Normative documents, Jilin province approaches
(February 19, 2013 2nd meeting consideration of the people's Government of Jilin province on March 18, 2013, Jilin provincial people's Government order No. 240 announced as of May 1, 2013) first in order to strengthen the management of normative documents, ensuring the quality of regulatory documents, maintain the uniformity of the legal system, in accordance with relevant regulations of the State, combined with the facts of the province, these measures are formulated.
The second article of the normative document referred to, is subject to government regulations, the provincial Executive in accordance with the statutory powers or legal, regulatory authority, with regard to the rights and obligations of citizens, legal persons and other organizations, generally binding, in a file can be used repeatedly within a certain period.
Administrative bodies in these measures consist of the following units:
(A) the people's Governments at all levels;
(B) Department works the people's Governments above the county level;
(C) provincial and municipal government agencies;
(D) the organizations authorized by the laws and regulations;
(E) in accordance with the statutory duty can be the exercise of administrative powers to other bodies.
Article development of normative documents in the province, these measures shall apply. Article fourth name of normative documents, General provisions, methods, rules, decisions, opinions, notices, etc.
Where the content for the implementation of laws, regulations and rules and the higher administrative authorities of normative documents, names should generally be called "implementation". Normative document provisions for general form.
Apart from the complex, and are generally not divided into chapters and sections.
Article fifth standard document shall conform to the provisions of the laws, regulations and rules, following the principle of simplification, uniformity and efficiency, openness, embody the power and responsibility requirements. Developing regulatory documents shall be improving style, it is necessary and effective.
Normative document wording accurate and concise, clear, specific, operational. Sixth administrative organ shall control the number of normative documents.
Laws, regulations and rules and the higher administrative authorities of normative documents have explicit content, lower-level normative document provisions, in principle, will not repeat. Article seventh normative documents may not be establishment of an administrative license, the administrative enforcement, administrative penalty and shall be set by the laws, rules and regulations.
Not illegal to increase obligation of citizens, legal persons and other organizations, restricting the rights of citizens, legal persons and other organizations. Eighth development of normative documents in principle to implement program management.
Normative documents the beginning of each year according to the Administration's need to develop and release annual plan of normative documents. Nineth normative documents drawn up by the enacting body, or organize the drafting.
Normative documents developed by highly specialized, or involves significant public interest, or a high degree of social concern, developing bodies may invite experts to participate in the drafting, or commissioned experts to draft.
Tenth draft normative documents unit, should study the feasibility and necessity of development of normative documents, normative documents relating to status, to be solved in the field of social management problem, the main system as well as measures intended to establish legality and rationality, feasibility study demonstrates.
11th draft normative documents of the unit shall be in writing and seek the views of relevant organs, organizations, and may be convened according to the actual need to take seminars, feasibility study meeting, hearing and other way to listen to all views. Normative documents involving significant public interests, or directly related to the most vital interests of citizens, legal persons or other organizations, draft normative documents units shall be conducted through the Government website, departmental website or publish draft regulatory documents that are accessible to the public knows, and solicit opinions.
Public comment period shall not be less than 15 working days.
12th draft normative documents of the unit to the organs, organizations and citizens advice, recommendations should be carefully studied, absorbing reasonable views, did not accept the feedback comments should be in an appropriate manner. Relevant organs have a significant disagreement on the content of the draft regulatory documents, draft normative documents of the unit should be fully consulted.
Negotiated agreement cannot be reached, should be reported to people's Governments at the same level or higher administrative authorities coordination, decision.
13th draft normative documents of the unit after the completion of the drafting of the relevant, you should send the following materials to normative documents mouthpiece:
(A) request submitted to the publishing normative documents;
(B) draft normative documents;
(C) the drafting of regulatory documents description;
(D) draft normative documents on the basis of laws, rules, regulations and orders, decisions of higher administrative authorities;
(E) to seek the views of relevant material;
(F) other relevant material.
Normative document drafted statement shall set forth the necessity and feasibility of developing normative documents developed during the hearing, adopt the views of, significant differences of opinion coordination results and so on. 14th government regulatory documents, including the Government regulatory documents agreed to by the respective departments, in bringing before the consideration of the Government, legal departments in legality should be determined by the people's Governments at the corresponding level review of government regulatory documents, including the joint development of normative documents should be reviewed by the legitimacy of legal institutions in this sector.
Without a review of legality, or Department of the Government shall not be considered.
15th legality examination include the following:
(A) the legality of the principal;
(B) beyond the enacting body statutory power or authority of laws and regulations;
(C) compliance with laws, regulations, rules and parent policies and regulations;
(D) are in breach of the provisions of this article seventh;
(E) develop procedures for compliance with the normative documents;
(F) whether it conflicts with the other regulatory documents;
(VII) other contents need to be reviewed. 16th the Government legal departments, departments, when the rule of law institutions in the review of regulatory documents, and the right to draft normative documents of the normative documents on matters related to description, provide relevant information and evidence, shall cooperate with the review of draft normative documents.
Failed to provide relevant information and evidence, government legal departments, departments, bodies may suspend the review of the legal system.
Government needs the rule of law institutions in accordance with the rule of law sector, sector review, you can organize the drafting of normative documents of the unit for further investigation, in consultation with interested agencies, organizations and citizens, to coordinate the relevant differences, organizational experts, hold hearings and other activities.
17th government legal departments, departments, agencies review the legality of the legal system, to modify the normative documents, form review of legality, of the normative documents and will review the draft and the validity of the submission the enacting body.
18th the Government Legal Department, Department legal authority to review regulatory documents, consider the enactment of normative documents conditions are not mature, existing laws, regulations, rules or contrary to the problem is not resolved, or other relevant authorities of normative documents exist significant differences of opinion and are not coordinated, can contribute to the development of recommendations proposed to suspend the development of normative documents.
19th due to special circumstances requiring immediate development of normative documents, approved by the head of the people's Governments at the corresponding level, or the, you can simplify the procedures, but must go through legal review. Article 20th normative documents should be subject to Executive or Government Department leading group discussions.
Discussions following the adoption of General or Department Chief signed the release by the Government. 21st normative documents on Standardization document unified registration, serial number and unified publishing. Regulatory documents shall be through the Official Gazette, Government Web sites, government sites, Department sites are accessible to the public awareness of the legal system published.
Without publicly available, and shall not be used as the basis of administration. 22nd regulatory documents shall be clear execution dates should generally be implemented since the release date of 30th.
But to protect national security, public interest requires or release immediately after the execution could affect laws, regulations, policies, regulations and superior execution, can be implemented from the date of publication.
Article 23rd regulatory documents shall be from the date of publication in the 15th, Jilin province, in accordance with the provisions of the monitoring regulations normative documents for record. Article 24th after the implementation of normative documents, the enacting body shall assess the implementation of, and in accordance with economic and social development need to be cleared up.
Jilin province, work in accordance with the regulatory provisions of the normative document cleanup methods. 25th article normative file developed organ violation this approach provides, led released of normative file beyond statutory permission, violation legal, and regulations, and regulations provides or file of content not appropriate of, by has jurisdiction right of government legal sector ordered developed organ deadline itself corrected, again released; late not corrected or refused to corrected of, by has jurisdiction right of government legal sector decided revoked, and be announced.
For persons who are directly in charge and the other persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
26th normative documents by the enacting body is responsible for the interpretation. 27th article this way come into force on May 1, 2013.