Suzhou Regulations Legislative Evaluation Methods

Original Language Title: 苏州市规章立法后评估办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369162.shtml

Suzhou regulations legislative evaluation methods

    (December 23, 2011 the Suzhou municipal government, the 92nd meeting consideration by December 27, 2011 the Suzhou municipal government to 124th announced since March 1, 2012) first in order to standardize the assessment of the regulatory legislation, improving legislation, promoting economic and social development, in accordance with the relevant provisions, combined with the city's actual, these measures are formulated.

Second municipal regulations (hereinafter the regulations) legislative assessment, these measures shall apply.

    Legislative evaluation of the regulations in these measures refers to regulations after the implementation, in accordance with its legislative intent, in accordance with legal procedures, combined with the economic and social development reality, regulations legislative quality, performance, problems, such as research, analysis, evaluation, and proposed to continue execution, amendment or repeal of the system.

    Regulations in article assessment should follow the legislative objective, the principle of transparency, public participation, results-oriented.

Fourth municipal people's Government on the assessment of the regulatory legislation under unified leadership and regulatory assessment of the legislation provides the necessary guarantees.

    Legal departments are regulatory assessment of the legislative authorities, responsible for regulatory assessment of the legislative organization, coordination, guidance and oversight.

Fifth rule to identify the administrative authority is the regulatory assessment of the legislative organ (hereinafter referred to as evaluate organ) and regulations administrative departments have identified more than two or regulations not specifically administrative departments, coordinated by the Legal Department to determine.

    And regulations related to the people's Government at various levels, departments and other units should be involved in the assessment of the regulatory legislation, and legislation and regulations relating to the assessment of materials and data, and other necessary support.

Sixth Review Authority may, based on need, regulatory assessment matters related to entrusted the legislative institutions, research institutes, industry associations (Chambers of Commerce), social agencies and other units (hereinafter referred to as entrusted with the evaluation unit).

Entrusted with the evaluation units should meet the following conditions:

(A) familiar with the assessment rules are based on the laws, regulations and administrative tasks involved;

(B) has at least three mastering regulatory legislation assessment methods, technical personnel;

(C) the relevant personnel involved in assessment of the legislative regulations can be guaranteed;

    (D) requirements for regulation assessment of the legislation the necessary equipment and facilities.

Seventh rule, one of the following circumstances, should be assessed after the enactment of: (a) is related to economic and social development and involve citizens, legal persons or other organizations benefit regulations implemented for three years, five years ' implementation of other regulations;

(B) the proposed repeal or major change;

(C) proposes to increase as local regulations;

(D) the NPC deputies and CPPCC members have put forward many views and suggestions;

(E) administrative reconsideration and administrative litigation reflected many problems or more observations and recommendations of the public, the news media;

(F) Municipal Government that needs assessment.

    By the upper law changes or there is an emergency need to modify, repeal regulations, can be assessed after the absence of regulatory legislation.

Eighth review authorities each year should be submitted to the Legal Department as and when required regulatory legislation assessment project for next year.

    Legal departments in accordance with actual needs assessment after the proposed regulatory legislation next year.

Nineth regulations legal departments should prepare the following year after the legislative assessment, submitted to the municipal people's Government for approval.

    After the inclusion of regulatory legislation and evaluation plan projects, shall, together with the Legal Department to assess organ prepared budget, allocated in accordance with the provisions of the financial sector.

Evaluation after the implementation of legislative organs shall, in accordance with regulations of the tenth article assessment program to evaluate regulations.

    Assessing organ regulations should be directly involved citizens, legal persons or other organizations vital interests focused on assessment of the content.

After the 11th legislative regulations assessment based primarily on the following criteria: (a) standards of legitimacy, namely regulatory compliance with legislative mandates and legislation, are contrary to the upper law provisions.

(B) the reasonableness standard, namely whether the principles of fairness, impartiality is reflected; whether the management measures may be necessary and appropriate; set whether the violations of legal liability facts, character, plot, and harm.

(C) coordination of standards, the hierarchy of rules and regulations, supporting regulatory documents and national policy if a conflict exists, the ancillary system interface facilities, as required.

(D) operational standards, relevance of the provision system, easy; prescribed measures are efficient and accessible; the procedure is established, simple.

(E) legislation on technical standards, that is, technical specifications, the logical structure is tight, is accurate, does it affect the correct and effective implementation of regulations.

    (F) performance criteria, namely universal adherence to and implementation of the regulations, effective solution to the problems existing in the Administration, is expected to achieve its objectives, economic and social benefits are significantly higher than those achieved after the implementation of regulations development and implementation costs.

    Assessment after the 12th rule legislation including the preparation phase, implementation phase and the evaluation reports formative stage.

13th regulatory assessment prepared the legislative phase is carried out the following work: (A) set up a Panel.

