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Changsha City Government Legal System Work

Original Language Title: 长沙市政府法制工作规定

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Rule of law in the municipality of Sshasha

(Summit No. 120 of the Order of the Presidential Government of 25 November 2012 No. 120 of 1 January 2013)

Chapter I General

Article 1, in order to regulate the rule of law of the Government, promote the administration of the law and strengthen the construction of the Rule of Law Government, develop this provision in line with the relevant laws, regulations and regulations.

Article 2

Article 3. The rule of law of the Government should serve the building of the rule of law government, uphold the principles of the harmonization of the rule of law, procedural norms, accountability and guarantee legitimate administration.

Article IV. Governments of municipalities, districts and territories (markets) should strengthen the Government's leadership in the rule of law and increase coordination and security of the Government's rule of law.

The authorities of the Government of the city are responsible for organizing the implementation of this provision, which is responsible for the specific implementation of the Government's rule of law in the zone.

The communes, districts (communes), the people's work sector, the communes and the streets' offices should work in accordance with this provision on the Government's rule of law.

Article 5

The main elements of the rule of law of the Government are:

(i) Legal review of major administrative decisions and legal advice;

(ii) To regulate, monitor administrative law enforcement and correct violations or inappropriate administrative law enforcement;

(iii) Organizing governmental legislative work;

(iv) Integrated planning, coordination, promotion and guidance for the advancement of the legal administration;

(v) Other Government legal matters.

Chapter II Government rule of law mechanisms

Article 7. The executive body should establish a mechanism of responsibility for the rule of law of the Government, which should generally be governed by the principal head of the Government's rule of law, with clear responsibilities and responsibilities to implement the Government's rule of law.

The rule of law institutions of the executive branch are specifically responsible for the Government's legislative, normative documentation management, administrative enforcement oversight, administrative review and administration v., government contract management.

Article 8. The executive body should establish an administrative legal review mechanism to ensure that decision-making is in compliance with legal, regulatory and regulatory provisions.

The development of normative documents, the signing of government contracts and the implementation of major administrative measures should be preceded by legal review by the rule of law institutions. The rule of law bodies, inter alia, conduct a review of the subjects, competence, content, procedures and formats.

Article 9. The executive organs should establish mechanisms for the public's participation, listen widely to public views on matters of great interest in the rule of law of the Government, including through hearings, colloquiums, solicitation meetings.

The executive organs should establish sound expert advice, argument mechanisms that could invite or entrust experts, organizations with advice, arguments, to questions of great, doubt, professional nature in the administration of justice.

Article 10 Governments of municipalities, districts (markets) should establish mechanisms for the review of the Government's rule of law.

The State's rule of law institutions should regularly report to the Government of the people at this level on achievements, problems and responses in the administration of justice. The Government of the city, district (market) can review the relevant aspects of the Government's rule of law through an analytical review and the publication of Government rule of law-building reports.

Article 11. The Government of the city, the district (market) should establish a mechanism for the sound administration of justice, in accordance with the law, to conduct a comprehensive appraisal of the work of the people at the local level and of the people's government at this level. The results of the legal administrative evaluation should be incorporated into the performance appraisal system at the present level and will be an important element of the leadership course and the leadership's integrated evaluation.

The authorities of the municipalities, districts and territories (markets) are specifically responsible for the organization of the executive review under the law, the purpose, content, modalities, standards, etc., based on the requirements of the Department of State, the Government of the province and the priorities for the annual work of the executive branch, and the main objectives of the work.

Chapter III Government legislative work

Article 12. The Government of the People's Government, the district and district (community) is of the view that local legislation, government regulations are needed and should be submitted to the commune. When a request is made, the following materials should be delivered to the Government's rule of law institutions:

(i) Local legislation, government regulations and recommendations;

(ii) The need for local legislation, government regulations, and, where necessary, cost-benefit analysis reports;

(iii) The main issues to be addressed and the main systems to be established;

(iv) Pre-project studies;

(v) Other related materials.

The State's rule of law institutions can make legislative recommendations for the wide collection of citizens, legal persons or other organizations in the form of newspapers, networks.

