Changchun normative document supervision
(May 16, 2012 Changchun Municipal People's Government at the 50th Executive meeting on May 25, 2012, Changchun Municipal People's Government, the 34th release come into force on July 1, 2012) first to strengthen the supervision and management of regulatory documents, maintain the uniformity of the legal system and Government decrees to promote administration according to law, under the People's Republic of China Law of legislation and the regulatory provisions of the normative document methods of supervision in Jilin province, combined with the city's actual, these measures are formulated.
Second approach applies to municipal and County (City) district people's Government and its subordinate departments, Township (town) people's Government and the supervision and management of the development zone management Committee of normative documents.
Third article this approach by said of normative file, is refers to except city government regulations, and notices outside, city, and County (City) district people Government and belongs work sector, and Xiang (town) Government and zone management Committee (following collectively developed organ) in accordance with statutory terms and program developed of, involved citizens, and corporate or other organization of right obligations, in validity within can repeatedly applies, and has general binding of file. Regulatory documents are divided into normative documents and normative documents of departments of the Government.
Government regulatory documents refers to the city and County (City) District and township (town) people's Government and the development zone management Committee of normative documents sector normative documents refer to city and County (City) district people's Government departments to formulate normative documents.
Internal work, technical procedures and personnel development documents, finance, Foreign Affairs and other matters, these procedures do not apply.
Fourth municipal Legislative Affairs Department is in charge of the municipal people's Government departments, County (City) district people's Government and the development zone management committee supervise development of normative documents.
The County (City) area Legislative Affairs Department is responsible for the work of the Government-owned sector and supervise regulatory documents developed by the people's Governments of villages and towns.
City, County (City) Department work the district people's Government legal agencies are responsible for the specific work, normative documents of the system monitor.
Article fifth the following institutions shall make no normative documents: (a) the provisional institutions;
(B) rules of procedure of the coordination body;
(C) the organs of the Executive;
(Iv) commissioned by the administration of law enforcement agencies;
(E) Agency of the municipal people's Government Department;
(Vi) other bodies shall make no normative documents according to law.
Article sixth of normative documents, not to create the following:
(A) the administrative licensing items;
(B) matters of administrative penalties;
(C) the compulsory administrative measures;
(D) matters of administrative charges;
(E) matters shall be determined by law, regulations or rules;
(Vi) matters should be determined by a higher administrative authority;
(VII) other laws, regulations, rules and regulations may not be set by the normative documents. Seventh government regulatory documents can be specified by the Government departments concerned are responsible for drafting departmental normative documents about internal institutions can be specified by the Department responsible for drafting.
When needed, may engage experts or organizations responsible for drafting.
Eighth draft normative documents, the enacting body shall study the feasibility and necessity of development of normative documents and normative documents to solve the problem, the establishment of the main system and measures for energy conservation research and justification; development of citizens, legal persons or other organizations have a direct impact on the rights and obligations of the regulatory documents, should be open to the public for comment.
After Nineth government regulatory documents finalized drafting departments shall, in accordance with the relevant provisions of the measures, normative documents, as well as related materials the Government legal departments in legality review, after they have been examined and approved, shall be submitted to the people's Governments at the corresponding level.
Tenth Government submit draft normative documents, shall be submitted to the Government legal departments to provide the same level of the following materials:
(A) submitting reports;
(B) draft normative documents and description;
(C) draft normative documents on the basis of relevant laws, rules, regulations and national policies, as well as published by higher administrative authorities of normative documents;
(D) coordinate with related departments;
(E) the normative documents of feasibility, appropriateness of related materials;
(F) other relevant material.
Upon completion of 11th sector normative documents drafted and reviewed by the legal legitimacy of the enacting body.
12th government law sector, Department legal legality examination include the following:
(A) whether it is a statutory authority of the enacting body;
(B) violation of the provisions of the laws, regulations and rules;
(C) compliance with national, provincial and municipal policies;
(D) conflicts with other normative documents;
(E) whether there is a violation of this article sixth, seventh and eighth cases provided for in article;
(F) involving other departments, are sought and correctly dealt with the views of other departments;
(VII) other contents need to be reviewed.
13th government legal departments to draft normative documents of legitimacy of the Government in the review process, and the need to supplement or explain, drafting Department shall timely provide related material or make notes.
14th the Government Legal Department after receiving the Government draft normative documents, shall complete the examination within seven working days, and make written recommendations or opinions.
