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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351836.shtml

Benxi municipal government regulations legislation assessment methods

    (March 17, 2011, Benxi City people's Government, the 155th announced as of May 1, 2011) the article to improve its quality, standardize Government regulations legislative assessment, play a role in legislation to promote all-round economic and social development, according to the State Department of the implementation outline for the holistic promotion of administration by law, combined with the city's actual, these measures are formulated.

    Second City Council Government regulations legislative assessment procedures apply.

    Article III legislative assessment in these measures, including legislative proposals to project appraisal and assessment after legislation.

    (A) the legislative proposal project assessment refers to municipal regulations legislative proposal project necessity and feasibility analysis and evaluation, and assessment systems.

    (B) the legislative assessment refers to the Government after 3 years after the effective date of the regulations, in accordance with its legislative intent, combined with economic and social development, according to certain standards and procedures, the quality of legislation, implementation effects, follow-up and analysis of the existing problems and its influencing factors of evaluation and the assessment system.

    Fourth municipal Legislative Affairs Department of municipal government regulation of legislative Evaluation Agency, is responsible for organizing and directing the drafting of government regulations or enforcement legislative assessment in accordance with this regulation.

    The administrative organs and relevant units shall in accordance with their respective responsibilities, to coordinate with the legislative assessment.

    Article fifth assessment should follow the objective fairness, openness and transparency and the principle of public participation. Sixth municipal government departments shall, by November 30 of each year, submit legislative proposals to the Legislative Affairs Department of the municipal government.

    Applications, and providing the necessary legislative proposals, assessments and feasibility assessment.

    Legislative needs assessment of a proposed project, including:

    (A) the legislative form of needs assessment, that is, whether belonging to the category should be standardized through legislation;

    (B) legislative background assessment, that is, whether the legislative gaps or needs to improve its level;

    (C) legislative matters of importance assessment, that is, whether the legislative items relates to the universality of economic, social issues or the current Administration needed to pass legislation and law enforcement work to solve outstanding problems.

    This feasibility assessment of a proposed project, including:

    (A) whether the legislation meets the requirements of regulatory framework;

    (B) the elaboration of legislation after the implementation of the positive effects of forecast;

    (C) development of legislative implementation evaluation of the negative effects and its countermeasures;

    (D) developed for effective implementation of legislation needs to solve the problem;

    (V) cost-benefit analysis of legislation.

    Seventh Legislative Affairs Department of the municipal government organizations deputies, CPPCC members, relevant experts, management's representative and closely relating to the implementing regulations of enterprises or social organizations to demonstrate the legislative proposals, and according to the argumentation opinion formation evaluation conclusions.

    Legislative proposal project evaluation conclusion as is included in the legislative programme should be an important basis for projects.

    Eighth rule since the expiration of 3 years from the date of execution, regulations enforcement should be submitted to the legal department regulations implementation of written material, including:

    (A) promote implementation;

    (B) the supporting documents;

    (C) the implementation of the main measures of the problem and to take;

    (D) the proposal to change or repeal of regulations.

    Nineth Legal Department in accordance with rule implementation, determining the annual legislative evaluation plan.

    Less than 3 years from the date of implementation of the regulations, but any of the following circumstances, Legal Department should be organized after the enactment of regulations implementing Department or agency evaluation:

    (A) the amendment or repeal or rise as local regulations;

    (B) cannot adapt to the new situation of economic and social change or found widespread problems in the implementation;

    (C) citizens, legal persons or other organizations more comments on government regulations.

    According to the upper law needs to be modified or there is an emergency need to be modified by government regulations, and can not be assessed thereafter.

    Article tenth assessment include the following:

    (A) the social effects of the implementation of regulations and the main problems;

    (B) the legislative purpose in the regulations, the setting of the legality, rationality, feasibility;

    (C) in each step of the regulatory legislation impact on the quality of legislation;

    (D) the regulations explaining the situation.

    After 11th legislative assessment is mainly based on the following criteria:

    (A) the legal standards, that is, whether the provisions of laws and regulations and relevant policies in keeping with the provisions of the State.

    (C) coordination of standards, government regulations and there is a conflict with the hierarchy of legislation requiring interface system, calls for the establishment of support system is complete.

    (C) the reasonableness standard, namely whether the principles of fairness, impartiality is reflected; whether the management measures may be necessary and appropriate, whether to adopt the minimum of damage to the interests of the private aim of legislation; liability and violation of transcripts, character, plot, and harm.

    (D) operational standards, which provides the system targeted to solve the problems existing in the Administration; prescribed measures are efficient and accessible; the procedure is established, simple and easy to operate.

    (E) a normative standard, stand ' technical specifications, the logical structure is tight, is accurate, does it affect the correct and effective implementation of government regulations. (Vi) the effectiveness of standards, namely universal adherence to government regulations.

    And implementation, is expected to achieve its objectives.

    12th legislative evaluation can take the following way:

    (A) use of open platforms, news media outlets to collect public views in public;

    (B) organizations to carry out surveys, law enforcement review;

    (C) organize field surveys, interviews, seminars, or experts;

    (D) the specialized agencies entrusted to carry out research and analysis;

    (E) any other way.

    13th legislative evaluation should be carried out in accordance with the following procedure:

    (A) establish assessment working group;

    (B) developing assessment programme;

    (C) assess preparations;

    (D) the implementation of assessment;

    (V) formation of assessment reports;

    (Vi) assessment reports to the public.

    Article 14th except those involving State secrets, business secrets or personal privacy, Legal Department assessment of the legislative programme, procedures and reporting to the public.

    Legal Department should set up regulations on the Government Portal website legislation assessment rubric, published assessing legislative proposals be evaluated, and information such as the full text of the regulations and assess the situation and creation of public feedback column to facilitate public comments.

    Citizens, legal persons or other organizations may by letter, telex, fax and e-mail and online comments, observations and recommendations to the Legislative Affairs Department of the municipal government.

    15th Legislative Affairs Department of the Municipal Government can organize NPC deputies and CPPCC members, experts, representatives of management people and closely relating to the implementing regulations of enterprises, institutions and social groups assessed thereafter.

    16th Legislative Affairs Department of the Municipal Government should be to assess information authenticity, accuracy and completeness were identified, through the collection, collation, analysis on the legislative implementation of the observations and recommendations evaluation, formation evaluation report.

    After the legislative assessment report should include the following:

    (A) the assessment of basic conditions of work;

    (B) the implementation of performance, main system feasibility, relevance, basic evaluation assessment content analysis of the quality of legislation;

    (C) evaluation findings and recommendations;

    (D) other issues of note. 17th legislative evaluation report should be as modification or abolition of government regulations, by consummating the ancillary system and improving the work of administrative law enforcement.

    An important basis.

    Assessment report recommended that the Government after the legislative amendment or repeal of regulations, regulations Department or agency shall be conducted in accordance with the legislative procedures on government regulations modified or repealed regulations put forward their views.

    18th legislative assessment after proposals to perfect the system or improve the administrative enforcement of regulations implementing Department or agency shall, within the prescribed rights and take measures to be implemented within the time frame.

    Article 19th of regulations of the Department or agency in any of the following circumstances, the legal department shall be ordered to correct serious cases, reduced administration performance evaluation results in the sector, and recommended that authorities be given administrative punishments:

    (A) is not provided in accordance with this regulation when assessing the written material;

    (B) not in accordance with the legislative requirements concerning the evaluation report after matching system or take steps to improving the work of administrative law enforcement.

    20th city, County (district) Government assessments of normative documents by reference to these measures. 21st article this way come into force May 1, 2011.