Article 13 is responsible for a review by the State's rule of law institutions. In reviewing local legislation, the views of the Council of Rule of Law and the relevant specialized committees should be heard. After a review, the communes' rule of law institutions have developed annual legislative plans to report on the implementation of the Government's approval.

The annual legislative plan should identify legislative and legislative project drafting units. Annual legislative projects are divided into:

(i) Draft local legislation project submitted for consideration by the Standing Committee of the Municipalities and regulations considered by the Standing Committee of the People's Government;

(ii) Drafting units complete the drafting of draft local legislation and regulations projects;

(iii) A project on local legislation and regulations for legislative research.

Following the legislative plan, the drafting cell should develop a legislative work programme to report on the implementation of the Government's rule of law institutions.

The legislative project set out in article 13, paragraph 2 (i), should be completed by the drafting cell in accordance with the legislative programme of work, with the adoption of a collective discussion by the Drafting Unit's heads and the preparation of a report on the rule of law of the Government. Without the completion of the drafting process as required, the drafting cell should provide a written statement to the authorities of the city's Government, which should report in writing to the Government.

The legislative project set out in article 13, paragraph 2 (b), subparagraph (iii), shall be communicated by the drafting cell to the Government's rule of law institutions by the end of October.

Article 15. Drafting of local legislation, government regulations may invite relevant experts, organizations to participate, or experts, organizations to draft legislation.

Article 16 Draft local legislation and government regulations should be developed at the legislative level. The drafting units should listen to the views of grass-roots organizations and representatives of the people living in the village through field visits, colloquiums, questionnaire surveys.

Article 17

(i) The economic and social development of the city at large;

(ii) A significant impact on the public interest of the general population;

(iii) There are significant differences of opinion;

(iv) Other needs to be heard widely.

The units that organize legislative hearings should be determined by persons participating in legislative hearings in accordance with the principles of broad and representativeness.

Article 18

The Government's rule-of-law institutions review the finding of a draft local legislation, the Government's rules of procedure, which are one of the following cases, may be suspended or returned to the drafting units:

(i) Major content, the existence of significant legislative deficiencies and the need for a comprehensive adjustment and modification;

(ii) The main content of the draft local legislation, government regulations and issuances is disputed and the drafting unit has not been consulted with the relevant units;

(iii) Other cases provided for by law, regulations and regulations.

Article 19 states that the State's rule of law institutions should organize regular legislative post-assessments on the main elements of government regulations, legislative technology, implementation effectiveness.

The units responsible for the implementation of the regulations of the Government shall be sent within thirty days of the implementation of the regulations of the Ministry, including the development of the accompanying measures, the effectiveness of the measures, the problems in their implementation and the recommendations for improvement to the State's rule of law institutions.

Chapter IV Normative document management

Article 20

Article 21, the drafting body of normative documents of the Government shall be drafted in accordance with the law and form a governmental institution for the delivery of the draft articles. The following material should be submitted at the time of delivery:

(i) The text of the summary;

(ii) Drafting notes. The drafting note should provide clarifications on the need and feasibility of developing the normative document, the relevant basis, drafting history, main content, and the adoption of views;

(iii) Relevant material for consultation;

(iv) Review of the legislative body of the drafting body;

(v) Other relevant materials.

Article 2 The material has been backed up, regulated and there is a need for the development of this normative document, which is submitted by the Government's office to the head of the Government of the current level of the people, with the consent of the Government's rule of law bodies to carry out a review of legality.

The delivery of the materials is not in accordance with article 21, and the governmental institutions may request the drafting units to be supplemented or returned.

Article 23 of the Government's rule of law bodies are responsible for the review of the legitimacy of the Government's normative documents and should have a report of legitimacy within ten working days. The controversy is more controversial or complex and, with the approval of the Head of State Rule of Law, it may extend ten working days.

The process of delivery is incompatible with article 21, article 22, and the Government's rule of law institutions can return.

Article 24 Norms in the sector should be subject to the necessary review by the departmental correctional body, which is subject to a review of legality by the sectoral rule of law bodies, and the specific review process is carried out in accordance with articles 22 and 23 of this provision.