15th draft normative documents, one of the following circumstances, government legal departments, departments, agencies can contribute to the drafting of the legal system sector or the enacting body to amend, correct or not to develop recommendations:
(A) the main violations of the relevant laws, rules and regulations as well as relevant provisions of the State; (ii) involving the establishment of an administrative license, the administrative punishment and administrative compulsory, administrative fees or illegal for citizens, legal persons and other organizations to limit the rights and obligations;
(C) beyond the statutory authority;
(D) any other need to be modified, corrected or not making.
16th Government the drafting of normative documents departments of the legitimacy of the Government legal departments review recommended or there are dissenting opinions, can be coordinated with the censors, did not agree and submit them to the level of Government resolve.
Article 17th implementation of normative documents register, the unified numbering system. After consideration by the Government, the Government regulatory documents for unified registration number; sectoral normative documents of legality by the enacting body reviewing, brainstorming, led sign, sent the Government legal departments to register, the corresponding level number.
Without a unified registration, number of normative acts shall not be used as the basis of administration.
Found government legal departments needs a unified registration, number of normative acts of impropriety, shall not be registered, numbered. Article 18th regulatory documents shall be released to the community.
Was not announced to the public, shall not be used as the basis of administration.
Normative documents by the level of Government Gazette (political news), government portal site or within the administrative area of press, media reported.
Article 19th regulatory documents shall, within ten working days of the publication, submitted to the relevant authorities for the record in accordance with the following provisions:
(A) the normative documents reported to the Government at the Legal Department of the Government for the record;
(B) sectoral normative documents reported that the level of Government Legal Department.
20th when normative documents for the record, should provide the following materials:
(A) filing reports;
(B) preparation of notes;
(C) the official text file 5;
(D) the electronic version 1;
(E) the publication correlation proof material.
Normative documents for the record review 21st issue, in accordance with the following provisions:
(A) the normative documents of ultra vires and contravenes the provisions of the law, or of violation of legal procedures, the Government ordered the enacting body to correct itself within the legal sector, and republished; fails to correct or refuse to correct, by the Government legal departments decided to withdraw, and to the public.
(B) normative documents not published in the prescribed manner, and confirmed by the Government legal departments is not valid.
(C) normative with host law provides basic repeating the contents of the file, not necessary, government departments can develop his abolition of the legal system.
(Iv) normative documents on the technical problems, government legal departments can contribute to the development of organs dealing with comments by the enacting body to deal with.
Article 22nd organ shall, upon receiving the Government legal departments within five working days from the date of the decision correct itself, the results in writing and submitted to the Government Legal Department.
Enacting body said government legal departments to deal with the decision illegal, inappropriate, and may, within five working days of receiving the decision, higher government legal departments to apply for a review.
Article 23rd normative documents should provide valid, not specified, is valid for five years, marked "provisional", "trial", the words "which is valid for two years.
Article 24th six months before the expiry of the current normative documents developed organ deems it necessary to continue to implement, its implementation should be assessed and published under assessment in accordance with legal procedures. Normative documents with two or more implementation of sector, carried out by the main Department for evaluation.
Main implementation of departmental assessment should also seek the views of other departments. 25th established normative document check system.
City, County (City) district people's Government legal departments shall, in the first quarter of each year on Government-owned sector, on the lower levels of Government normative documents and check the record of the year, or according to the actual situation to be checked. Article 26th regular cleaning regime established normative documents, normative documents of the enacting body shall be published once every three years.
Enacting body does not comply with the laws, regulations, rules or conflicting, missing according to normative documents as well as adapt to the requirements of economic and social development, should be amended or repealed.
Normative document clearance and the enacting body shall be announced to the public continue to be valid, revocation and invalidation of the regulatory documents.
Directory of regulatory documents not included in continue to be valid and shall not be used as the basis of administration.
27th article violates these rules, any of the following acts, by the Government Legal Department ordered corrective action and give notice of criticism:
(A) without a unified registration, number sector normative documents published;
(B) does not submit or not to submit regulatory documents filed on time;
(C) the Department of Legal Affairs of the Government implementation of normative documents and record checks, do not provide relevant information, concealing the facts, refused to cooperate;
(D) Government legal departments to review a decision refusing to perform or delay the performance of, and not to apply for a review.
Violation of these rules, a significant social impact, directly by the relevant organs for the enacting body in charge and responsible duties.
28th government legal departments and their staff were not serious in fulfilling its oversight responsibilities, negligence, by the level of Government or the competent authority to hold charge and direct responsibility of those responsible. 29th these measures come into force on July 1, 2012.