to implement them.

    Assessment of the 20th legislative regulations, included in the scope of examination administration according to law. 21st article this way come into force October 1, 2013.