Assessing organ organization dominated by the officers, closely related to the regulations of the people's Governments, departments and other units involved in the assessment of the Panel, specifically in the assessment work. (B) developing assessment programme.

    Assessment scheme include the purposes of evaluation, evaluation methods, assess the steps and timing, funding and organization services.

14th regulations legislative evaluation after the implementation phase is carried out the following work:

(A) issue assessment notices, including the members of the evaluation team, assess the main content of the programme;

(B) to conduct research, collecting assessments and recommendations through various channels;

    (C) assessment and recommendations summary and analysis, and preliminary conclusions.

15th legislative regulations assessment report after forming phases carried out the following work:

(A) the evaluation team to study the preliminary conclusions;

(B) the draft assessment reports;

(C) the organizations relating to expert assessment was carried out;

    (D) a formal evaluation report.

16th assessing organ commissioned to assess, should be entrusted to the legal department.

    Entrusted with the evaluation unit shall, within the terms of reference to assess the implementation of authority on behalf of the independent evaluation, in part or in whole may not be entrusted with the delegate to other entities or individuals.

After the 17th legislative assessment shall use the following methods:

(A) through the news media and the Government website open to public opinion;

(B) interview or written request for administrative enforcement unit, supervisory authorities, private parties and other stakeholders ' views;

(C) through the holding of seminars, hearings, listened to advice from the experts.

Assessing organ according to assessed needs, can also use the following method:

(A) surveys, (ii) site visits;

(C) special investigation;

(D) case studies;

(E) comparative analysis of the legislation;

(F) cost-benefit analysis;

(VII) information retrieval;

    (VIII) other methods.

18th assessing organ should be fully listen to citizens, legal persons or other organizations, collecting, analyzing and evaluating information.

Citizens, legal persons or other organizations may by letter, fax and e-mail after participation in the regulatory legislative assessment.

    Assess the implementation authority shall, by appropriate means feedback public acceptance of the situation.

19th regulations legislative post evaluation shall be completed during the planning period. Regulations legislative post evaluation shall be completed within 6 months of the assessment panel was established and the formation of evaluation reports. 

    Assessment could not be completed in 6 months and shall state the reason, and can be extended with the consent by the Legal Department, but the extension period shall not exceed 3 months.

After the 20th legislative regulations assessment report shall contain the following information:

(A) the basic overview of the assessment work;

(B) Regulations of the legality, rationality and coordination, operational, legislative techniques, and performance analysis and evaluation; (c) the evaluation findings and recommendations;

    (D) other issues of note.

21st assessed the authorities shall submit the assessment report to the legal department. Department of Legal Affairs shall verify the report of the municipal government. After audit findings in the assessment content and evaluation procedure, assessment methods, there is a big problem, and legal departments should propose changes to improve the views and returned to the assessing organ.

Assessing organ shall, in accordance with advice concerning work and to submit an assessment report.

    The conclusions and recommendations of the evaluation report requires further decisions of the municipal people's Government, organized by the legal department study submitted to the municipal people's Government for approval. 22nd upon examination regulations assessment report should be regarded as preparing the legislative plan, an important basis for improved legislative and administrative enforcement.

Regulations need to be modified, repealed, should initiate a government legislative procedure recommended in the implementation regulations, related administrative law enforcement departments or agencies should study, implementation and timely feedback to the legal department.

    Formation of the conclusions and recommendations of the evaluation report by the municipal people's Government decision, related administrative law enforcement departments or agencies should implement, and report to the municipal people's Government on the implementation.

    23rd to participate in assessment of the legislative regulations, personnel involved in the evaluation of State secrets, business secrets and personal privacy should be kept confidential.

    Article 24th involving State secrets, business secrets and personal privacy of content, regulatory assessment report shall disclose.

    25th article assessment of the legislation should be incorporated into the regulations to assess organ of administration according to law the scope of examination.

26th to assess implementation related administrative law enforcement organs, departments or institutions, violations of these rules, any of the following circumstances, drew attention to the municipal people's Government ordered to rectify the legal sector, depending on the attention of the competent authority directly responsible for the personnel and other personnel effectiveness be warned or given administrative sanctions according to law: (a) in accordance with the provisions submitted to the assessment of the project;

(B) not in accordance with the procedure provided for assessment;

(C) does not comply with the requirements to submit an assessment report;

    (D) in accordance with the provisions the implementation of improving the work of administrative law enforcement.

    27th issued before the implementation of these measures and effective regulations, should be included in the evaluation plan in phases, and implement according to plan.

28th normative documents or assessment of the major administrative decisions, can be performed in accordance with the measures.

    Normative documents in accordance with the approach developed in this sector, assessment rules for the implementation of the normative documents in the region. 29th these measures shall come into force on March 1, 2012.