Article 25 Normative documents are registered, uniformed and published by the Government of the people at this level.

Following the signing of the normative document, the establishment of a unitary office to deliver uniform registrations, uniformity numbers to the rule of law institutions of the Government of the people at this level.

Unregistered registration, uniform numbers and uniformed normative documents are null and void and cannot be used as a basis for administration.

In accordance with the relevant provisions, the normative documents developed by the People's Government, the People's Government of the town and vertical management should be submitted to the superior authorities, the official text of normative documents, the preparation of a note and the report of the review of the legitimacy of their institutions.

The Governments of the urban, district and town communities should report on the normative document developed in the previous year in January each year on the Government's rule of law.

Article 27 states that citizens, legal persons or other organizations believe that normative documents are in conflict with the law and may apply for a review of the legality of normative documents. In applying for review, the text of the normative document for the review should be made available and specific requests and justifications.

The rule of law bodies that receive review requests should be treated in accordance with the relevant provisions of the city's Government and will inform the applicant in writing of the results.

Article 28 Governments of municipalities, districts and territories (markets) should establish a baseline of normative documents to manage the effectiveness of normative documents.

The drafting body of normative documents should be in a timely manner of the effectiveness of the normative documents drafted by this unit, and the need for modification, declaration of invalidity, repeal or republishment, and should provide the development units with the relevant provisions and the establishment of units should be addressed in a timely manner.

The revision of normative documents is carried out in accordance with the provisions established in the normative documents; the re-publishment, declaration of invalidity or the abolition of normative documents; the development of a unit of institutions should re-publish, declare invalid or repeal the delivery of normative documents, send a review of the institution of the rule of law and be made available after the signing of the document to the Government's rule of law institutions.

Chapter V

Article 29, the Government's rule of law bodies are responsible for reviewing the qualifications of the executive law enforcement agencies, setting up a directory of administrative law enforcement units, and making public publication on the Government's portal, the Government's rule of law online after approval.

The executive law enforcement units should make the law enforcement of this unit in a timely manner, and the heads of this unit have collectively reviewed the post-secondary government rule of law institutions.

Article 33 The design of the management body by the Government of the city, the District and the People's Government proposes the establishment, modification, withdrawal of the Government's work sector, the institution of the cause with administrative functions and the programme for the identification of responsibilities, shall be subject to a legal review by the State's rule of law institutions.

Programmes for the development of the functions of this sector and its institutions should be reviewed by law institutions in this sector.

Article 31 provides guidance, coordination and review of the administrative law enforcement system reform programme with the responsibility of the State's rule of law institutions that are relatively focused on administrative penalties, relative concentration of administrative licensors.

In order to exercise law enforcement with a relatively centralized executive sanction and a relatively centralized administrative licence unit, the authorities of the municipalities, districts (markets) should strengthen guidance, coordination and oversight.

Article 32, the Government of the people of the city, the district (community) is governed by a directory of the tier administrative licence project, which is regularly cleared with the subject and implementation of the current level of administrative licence, and will release, adjust and retain the directory of administrative licence projects to society.

The clean-up of the municipal administrative licence project is carried out by the authorities of the Government of the municipality and the inspectorate.

The law, regulations, the State's decision and the provincial government regulations have been established, cancelled and adjusted for administrative licence matters, and the executive body shall submit a request to the Government's rule of law institutions within 15 days of the date of publication of the administrative licence. The Government's rule of law institutions should adjust the directory of the administrative licence project in a timely manner, following the approval of the Government.

Article 33 imposes a system of eligibility for administrative law enforcement personnel. Administrative law enforcement officials should participate in training of administrative law enforcement officials, and access to administrative law enforcement documents through administrative law enforcement examinations.

The training and administrative law enforcement examinations for administrative law enforcement officers are organized by the State's rule of law institutions in the city, the district (market).

Article 34, administrative law enforcement units should streamline administrative discretion that can quantify and be fine-tuned, develop administrative discretion benchmarks and apply strictly in specific enforcement processes.

Article XV introduces a system of administrative law enforcement.

