Regulations Of Xiamen After The Legislative Assessment Methodology

Original Language Title: 厦门市规章立法后评估办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201111/20111100353002.shtml

Regulations of Xiamen after the legislative assessment methodology

    (March 31, 2011, Xiamen City people's Government, the 126th Executive meeting April 12, 2011 Xiamen City people's Government, the 144th announced as of June 1, 2011) Chapter I General provisions

    First to standardize the assessment of the regulatory legislation, reflect the effect of regulations, and improve the quality of legislation, in accordance with the relevant provisions of laws and regulations, combined with the city's actual, these measures are formulated.

    Second legislative regulations in these measures evaluation (hereinafter referred to as law), after refers to the regulations established by the municipal people's Government, in accordance with its legislative intent, combined with economic and social development, on its legislation, legislation, implementing performance survey and evaluation, and assessment activities.

    Article assessment should follow the legislation legitimate, reasonable, fair and open principles.

Assessment of the fourth municipal people's Governments shall strengthen legislation, for the assessment of the legislation provides the necessary guarantees.

    Legal Department is responsible for the assessment of the legislative organization, guidance and coordination.

Article fifth administrative departments responsible for implementing regulations is assessed after the legislative bodies (hereinafter referred to as evaluate organ); organ is not clear, determined by the legal department.

    Legal sector considers it necessary to determine their own administrative departments responsible for implementing regulations or specified unit other than as evaluate organ.

Sixth evaluation organ needed may authorize institutions of higher learning, social evaluation organizations, industry associations, and other relevant entities to some or all of the matters of assessment after legislation.

    Entrusted with the evaluation unit should have the legislative assessment of the appropriate conditions.

    Chapter II assessment and planning

Article meets one of the following regulations, legislation should be conducted to assess:

(A) implementation of five years;

(B) the proposed rise as local regulations;

(C) the proposed major revisions;

(D) put forward more opinions of citizens, legal persons or other organizations;

(E) municipal people's Government or any other authorities consider it necessary to assess.

    By the upper law changes or there are special circumstances rules need to be modified accordingly, can the absence of assessment after legislation.

Eighth administrative departments responsible for implementing regulations should be declared to the Legal Department prior to October 31 of each year the sector assessment project for next year.

    Legal departments in accordance with actual needs assessment project.

Nineth after Declaration of the legal sector assessment project summary, in accordance with these measures prepare an annual evaluation plan, submitted to the municipal people's Government for approval before implementation.

    The items included in the annual evaluation plan, annual municipal people's Government legislative projects, prepared by the legal department budget, appropriated by the Municipal Finance Department in accordance with the regulations.

    Chapter III content and standards

Article tenth assessment organ should be assessed according to the legislation plan, legislative techniques, legislation regulations, implementation of performance an overall assessment of the situation, or according to the evaluation purpose as part of the assessment.

    Assessing organ regulations should be directly involved citizens, legal persons or other organizations vital interests focus assessment.

After the 11th legislative assessment based primarily on the following criteria:

(A) the standard of legitimacy, namely whether the regulations consistent with the laws, regulations and other upper law;

(B) the reasonableness standard, namely regulations, compliance with the principles of fairness, impartiality, whether it is necessary and appropriate, set the terms of reference and responsibilities are unified;

(C) the scientific standard, namely whether the regulations with the appropriate forward-looking and reflected in law, fit within the times, are in accordance with the will of the people, solve practical problems;

(D) the coordination of standards, that is, regulation is coordinated between the various systems, with the same hierarchy rules, or whether there is a conflict, related system adequacy;

(E) the normative standards, rules and legislative norms of the technology, whether to the correct and effective implementation of regulations;

(F) operational standard, namely whether the regulatory definition of clear, specific and feasible of the system and its procedures;

    (VII) the effectiveness of standards, namely universal adherence to and implementation of the regulations, whether it has achieved its intended purpose.

    The fourth chapter evaluation procedures and methods

    After 12th legislative evaluation including the preparation phase, implementation phase and the evaluation reports formative stage.

After 13th legislative assessment preparation phase is carried out the following work:

(A) setting up assessment panel;

(B) formulate assessment programme, which should include an outline evaluation, investigation, etc;

(C) other preparations. Assessing organ commissioned by universities, social assessment agencies, industry associations and other relevant units of assessment after legislation shall be made to the legal authorities.

    Entrusted with the evaluation units of assessment after legislation which the evaluation programme should be approved by the delegate authority.

Main article 14th evaluation after the implementation phase as follows:

(A) to collect information before and after the implementation of the regulations, summed up basic information;

    (B) to analyze the collected information, and come to the preliminary conclusion.

Article 15th formation evaluation report after phase is 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.

Article 16th post shall use the following methods:

(A) through the news media, portals open to public opinion;

(B) visits to administrative law enforcement, the judiciary, private parties and seek their views in writing;

(C) convening seminars, expert.

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

(A) the questionnaires;

(B) field missions;

(C) special investigation;

(D) case studies;

(E) comparative analysis of the relevant legislation;

(F) cost-benefit analysis;

    (VII) other methods.

Article 17th assessment should the legislation protects citizens, legal persons and other organizations the right to participate.

Assess the implementation authority shall in its Web portal which contains regulations full text and related matters and other information, to listen to public views.

    Citizens, legal persons and other organizations can be oral, written or e-mail or any other means, to assess the implementation of suggestions and recommendations.

    After 18th legislative assessment of units and their staff, legislation should be involved in the assessment of State secrets, business secrets and personal privacy be kept confidential.

    Chapter fifth assessment report and effectiveness 19th assessing organ should be submitted at the annual evaluation plan within the time limit fixed by the assessment report.

Assessment report should include the following:

(A) the assessment of basic conditions of work;

(B) the assessment content analysis;

(C) evaluation findings and recommendations;

    (D) other issues of note. Article 20th assessed the assessment made by the authority should report to the municipal people's Government and legal departments are responsible for the evaluation report for review.

The audit found that, in assessing the content, procedures, assessment methods, there is a big problem, evaluated by the legal sector returned to reorganize.

    The recommendations of the evaluation report requires further decisions of the municipal people's Government, approved by the legal department submitted to the municipal people's Government. 21st audited assessment reports should be prepared as legislative work plan, modify, repeal regulations and an important basis for improving the work of administrative law enforcement.

Related departments on assessment system and improving the administrative law enforcement of the recommendations should be implemented, and feedback to the legal department.

    Formation of relevant recommendations of the evaluation report by the municipal people's Government decision, relevant departments should implement, and report to the municipal people's Government on the implementation.

    22nd assessments involve State secrets, business secrets and personal privacy of the content, shall disclose.

    Sixth chapter assessing supervision and responsibility

    23rd legislative assessment of the scope of assessment should be included in performance evaluation.

Article 24th Administrative Department in charge or relevant departments responsible for implementing regulations, 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) does not comply with the requirements to declare assessment 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.

    After 25th legislative assessment of units and their staff, leaking State secrets, business secrets or personal privacy, disciplined in accordance with relevant laws, regulations, rules or punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws

    26th issued before the implementation of these measures and effective regulations, should be included in the annual evaluation plan in phases, and implement according to plan.

    27th the City Executive of assessment after the development of normative documents, reference to the relevant provisions in these procedures. 28th article of the rules take effect on June 1, 2011.