Advanced Search

Suzhou Regulations Legislative Evaluation Methods

Original Language Title: 苏州市规章立法后评估办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Post-community assessment methodology

(Adopted at the 92th ordinary meeting of the People's Government of Sus State on 23 December 2011, No. 124 of the Decree No. 124 of 27 December 2011, issued effective 1 March 2012)

Article 1, in order to regulate post-regulation, improve government legislation and promote economic and social development, and to develop this approach in the light of the relevant provisions.

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

Post-legislative assessments referred to in this approach refer to the system for the continued implementation, modification or repeal of views, in accordance with the legislative purposes of the regulations, in the context of economic and social development, in accordance with the legislative process, in order to investigate, analyse, evaluate and evaluate the legislative quality of the regulations, performance, problems.

Article 3 Post-regulation assessments should be guided by the principles of objectivity and impartiality, openness and transparency, public participation and effectiveness.

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

The municipal rule of law sector is the competent authority for the post-regulation exercise and is responsible for the organization, coordination, guidance and oversight of the post-regulation evaluation.

The executive authority established in regulation 5 is the executive body for post-regulation assessments (hereinafter referred to as an assessment of the executive authority); the administrative authorities identified in the regulations have more than two or no clear administrative authorities, which are coordinated by the municipal authorities' rule of law.

Governments, departments and other units at all levels relevant to the implementation of regulations should be involved in the post-application of legislation and provide material and data related to the post-regulation evaluation and other necessary support.

Article 6 assesses that the executive body may entrust the institution of higher institutions, scientific institutions, industry associations ( chambers of commerce), social intermediaries, as required (hereinafter referred to as commissioned assessment units).

The authorized assessment units shall have the following conditions:

(i) Acquaint with the laws, regulations and administrative matters on which the regulations are based;

(ii) Persons with more than three skilled regulatory methods and technologies;

(iii) The time period for the participation of the relevant personnel in the post-regulation legislation can be assured;

(iv) The necessary equipment and facilities for post-regulation evaluation.

Article 7.

(i) Regulations relating to the full development of economic and social development and to the full benefit of citizens, legal persons or other organizations, which have been implemented for a period of three years, and other regulations have been implemented for a period of five years;

(ii) It is proposed to repeal or make significant changes;

(iii) The proposed increase in local legislation;

(iv) A greater number of views and suggestions were made by a representative of the human person, members of the political group;

(v) Administrative review, administrative proceedings reflect a larger problem or the submission of more observations and recommendations by the public and the media;

(vi) The Government considers it necessary to assess.

The amendments to the previous law or the need for amendments, repealing regulations may not be carried out after the legislative evaluation.

Article 8 assesses that the executive body shall annually submit to the municipal authorities the next year's regulatory post-assessment project, as required.

The municipal rule of law sector may also propose, in accordance with actual needs, the next annual legislative post-assessment project.

Article 9. The municipal rule of law sector should prepare, annually, a post-legislative assessment plan for the next year, to be followed by the approval of the Government.

For projects included in the post-application assessment plan, the municipal rule of law sector should prepare funding budgets with the assessment of the executive branch and report to the city's financial sector in accordance with the regulations.

Article 10 shall assess the regulations in accordance with the regulatory post-assessment plan.

The executive body should conduct a focused assessment of the content of regulations that directly involve civil, legal or other organizations.

Article 11 Post-regulation assessments are based primarily 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 of legislation, i.e. whether legislative technology is regulated, whether the logical structure is tight, whether it is accurate and whether it affects the proper and effective implementation of 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 12 Post-regulation assessments include the stage of preparation, implementation and assessment reports.

Article 13

(i) Establish assessment teams. An assessment of the establishment by the executive body of an assessment team with the participation of people's Governments, departments and other units closely linked to the implementation of the regulations is carried out.

(ii) Develop assessment programmes. The assessment programme includes, inter alia, assessment purposes, evaluation content, assessment methods, assessment steps and timing, funding use and organizational guarantees.

Article 14.

(i) Issue assessment announcements, including the composition of the assessment team and the main elements of the evaluation programme;

(ii) Conduct research and collate assessment and recommendations through a variety of means;

(iii) A summary and analysis of assessment observations and recommendations and a preliminary conclusions.