Administrative law enforcement units should be codified by the selection of demonstration administrative law enforcement cases for the previous year prior to March and sent to the Government's rule of law institutions. The following material should be submitted at the time of delivery:

(i) Texts of cases that have been compiled;

(ii) Administrative law enforcement files;

(iii) Annotations. The compilation should provide clarifications on the typicality of cases, the codification and the consultation process;

(iv) Other relevant materials.

The State's rule of law institutions should review, screen and organize expert opinions, form administrative law enforcement guidance cases and report to the Government of the people.

Article 36 introduces a legal review system for administrative law enforcement. The executive law enforcement units carry out major administrative law enforcement acts and should be subject to a legal review before a decision is taken. No decision shall be taken without review by the rule of law body or review of the non-recognition.

Article 37 (c) Administrative penalties imposed by the Government of the People's Republic of the town, the Government of the People's Republic of the town, the administrative coercive decision shall be reported within thirty days of the date of the decision and the Government's rule of law institutions.

Major administrative penalties, administrative coercive decisions taken by the people's Government in the municipalities, districts (markets) sectors should be reported within thirty days of the date of the decision.

Article 338, the authorities of the Government of the Republic of the People's Rule of Law, through random screenings, conduct a review of the volume of law enforcement units at this level and inform the Government of the people at this level.

The administrative law enforcement units should send the directory of administrative law enforcement cases in accordance with the relevant provisions, as well as administrative law enforcement files drawn by the Government's rule of law bodies, without disclosing the directory of the case and making it impossible to falsify, falsify the file.

The rule of law institutions of the administrative law enforcement units should be reviewed in accordance with the actual law enforcement files of this unit.

The administrative law enforcement review rules are further developed by the authorities of the municipalities.

Article 39 of the Government's rule of law institutions in the municipalities, districts (markets) are governed by law by the administrative law enforcement activities of the administrative law enforcement units, are dealt with by law in cases of administrative penalties, administrative mandatory decision-making, case-by-case enforcement or non-performance of statutory duties, etc.

In the area of law enforcement, which is closely linked to the interests of the people, the authorities of the municipalities, districts (markets) should organize specialized law enforcement oversight.

The rule of law institutions of the Government of the city should, in practice, organize inspections of the implementation of the regulations established in the city.

Article 40 Disputes between administrative law enforcement units and should be resolved in consultation; consultations are inconclusive and can be brought to the coordination of the rule of law institutions of the Government of the people at this level; they cannot be agreed upon after coordination, and the Government's rule of law institutions are invited to take decisions by the Government.

Chapter VI Administrative review and administration v.

Article 40: The following administrative review cases may involve persons with relevant expertise and operational capacity:

(i) The application of the law to questions of doubt;

(ii) The outcome of the case processing may have a significant social impact;

(iii) Guidance for administrative law enforcement;

(iv) Other suspected, complex and significant cases.

Article 42 establishes a system of sound administrative review hearings. In major, complex cases, the applicant's request or the administrative review body may, if necessary, be heard.

The trial of administrative review cases was followed by a hearing by a member of the administrative review body, which organizes both parties to conduct evidence, debate, and the relevant evidence is validated as a basis for the administrative review.

In the course of administrative review cases, the executive review body, in accordance with the relevant laws, regulations, leads the parties themselves to reconciliation or to enter into conciliation agreements.

The executive review of the Government of the communes, districts and territories (communes) found that the applicant's specific administrative acts were in breach of the law or did not perform the statutory duties, and that the State's rule of law should be informed by the end of December of each year.

In the course of administrative review cases, the rule of law institutions of the Government may make recommendations for improvement to the relevant organs. The relevant organs should receive written feedback to the Government's rule of law bodies within thirty days of the date of receipt of written recommendations.

Article 46 establishes an executive head to appear before the court. In one of the following cases of administrative proceedings for the accused, the authorities should appear before the Court:

(i) Significant social impacts;

(ii) The universal direction of the exercise of its functions and the enforcement process;

(iii) Other requirements for the appearance of executive heads.

There are more than five administrative litigation cases in the commune, district (commune) people's work sector within one year, and executive heads should not be heard less than once.

