Government Regulations Legislative Evaluation Methods

Original Language Title: 西安市政府规章立法后评估办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351852.shtml

Government regulations legislative evaluation methods

    (March 28, 2011 Executive meeting of the 14th session of the people's Government of the 142th in XI on April 6, 2011 92nd in XI ' an city people's Government promulgated as of May 10, 2011) first in order to further improve the quality of municipal legislation, promoting economic and social development, in accordance with the relevant provisions of laws and regulations, combined with the city's actual, these measures are formulated.

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

    Article assessment after the legislative regulations in these measures refers to regulations after a certain time, according to certain standards and procedures, the quality of legislation, implementation of regulations effect and social impact, such as research, analysis, evaluation, providing scientific basis for timely modify, repeal regulations activities.

    Fourth assessment of the regulatory legislation should follow fair, open and transparent, reasonable, the principle of public participation.

Fifth of municipal legislative affairs agency, responsible for regulations implementation of municipal administrative departments or institutions directly under the city regulations legislative assessment authorities.

Legislative Affairs Agency is responsible for the assessment of the legislative organization, coordination and supervision of works, and important, directly involving citizens, legal persons or other organizations vital interests and standardize Government behavior after the legislative assessment of the regulations.

Municipal administrative departments or affiliated institutions responsible for implementation after the legislative assessment of the regulations.

    Other administrative departments and units concerned shall, in accordance with their respective responsibilities, to coordinate assessment of the regulatory legislation.

    Sixth of municipal legislative affairs agency shall, jointly with relevant departments to produce regulations legislative evaluation annual plan, submitted to the municipal people's Government for approval organization.

Seventh rule, one of the following circumstances shall be assessed:

(A) and economic and social development and the public interest, wide social impact, high society, and has been implemented for over 3 years;

(B) the adjustment object changes, now meet the requirements of economic and social development is not clear;

(C) the NPC motions and CPPCC proposals and put forward many opinions of the public;

(D) Municipal Government that needs assessment.

    According to the laws, regulations and government rules and regulations need to be modified, abolished or there is an emergency need to modify, repeal, you can assess.

Article eighth assessment authority shall, depending on the circumstances and the actual needs, from the aspects of legislative content, technology and performance, an overall assessment of all the contents of the regulations, or the main content part of the assessment.

    Assessment bodies should focus on the organizations involved in the regulatory duties, administrative license, the administrative punishment or administrative enforcement, administrative collection and administrative expropriation assessment, administrative assistance, executive pay and other matters.

Nineth assessments should be conducted in accordance with the following procedure: (A) set up a Panel. Assessment team made up of legal and related staff, may also invite the deputies and CPPCC members, experts, scholars, representatives of the public, lawyers and other officials attended.

Specifically in the assessment work of the evaluation group. (B) developing assessment programme. Assessment programme includes assessment purposes, the contents and standards of evaluation methods, assess the steps and timing, funding and organization.

Assessment assessment office before implementation. (C) to conduct research.

Through field trips, seminars, surveys, thematic research, expert methods of collecting organ, management and the public opinions and suggestions. (D) analysis and evaluation.

Study on the analysis of collected materials, preliminary evaluation findings. (V) formation evaluation report.

    The preliminary findings for further research and demonstration, proposed regulations to continue or to modify, repeal, interpretation, development of a supporting system, improving law enforcement aspects of the assessment, a formal evaluation report.

Article tenth assessment bodies according to actual needs assessments, can take an assessment summary.

    Expeditious proceedings, through the holding of seminars, online survey or information retrieval methods such as information collection, analysis, expert analysis or feasibility study meeting held to assess, inter alia, data, formation evaluation report.

    11th assessment according to need, may authorize institutions of higher learning and scientific research institutions, social organizations, intermediaries and other concrete implementation assessment or assessment issues at work. 12th evaluation shall guarantee the effective participation of public.

    Assessment bodies, entrusted with the evaluation units should be fully absorbed citizens, legal persons and other organizations on regulatory implementation of suggestions and recommendations. 13th assessment should be objective, fair and realistic. Assessment bodies, entrusted with the evaluation unit may preset conclusions, not in accordance with the valuation preference choices of organs and staff information.

    Important observations and recommendations are not adopted, should be explained in the report. 14th evaluation should be completed within 6 months after the panels were established, content is complex and controversial, the municipal people's Government legal agencies agree that can be extended to 2 months.

    Use a summary assessment, should be completed within 3 months after the panels were established. 15th by the relevant municipal administrative departments or institutions directly under the organizational assessment, assessment reports by the city legislative affairs agency review, submitted to the municipal people's Government.

Directly by the municipal people's Government legal agencies organizational assessment, assessment reports by the city Legislative Affairs submitted to the municipal people's Government, and to inform the relevant administrative departments.

    Assessment report should be open to the public.

16th evaluation report was approved by the municipal people's Government to modify, repeal regulations, improvement of administrative law enforcement is the main reference. Assessment report recommended that regulations be amended or annulled, the relevant administrative bodies and drew attention to the municipal people's Government shall, in accordance with legislative procedures to modify or repeal the regulations.

According to the evaluation report after the legislative amendment to the Constitution, should adopt the recommendations of the evaluation report, shall state the reasons for that are not adopted.

    Assessment report recommends that the regulatory system needed improvement or implementation needs to be improved, regulations implementing authority shall take appropriate measures in a timely manner.

    17th regulation assessment of the legislation, included in the scope of examination administration according to law. 18th article this way as of May 10, 2011.