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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

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Post-commercial assessment methodology

(The 20th ordinary meeting of the People's Government of Sihan, 2 August 2013, considered the adoption of Decree No. 125 of 8 August 2013 by the People's Government Order No. 125 of 8 August 2013.

Article 1, in order to improve the legislative quality of the city's people, regulate post-government legislation assessment, service and promote economic and social development, and develop this approach in the light of the relevant laws, regulations and regulations.

Article 2 Post-legislative assessments of the Government of the city (hereinafter referred to as the regulations) apply.

Article 3. Post-legislative assessments referred to in this approach refer to activities to investigate, analyse, evaluate and evaluate the legislative quality, effectiveness and social impact of the regulations after a certain time of implementation of the regulations.

Article IV Post-regulation assessments should be guided by the principles of objectivity and impartiality, openness and transparency, scientific legitimacy, public participation and effectiveness.

Article 5 provides the necessary safeguards for post-regulation evaluation.

The State's rule of law institutions are responsible for the coordination and monitoring of the organization's guidance for post-legislative assessments and undertake legislative post-tradence assessments that are important, directly involving civil, legal or other organizations, as well as regulating regulations governing the common conduct of the Government.

The Government's executive authority or the immediate cause unit undertakes a legislative post-assessment of its regulations responsible for the organization.

Other executive bodies and related units should work in line with their respective responsibilities in conjunction with the post-regulation assessment process.

Article 6

Project requirements for the post-application of regulations for the evaluation of the annual plan are reviewed by the municipal financial sector.

Article 7.

(i) Three years of implementation;

(ii) Significant changes are proposed;

(iii) The proposed increase in local legislation;

(iv) Bills of representation and proposals by members of the Political Union;

(v) Administrative review, administrative proceedings reflect a greater problem or a greater number of views and proposals by the public and the media;

(vi) The Government considers it necessary to assess.

Changes and repeals may not be carried out in accordance with the top law or with special circumstances.

Article 8. The assessment body shall conduct a holistic assessment of the full content of the regulations, in accordance with specific circumstances and actual needs, or undertake a partial assessment of their main elements, from legislative content, legislative technology and performance.

The assessment bodies should focus on the assessment of the institutional responsibilities, administrative licences, administrative sanctions, administrative enforcement, administrative charges, administrative requisitions, administrative assistance, administrative payments and administrative payments.

Article 9 Post-regulation assessments are based on the following criteria:

(i) The criterion of legality is whether regulations are in compliance with legislative authority, legislative procedures and whether they are contrary to the provisions of the superior law.

(ii) A reasonable criterion, whether the principle of fairness and justice is reflected; whether regulatory measures are necessary and appropriate; whether the creation of legal responsibility is comparable to the facts, nature, circumstances and social hazards of the offence.

(iii) Coordinated criteria, namely, regulations with the same level, accompanying normative documents and the existence of a conflict in national policies, and whether the systems set up are complete and interdependent.

(iv) Competent criteria, i.e. whether the prescribed system is relevant and easily operational; whether the measures provided are efficient and accessible; and whether the procedure provided is justified and simple.

(v) Technical standards, namely, whether the legislative technology is regulated, whether the logical structure is closely structured, whether it is accurate and whether it affects the proper and effective implementation of the regulations.

(vi) Performance criteria, whether regulations are universally respected and enforced and whether administrative problems are effectively addressed, whether expected legislative purposes are achieved, and whether the economic and social benefits achieved after implementation are significantly higher than the cost of implementation and implementation.

Article 10. The assessment shall be conducted in accordance with the following procedures:

(i) Establish assessment teams. The assessment team, composed of Government rule of law staff and relevant staff, may also be invited to participate, among other representatives, parliamentarians, experts, public representatives, legal practitioners. The assessment team was carried out in particular.

(ii) Develop assessment programmes. The assessment programme includes, inter alia, assessment purposes, evaluation content and standards, assessment methods, assessment steps and timing, funding and organizational guarantees. The assessment programme has been developed by the regulatory implementing units, followed by the agreement of the assessment body.

(iii) Conduct research. The views and recommendations of the executive bodies, the management target audience and the public were collected through field missions, colloquiums, questionnaire surveys, thematic studies, expert perceptions, online consultation.

(iv) Analysis evaluation. Analytical studies on the recommendations and related materials collected and preliminary assessment findings.

(v) A assessment report. Further research and evidence of the preliminary assessment findings, suggesting that regulations continue to be implemented or modified, repealed, interpreted, developed a accompanying system, improved administrative law enforcement, complemented, modified and developed a formal assessment report.

Article 11. The assessment body may take a summary procedure to assess the actual needs of the assessment process.

A simple process could be followed by a refinement of the assessment report, including through the collection, analysis of information, the organization of expert analysis data or the convening of a validation conference.

Article 12. The assessment body may, in accordance with its actual needs, entrust the institution of higher institutions, scientific institutions, social groups, intermediaries with specific implementation of the assessment or part of the assessment process.

The assessment should guarantee the effective participation of the public in society. The assessment bodies, commissioned assessment units should fully incorporate the views and recommendations of civil, legal and other organizations on the implementation of the regulations.

Article 14. The assessment shall be objective, fair and realistic. The assessment authority, the delegated assessment unit shall not prejudge the assessment findings and shall not receive information on the merits of the assessment authority and staff. An explanation should be provided in the report for the non-recognition of important observations and proposals.

Article 15. The assessment shall be completed within six months after the establishment of the assessment team, with the complexity and controversy, and with the consent of the commune authorities to extend for a period of two months. A summary process assessment should be completed within three months after the establishment of the assessment team.

Article 16 provides an assessment organized by the Government of the city concerning the administration or the immediate cause unit, which is sent to the Government of the city after the evaluation of the State's rule of law institutions. The assessment was carried out directly by the commune of the communes' rule of law institutions, which were sent to the Government of the commune and informed the relevant administrative authorities.

The assessment report should be made public to society within 20 working days, in addition to the content of State secrets, commercial secrets and personal privacy.

The assessment reports approved by the Government of the city should serve as the main reference basis for changes, repealing regulations and improving administrative law enforcement.

Article 18 of the assessment report recommends that regulations be amended or repealed, and the relevant administrative organs and units should be brought to the Government of the urban population in accordance with legislative procedures or repealed. In accordance with the changes in regulations in the post-legislative assessment report, the recommendations of the assessment report should be taken into account and the reasons should be given.

The accompanying regime of the recommendations of the Article 19 assessment report needs to be improved or the implementation needs to be improved, and the executive bodies should take appropriate measures in a timely manner within the statutory competence.

Article 20 Post-regulation assessment is incorporated into the scope of the administrative work of the law.

Article 21, this approach is implemented effective 1 October 2013.