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Benxi Municipal Government Regulations Legislation Assessment Methods

Original Language Title: 本溪市人民政府规章立法评估办法

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Legislative assessment methods for the people of the city

(Act No. 155 of the Japanese People's Government Order No. 155 of 17 March 2011, effective 1 May 2011)

In order to improve the quality of legislation, regulate the work of the Government's legislative assessment and play a legislative role in promoting the full development of economic societies, and to develop this approach in line with the State Department's Comprehensive Framework for the Promotion of the Implementation of the Law.

Article 2

Article 3.

(i) The project evaluation of legislative recommendations refers to an analysis of the needs and feasibility of legislative recommendations for municipal governments and to the system for evaluating conclusions.

(ii) Post-legislative assessments refer to a three-year period from the date of implementation of government regulations and, in accordance with their legislative purposes, a tracking and analysis evaluation of their legislative quality, effectiveness, problems and their impact, in line with certain criteria and procedures.

Article IV. The rule of law sector of the municipality is a legislative assessment body for the regulation of the municipal government and is responsible for organizing and guiding the drafting sector or implementing the legislative assessment in accordance with this approach.

The executive organs and relevant units should cooperate with the legislative assessment in accordance with their respective responsibilities.

Article 5 Legislative assessments should be guided by the principles of objectivity and impartiality, openness and public participation.

Article 6. The municipalities should submit legislative recommendations to the municipal authorities by 30 November each year. The application and the necessary assessment and feasibility assessment reports for legislative recommendations projects.

The need to assess the content of legislative recommendations, including, inter alia:

(i) Need assessment in the form of legislation whether legislative matters fall within the scope of legislation;

(ii) Legislative background assessments, namely, the existence of legislative gaps or the need to raise the level of legislation;

(iii) An assessment of the importance of legislative matters, whether legislative matters involve universal economic, social or current administrative and law enforcement efforts that urgently require legislative resolution.

The feasibility assessment of legislative recommendations, including, inter alia:

(i) Legislative recommendations are consistent with the requirements of the regulatory framework;

(ii) Projected positive results after legislative implementation;

(iii) Evaluation of negative effects after legislative implementation and responses;

(iv) Issues to be addressed for the effective implementation of legislation;

(v) Legal cost-benefit analysis.

Article 7.

The legislative recommendations for project evaluation findings should serve as an important basis for whether they are included in the legislative plan.

Article 8 expires on 3 years from the date of implementation, and the executive branch shall submit to the municipal authorities the written material on the implementation of the regulations, including, inter alia:

(i) Advocacy on follow-up;

(ii) Development of the accompanying documentation;

(iii) Problem and implementation of the main measures taken;

(iv) Recommendations to modify or repeal regulations.

Article 9. The municipal rule of law sector, in accordance with regulations, determines the post-annual legislative assessment plan.

Without three years from the date of implementation, the municipal rule of law sector should organize a post-legislative assessment of the executive branch or agency:

(i) To modify or repeal or increase local legislation;

(ii) Failure to adapt to changes in the new economic and social situation or to identify universal problems in their implementation;

(iii) Citizens, legal persons or other organizations make more observations on government regulations.

In accordance with the Government's regulations requiring changes or changes in emergency situations, a post-legislative assessment could not be carried out.

Article 10 Post-legislative assessments include the following:

(i) The social effectiveness and the main problems in the implementation of regulations;

(ii) The legislative purpose of the regulations, the legitimacy, legitimacy and feasibility of the systems;

(iii) The impact of the work of the various components in the legislative process on the quality of the legislation;

(iv) Explanations of regulations.

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

(i) The criterion of legality that the provisions are consistent with the legal, legislative and national policy provisions.

(iii) Coherence criteria, i.e. whether the Government regulations are in conflict with the same-ranking legislation, whether the prescribed system is intertwined and whether the system required is in place.

(iii) A reasonable criterion, whether the principle of fairness and justice is reflected; whether regulatory measures are necessary and appropriate and whether they are used to achieve legislative purposes in a manner that minimizes administrative relative rights and interests; and whether legal responsibility is comparable to the extent of the offender, nature, circumstances and social harm.

(iv) An operational criterion, i.e. whether the prescribed system addresses the problems of administration; whether the measures provided are efficient and accessible; and whether the procedure provided is justified, simple and operational.

(v) Normative criteria, i.e. whether the treasury technology is regulated, whether the logical structure is tight, whether it is accurate and whether it affects the proper and effective implementation of government regulations.

(vi) Effectiveness criteria, i.e. whether government regulations are universal. In implementation, the desired legislative purpose is to be achieved.

Article 12 Post-legislative assessments may be carried out as follows:

(i) Public gathering of public opinions using public platforms, media, etc.;

(ii) Organizing questionnaire surveys, law enforcement field review;

(iii) Organizing field investigations, interviews, interviews, interviews or expert arguments;

(iv) Authorizes specialized agencies to investigate, analyse;

(v) Other ways.

Article 13 Post-legislative assessments shall be conducted in accordance with the following procedures:

(i) Establishment of an assessment working group;

(ii) Develop assessment programmes;

(iii) Assessment preparation;

(iv) Implementation assessment;

(v) Formulation of assessment reports;

(vi) The assessment report is open to society.

Article 14. In addition to the State secret, commercial secret or personal privacy, the municipal rule of law sector may make programmes, procedures and reports for post-legislative assessment to society public.

The municipal rule of law sector should establish a legislative assessment column on the Government's portal containing information such as the assessment of legislative recommendations, the full assessment of the regulations and the assessment of their status, and the development of a public feedback column to facilitate public opinion.

Citizens, legal persons and other organizations may make observations and recommendations to the municipal authorities of the rule of law, including through letters, telegraphs, faxs and e-mails, online inputs.

Article 15. The municipal rule of law sector can organize a large number of representatives, parliamentarians, experts, representatives responsible for the management of comparatives and post-trajectives and social groups that are closely associated with the implementation of regulations.

Article 16 shall determine the authenticity, accuracy and integrity of the assessment of information by the municipality's rule of law, and shall conduct legislative implementation evaluations through a summary, collation, analysis of relevant views and proposals.

Post-legislative assessment reports should include the following:

(i) The basic circumstances of the assessment process;

(ii) Implementation of performance, feasibility, targeting, basic evaluation of legislative quality;

(iii) Assessment findings and recommendations;

(iv) Other issues requiring clarification.

Article 17 Post-legislative assessment reports should be used as amendments or repeals of government regulations, refinement of systems and improvement of administrative law enforcement. Important basis.

The post-legislative assessment report recommends that the Government regulations be amended or repealed, and that the executive branch or agency should organize changes to government regulations or propose repealing regulations in accordance with the legislative procedures.

Article 18 Post-legislative assessment reports suggest that the relevant accompanying system or improving administrative law enforcement recommendations should be improved, and that the executive branch or agency should take measures to implement them within the terms and time frame.

Article 19, which is one of the following conditions in the executive branch or agency, is being corrected by the executive branch of the municipal administration; in serious circumstances, by reducing the performance of the sector in accordance with the law, and recommends that the relevant authorities give administrative treatment:

(i) No written assessment of the information in accordance with the provisions of this approach;

(ii) There is no requirement for a refinement of the accompanying system or measures to improve administrative law enforcement, in accordance with the legislative post-assessment report.

Article 20

Article 21