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Regulations Of Xiamen After The Legislative Assessment Methodology

Original Language Title: 厦门市规章立法后评估办法

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Post-community assessment methodology

(Adopted at the 126th ordinary meeting of the House of Commons, held on 31 March 2011, by Decree No. 144 of 12 April 2011, by the People's Government Order No. 144 of 12 April 2011)

Chapter I General

Article 1 provides a real reflection of the effectiveness of regulations and the quality of legislation, in line with the provisions of the relevant laws, regulations, etc., and develops this approach in the light of the actual practice of the city.

Article 2 Post-legislative assessment (hereinafter referred to as post-legislative assessments), which means that, in accordance with the legislative purposes of economic and social development, surveys and evaluation of their legislative, legislative content, performance, etc. and the activities of the assessment report.

Article 3. Post-legislative assessments should be guided by legitimate, reasonable, fair and public principles.

Article IV. The Government of the city should strengthen its post-legislative assessment and provide the necessary safeguards for post-legislative assessments.

The municipal rule of law sector is specifically responsible for the organization, guidance and coordination of post-legislative assessments.

Article 5 is the executive authority responsible for the implementation of regulations (hereinafter referred to as an assessment of the implementation authority); the assessment of the implementation authority is unclear and is determined by the coordination of the municipal authorities' rule of law.

The municipal rule of law sector considers that, where necessary, other units other than administrative authorities responsible for the implementation of regulations may be appointed as an assessment of the executive body.

Article 6 assesses that the executive body may, as required, commission a legislative post-assessment of a number of matters or all of the matter by a higher institution, social assessment body, industry associations and other relevant units.

The mandated assessment units should have the corresponding conditions for post-legislative assessments.

Chapter II

Article 7 is in line with the regulations of one of the following cases and should be preceded by a legislative assessment:

(i) Execution of five years;

(ii) The proposed increase in local legislation;

(iii) Significant changes are proposed;

(iv) More observations by citizens, legal persons or other organizations;

(v) The Government of the city or other competent authorities consider it necessary to assess.

The changes to the top law or the specific circumstances require consequential changes in the content of the regulations may not be carried out after the legislative evaluation.

Article 8. The executive authority responsible for the implementation of the regulations shall declare the next year assessment project to the municipal authorities by 31 October each year.

The municipal rule of law sector may also propose assessment projects based on actual needs.

Article 9. After a summary of the Government's assessment project on the declaration, an annual assessment plan has been prepared in accordance with this methodology, followed by the approval of the Government of the city.

The project included in the annual assessment plan is included in the annual legislative theme project of the Government of the city, which is financed by the municipal financial sector by the provision of the funding budget in accordance with regulations.

Chapter III

Article 10 assesses that the executive body should conduct a holistic assessment of the regulatory legislative, legislative content, performance, in accordance with the legislative post-assessment plan, and may also carry out a partial assessment based on the purpose of the assessment.

An assessment of the content of the regulations that directly involve civil, legal or other organizations should be a focus assessment.

Article 11 Post-legislative assessments are based mainly on the following criteria:

(i) The criterion of legality, namely whether regulations are consistent with laws, regulations and other superior laws;

(ii) A reasonable criterion, namely whether the regulations are in conformity with the principles of equity, justice and whether they are necessary and appropriate, and whether the creation of mandates and responsibilities are harmonized;

(iii) Scientific standards, i.e. whether regulations are properly forward-looking, whether they reflect regulatory requirements, whether they are adapted to the time needs, whether they meet the will of the people and whether practical issues are addressed;

(iv) Coherence between the regulations, whether there is a conflict between the same-level regulations and whether the associated regime is ready;

(v) Normative standards, i.e. whether regulatory techniques are regulated and whether they affect the proper and effective implementation of regulations;

(vi) Operational criteria, i.e. whether the concept of regulations is clearly defined and whether the systems and their procedures are specific;

(vii) Effectiveness criteria, i.e. whether regulations are universally adhered to and enforced, and whether the intended purpose has been met.

Chapter IV

Article 12. Post-legislative assessments include the stage of preparation, implementation and assessment.