Article 15

(i) The Panel's findings on preliminary conclusions;

(ii) Drafting assessment reports;

(iii) Organizing expert perceptions of the assessment report;

(iv) Formulate a formal assessment report.

Article 16 assesses the assessment commissioned by the executive body and should be sent to the municipal authorities' rule of law sector.

The delegated assessment cell shall, within the scope of its mandate, carry out an independent assessment in the name of the executive body and shall not transfer parts or all of the trustee services to other units or individuals.

Article 17

(i) Publicization of public opinion through, inter alia, media, government websites;

(ii) Visit or seek in writing the views of relevant administrative law enforcement units, oversight bodies, administrative counterparts or other stakeholders;

(iii) Hearing opinions through the holding of colloquiums, hearings, expert hearings.

An assessment of the implementation authority, based on the assessment needs, may also use the following assessment methods:

(i) The questionnaire survey;

(ii) Field missions;

(iii) Thematic studies;

(iv) Individual analysis;

(v) Comparative legislative analysis;

(vi) Cost-benefit analysis;

(vii) Retrieval of literature;

(viii) Other methods.

Article 18 assesses that the executive body should fully listen to the views of citizens, legal persons or other organizations to collect, analyse and assess relevant information.

Citizens, legal persons or other organizations may participate in the legislative post-application assessment, including correspondence, facsimiles and e-mails.

An assessment of the adoption of public opinions by the implementing agencies should be made appropriate.

The post-regulation assessment shall be completed within the planned year.

Post-regulation assessments should be completed and developed within six months of the establishment of the assessment team. The assessment could not be completed within six months and the reasons should be explained that the extension could be extended after the consent of the municipal authorities' rule of law sector, but the extension period would not exceed three months.

Article 20 Post-regulation assessment reports should contain the following elements:

(i) Basic overview of the assessment process;

(ii) Legal, reasonable, coordinated, operational, legislative and performance analysis and evaluation of regulations;

(iii) Assessment of conclusions and recommendations;

(iv) Other issues requiring clarification.

Article 21 assesses that the executive body should submit an assessment report to the municipal authorities' rule of law.

The municipal rule of law sector should review the assessment reports. The review found that there were significant problems with regard to the assessment of content, the assessment process, the assessment methodology, and that the municipal rule of law sector should propose changes and refund the assessment of implementation agencies. The assessment of the implementation authority should improve the work and submit the assessment reports on the basis of the observations.

The findings and recommendations of the assessment report require further decisions by the Government of the city, with the approval of the Government of the city following studies organized by the rule of law sector.

The regulatory assessment reports reviewed in article 2 should serve as an important basis for the preparation of government legislative plans, the improvement of government legislation and administrative law enforcement. The regulations need to be amended and repealed, and the Government's legislative process should be initiated in due course; the recommendations on the implementation of regulations should be examined by the executive law enforcement authorities or agencies concerned and, in a timely manner, feedback to the municipal authorities on implementation.

The findings and recommendations of the assessment report have been decided by the Government of the city, and the relevant administration of justice or institutions should be implemented and reported to the Government of the city.

Article 23 units involved in post-regulation legislation, persons should be kept confidential with respect to State secrets, commercial secrets and personal privacy involved in the assessment.

Article 24, in addition to the content of State secrets, commercial secrets and personal privacy, shall be publicized by law.

Article 25 Post-regulation assessment shall include the scope of the evaluation of the administrative work of the executive body under the law.

Article 26 assesses the effectiveness of the executive branch, the relevant administrative law enforcement authorities or institutions, in violation of this approach, by one of the following cases, by the municipal authorities' rule of law, in order to bring the time limit to the Government of the city to the attention of the authorities to the effectiveness of the competent and other directly responsible personnel, or to the administrative disposition in accordance with the law:

(i) Not to submit an assessment project in accordance with the provisions;

(ii) No assessment of the procedure provided;

(iii) Not to submit the assessment reports in accordance with the provisions;

(iv) The implementation of improved administrative law enforcement is not consistent with the provisions.

Article 27 provides for effective regulations issued prior to the implementation of this approach, which should be included in the assessment plan and implemented by the planned organization.

Article 28 Post-assessments of normative documents or major administrative decisions may be implemented in the light of this approach.

The subject of normative documentation may assess the application of the rules in accordance with this approach after the formulation of the sectoral and regional normative documents.

Article 29 of this approach is implemented effective 1 March 2012.