Article 47 has administrative proceedings in one of the following cases, and the relevant Government's work sector should be reported to the current Government's rule of law body within fifteen days of the receipt of the judgement, the decision:

(i) Removation or modification of specific administrative acts;

(ii) To recognize that specific administrative acts are unlawful or null and void;

(iii) To impose a statutory responsibility;

(iv) In administrative proceedings, the plaintiff applied for the dismissal of the complaint because of changes in specific administrative acts.

Chapter VII Government contract management

Article 48 Eighteen municipalities, districts and territories (markets) government administration of government contracts at this level, the establishment of a sound management system and the normative review process.

The Government contract referred to in this provision refers to agreements concluded by the executive branch and its management units as parties with respect to the use of financial funds and natural resources and the use of public resources, including the following types:

(i) Excise, transfer, rent and contract for the use of natural resources such as national land, beaching, water, forests, deserts, mines;

(ii) Investments, construction, contracting, conservation, rental and sale of assets in countries such as urban infrastructure;

(iii) Administrative collection, requisitioning contracts;

(iv) Concession contracts for urban utilities;

(v) Applicants, cooperation contracts;

(vi) borrowing, financing contracts;

(vii) Government procurement contracts;

(viii) Other government contracts.

Article 49 Government contracts should be reviewed by law. The Government contract shall not be signed without a legal review as provided.

The Government's contract law review is the responsibility of the signing body of the rule of law and gives written legal review. The signing units should ensure that the rule of law institutions have sufficient time for legal review.

The Government contract signed by a party by the commune, district (market) units administered by the People's Government Department is governed by the law review by the rule of law in the management of the unit.

Article 50 provides for a government contract signed by the Government of the People's Republic (Central) as a party, with the approval of the Government's rule of law body responsible for drafting, after the signing of the observations by the main holder of the drafting cell, which is reported to be legally reviewed by the Government's rule of law institutions.

Article 50 of the Government of the People's Government, which is a party to the municipality, has one of the following cases, undertakes a legal review in accordance with the provisions of article 49, paragraphs 2, 3 and 3 of the present article, and, with the signing of the opinion of the principal holder, shall also be submitted to the Government's rule of law bodies:

(i) Major and complex government contracts, which are determined by the approval of the Government of the State of the Law of the People at the municipal, district and sub-urban levels;

(ii) The contract authorized by the Government of the city, the district (market).

Article 52, the model text of government contracts used by the Government's work sector, should be reviewed by the State's rule of law institutions without review.

The use of the model text already reviewed to enter into government contracts and to amend the main provisions could no longer be reported on the review of the rule of law institutions.

Article 53, the rule of law body responsible for legal review, may participate in consultations and drafting of government contracts. Government contracts need to be signed through legal procedures such as tendering, auctions, walls, or signing units shall be submitted to the relevant legal body responsible for legal review before solicitation, auctions and walls.

Article 54 of the Government's rule of law, in the course of the Government's contract legal review, requires the drafting units, the signing units to supplement, clarify or require the relevant units to assist the review, and the drafting units, signing units and related units should be synchronized.

The Drafting Unit or the signing unit shall modify the draft Government contract in accordance with the legal review. There was no objection to the legal review and should be communicated on a timely basis.

Article 56 establishes a Government contract review registration system. Government contracts reviewed by the Government's rule of law institutions should be sent by the drafting cell to the Government's contractual text to be signed by the Government's rule of law body, the preparation of the review registration number and the registration of registration numbers in the Government contract text.

Other government contracts outside the previous paragraph are reviewed by the authorities of the communes, districts (markets) in the people's work sector.

Article 57, subject to a Government contract reviewed by the Government's rule of law institutions, shall send the official text of the Government contract to the Government's rule of law institutions within five working days of the Government contract.

Other government contracts that are outside the previous paragraph should be presented to the Government's rule of law by the Government's work sector in the city, the district and district (market) in January.

Article 588 Government contracts, material and information obtained during the implementation process, and the signing units should clarify the timely filing of files by specialized agencies or agents.

Following the signing of Article 59 Government contracts, there is a need to supplement or change government contracts, and the relevant units should be implemented in accordance with the Government contract review process set out in this chapter.