Article 13

(i) Establish assessment teams;

(ii) Develop assessment programmes, which should include assessment elements, an outline of surveys;

(iii) Other preparatory work.

The assessment of the executive body commissioned a legislative post-assessment assessment by higher institutions, social assessment agencies, industry associations and other relevant units, and should be made available to the municipalities' rule of law sector. The mandated assessment units carry out a legislative post-assessment assessment, and their assessment programmes should be reviewed by the delegated authority.

Article 14.

(i) Collection of information before and after the implementation of the regulations, which is summarized in basic circumstances;

(ii) An analysis of information collected and a preliminary conclusions.

Article 15. The post-legislative assessment report forms the following:

(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 Post-legislative assessments should use the following methods:

(i) Publicizing public opinion through the media, portals;

(ii) Visit to administrative law enforcement units, the judiciary, the administrative relative or written requests for their views;

(iii) Convening of colloquiums, expert panels.

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

(i) Issue questionnaires;

(ii) Field missions;

(iii) Thematic studies;

(iv) Individual analysis;

(v) Comparative analysis of relevant legislation;

(vi) Cost-benefit analysis;

(vii) Other methods.

Article 17 Post-legislative assessments should guarantee the rights of citizens, legal persons and other organizations in accordance with the law.

The assessment of the implementation authority should be informed by the public at its portal of the full text of the regulations and the information on matters of relevance.

Citizens, legal persons and other organizations may make observations and recommendations to the assessment body, including through oral, written or e-mail.

The units and their staff members involved in post-legislative assessments should be kept confidential to the State secret, commercial secret and personal privacy involved in post-legislative assessments.

Report and effectiveness

Article 19 The assessment authority shall submit the assessment reports within the time frame established by the annual assessment plan. The assessment reports should include the following:

(i) The basic circumstances of the assessment process;

(ii) Assessment of content analysis;

(iii) Assessment of conclusions and recommendations;

(iv) Other issues requiring clarification.

Article 20 assesses that the assessment reports submitted by the implementing agencies should be reported to the Government of the city, which is specifically responsible for the review of the assessment reports. The review found that there was a significant problem in terms of the assessment of content, the assessment process and the assessment methodology, which was reorganized by the municipal authorities' rule of law.

The relevant recommendations of the assessment report require further decisions by the Government of the city, which is approved by the Government's rule of law.

The assessment reports reviewed under article 21 should serve as an important basis for the preparation of legislative workplans to modify, repeal regulations and improve administrative law enforcement. The relevant sectors should follow up on the recommendations made in the assessment report to improve the system and to improve administrative law enforcement, as well as feedback to the municipal authorities in the rule of law sector.

The relevant recommendations of the assessment report have been decided by the Government of the city, which should be implemented and reported to the Government of the city.

The second assessment report should be made public by law, in addition to the content of State secrets, commercial secrets and personal privacy.

Chapter VI Assessment of oversight and responsibility

Article 23 Post-legislative assessment should be included in the evaluation of sectoral performance.

Article 24 of the executive authority responsible for the implementation of the regulations or the authorities concerned, in violation of the provisions of this approach, is one of the following cases brought to the attention of the municipal authorities by the rule of law, to the extent that the time limit is changed to the Government of the city and, where appropriate, to the executive branch's effectiveness of the competent and other persons directly responsible for them or to the administrative disposition in accordance with the law:

(i) No declaration of assessment projects 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 25 units and their staff who carry out a legislative post-implementation assessment disclose the secret, commercial secret or personal privacy of the State, disposed or punished in accordance with the relevant laws, regulations, regulations, regulations, and regulations; and criminal liability in accordance with the law.

Chapter VII

Article 26 provides for effective regulations issued prior to the implementation of this approach, which should be included in the annual assessment plan and implemented in accordance with the plan.

Article 27 provides that the executive branch of the city undertakes a post-assessment assessment of the normative documents developed, which may be implemented in the light of the relevant provisions of this approach.

The twenty-eighth approach is implemented effective 1 June 2011.