The units responsible for government contracts should take reasonable measures in a timely manner to deal with disputes arising or may arise during the implementation of the Government contract. Government contracts reviewed by the Government's rule of law bodies may take place or may have major disputes during their implementation, and units responsible for government contracts should report to the Government of the people at this level.

Rule of law of the Government

Article 61. The executive body should strengthen the culture of the rule of law by organizing a collective law leading to the Ministry, training in the rule of law, the promotion of the rule of law, the substantive and theoretical study of the rule of law.

Article 62, the Government of the city, the district (market) should strengthen the Government's institutions of the rule of law to ensure that the institutional specifications, staffing and staffing are adapted to its mandate.

The Government's work sector should be strengthened by the establishment of this unit's rule of law body, in accordance with the actual establishment of the rule of law institutions or with dedicated rule of law staff.

Article 63 staff working in the rule of law operations of the executive branch shall have higher education and legal qualifications.

The establishment of a system of regular communication among rule-of-law staff to increase the development, use and exchange of rule-of-law staff, with emphasis on the promotion of excellence in the rule of law staff.

Article 63 quater, the Government of the people of the city, the district (market) should step up its input into the Government's rule of law and guarantee the normal functioning of the Government's rule of law. The requirements for the Government's rule of law should be included in the same fiscal budget.

The Government's work sector should guarantee the necessary funding for its rule of law institutions to carry out the Government's rule of law.

Article 65 entrusts organizations with specialized governmental rule of law, including through competitive negotiations, in the work of government legislation, normative documentation review, government contract review, government doctrine studies.

Article 46 establishes a pool of experts on the rule of law of the Government. The rule of law institutions of the Government of the city should strengthen the management and application of the Government's expert pool and fully play the role of experts in the administration of justice.

Article 67 allows the executive branch to hire legal advisers in accordance with the realities of the rule of law in the region, the Government of this unit, whose rule of law bodies are specifically responsible for the management of the work of the legal advisers.

The employment of legal advisers by the people's work sector in the municipalities, districts (markets) should be reported in a timely manner by the Government's rule of law institutions.

The Government of the people of the city, district and district (market) should be given incentives for units and individuals that make significant achievements in the administration of justice.

Chapter IX Accountability

Article 69 contains one of the following cases in which the executive body has been responsible for the relapse of the period of time, which is not later rectified and criticized:

(i) In violation of article 14 of the present article, the drafting units of the legislative project do not have a legislative programme or do not carry out legislative work in accordance with the legislative programme of work;

(ii) In violation of article 28, paragraph 2, of the present article, that normative documents are not revised in a timely manner, declared invalidity, repealed or republished;

(iii) In violation of article 36 of the present article, the enforcement of major administrative law enforcement is not subject to review by the rule of law body or review of the non-recognition;

(iv) In violation of article 46 of the present article, the executive head shall not appear before the court;

(v) In violation of article 47 of the present article, the judgement was not submitted and the judgement was submitted to the Government's rule of law institutions;

(vi) In violation of article 49, article 50 and article 51 of the present article, the contracting Government contracts are not subject to a legal review;

(vii) In violation of article 52 of this provision, the use of the model text of the Government contract that has not been reviewed;

(viii) In violation of article 56 of the present article, article 57, the Government contract does not provide for registration and filing.

The time limit for the work of the Government of the city, the district (community) was changed and criticized, and was decided by the State's rule of law institutions. The Government of the People's Government, the commune, the Government of the People's Republic of the town, the closure of the street office, criticisms were given, and decisions were taken by the Government of the people at the highest level or by the Government of the People's Government.

In violation of the provisions of this provision relating to government contract management, the units administered by the executive branch are criticized by an institution responsible for the administration of justice at the same level of the same people, which is later uncorrected.

Article 76 Staff of the executive branch violates this provision and is subject to administrative or administrative disposition by the competent organ.

Chapter X

Article 76 does not establish a rule of law body by the executive branch, which is mandated by the rule of law body to be performed by the full-time rule of law staff.

Article 72, the organization mandated by law, legislation and regulations carries out the Government's rule of law and apply the provisions of this provision relating to the Government's work sector.

Article 73 provides for implementation effective 1 January 2013.