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Chongqing Municipal Government Regulations Legislative Evaluation Methods

Original Language Title: 重庆市政府规章立法后评估办法

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Post-legislative assessment methods of the Government

(Adopted at the 97th ordinary meeting of the Government of the People's Republic of Hong Kong, on 2 April 2011, by Order No. 252 of 11 April 2011.

Chapter I General

Article 1 further improves the quality of legislation in order to regulate the post-trajective assessment of the regulations of the city's people and to develop this approach in line with the provisions of the Department of State's Comprehensive Progress in the Implementation of the Law.

Article 2 Post-assessment of the legislation of the commune government regulations (hereinafter referred to as government regulations) applies.

This approach refers to the Government's legislative post-application assessment, which refers to the Government's regulations, which are deployed in accordance with the Government of the city, to investigate, evaluate the quality and effectiveness of government regulations, to propose amendments or repeal regulations, and to improve the activities of evaluation opinions, such as administrative law enforcement, in accordance with the provisions of this approach.

The post-government regulation of Article 3 should be guided by the principles of objectivity and impartiality, openness, legitimacy and science.

Article IV. The Government's rule of law body is responsible for the organization, guidance and oversight of the post-government legislative assessment.

Chapter II

The Government's legislative post-assessment is carried out by the executive authorities of the Government responsible for the implementation of the regulations of the Government or by the State's rule of law (hereinafter referred to as the assessment body).

The legislative post-assessment of the economic and social development bureaux, the major interests of the people and the regulation of the Government's common behaviour is carried out by the State's rule of law institutions.

Article 6. The assessment body may, as required, entrust specific implementation of units such as higher colleges, scientific institutions, social groups, intermediary agencies, in part of the post-regulation or post-legislative assessment.

Article 7 units entrusted with specific regulatory post-trajectory assessments shall have the following conditions:

(i) Persons familiar with administrative legislation, administrative services and the technical knowledge of assessment methods;

(ii) The time for the participation of the relevant personnel in the assessment is guaranteed;

(iii) Other conditions necessary to carry out the assessment process.

The units entrusted with the commissioning of a legislative post-assessment exercise should also have the corresponding conditions.

Article 8 Authorized units shall not transfer the assessment to other units or individuals, within the scope of their mandate, in the name of the assessment body.

The assessment body should guide and oversee the legislative post-assessment exercise by the mandated units.

Chapter III Assessment scope and criteria

Article 9 Government regulations are one of the following cases and should be preceded by a legislative assessment:

(i) The proposed increase in local legislation;

(ii) Failure to adapt to economic, social development demands and the need to repeal or make significant changes;

(iii) More observations by citizens, legal persons and other organizations;

(iv) Closely linked to economic and social development and public interest, the breadth of social impacts, the high level of social attention and the implementation of more than five years;

(v) There are contradictions or inconsistencies between the same-level regulations;

(vi) The extension of time after the expiry of the effective period;

(vii) The Government of the city considers it necessary to assess.

Changes, repeals or emergencies must be modified and repealed in accordance with the top law, which may not be carried out after the legislative evaluation.

The criteria for post-government legislation assessment include:

(i) The standards of legality that the provisions are in conformity with the constitutional and relevant provisions of the superior law and are in compliance with legislative authority, procedures and specific provisions under the legislation;

(ii) A reasonable criterion, whether the systems, measures and instruments set forth are appropriate and necessary, in conformity with the principles of equity, impartiality and rights and obligations, authority and responsibility, and whether the legal responsibility is quite relevant to the facts, nature, circumstances and the extent of harm;

(iii) Coherence criteria, i.e. whether there is a conflict or inconsistency with other regulations at the same level, and whether the provisions are coordinated and communicated;

(iv) Implementation criteria, i.e. whether the mandated law enforcement actors are clear, specific and feasible, whether measures, instruments and legal responsibilities are clear, specific, feasible, and whether procedural designs are justified, clear, simple and operational, accessible to citizens, legal persons and other organizations, whether the implementation mechanism is complete and whether the accompanying system is implemented;

(v) Effectiveness criteria, i.e. whether the provisions address practical issues and whether they can achieve the desired legislative purpose, the effect of implementation on political, economic, social, cultural and environmental aspects, and the public's reflection of the cost of implementation and the economic, social benefits arising;

(vi) Normative criteria, namely, whether the concept is clearly defined and whether language expressions are accurate, normative, concise, and whether the logical structure is carefully structured and can be understood and enforced.

The assessment body should define specific assessment criteria in conjunction with the characteristics of the assessment regulations, in accordance with the above criteria.

An assessment of the extent of the legislation of Article 11 may be carried out by a comprehensive assessment of the regulations or an assessment of one or some of them.

The institutional responsibilities, administrative licences, administrative sanctions, administrative sanctions, administrative enforcement, administrative charges, administrative expropriation, administrative assistance, administrative payments, etc. should be the focus of legislative post-assessments.

Chapter IV

Post-legislative assessments of the Government shall be carried out as planned.

The State's rule of law institutions should organize annual plans for post-government legislation assessment and follow up on the approval of the Government.

All views should be fully sought when the authorities of the city organize the preparation of the annual plan for post-government regulations.

Article 13 Post-Governmental legislative assessments are conducted in accordance with the following procedures:

(i) Establish assessment teams. The assessment team is composed of rule-of-law staff and relevant staff and may also be invited to participate in public representatives, representatives of the human person, parliamentarians, experts, legal practitioners. The assessment team was carried out in particular.

(ii) Develop assessment programmes. The assessment programme includes, inter alia, assessment purposes, evaluation content and standards, assessment methods, assessment steps and timing, funding and organizational guarantees. The assessment programme is carried out with the agreement of the assessment body.

(iii) Conduct research. The views and recommendations of the executive bodies, management targets and the public were collected through field missions, thematic studies, colloquiums, questionnaire surveys, expert perceptions.

(iv) Analysis evaluation. Analytical studies on the collection of materials, with an analysis of the content and criteria of the assessment, suggesting preliminary assessment findings.

(v) A assessment report. Further research and evidence of the preliminary findings and the development of formal assessment findings, the introduction of regulations to continue or modify, repeal, interpret, develop systems, improve administrative law enforcement, and form an official assessment report.

Article XIV assesses the actual needs of the assessment process under the legislation, which may be carried out with a summary procedure, with the exception of the provisions of article 9, subparagraph (c), of this approach.

An assessment of the use of a simple process could not be established by a dedicated assessment team, which could be streamlined and would result in an assessment of the assessment report, inter alia, through the holding of colloquiums, online questionnaire surveys, written requests for advice.

Article 15. Post-legislative assessments should be thoroughly investigated with the implementation of government regulations and the use of scientific methodologies and technical means to collect, analyse and assess relevant information. Analysis and assessment should, to the extent possible, adopt quantitative methods of analysis and combine qualitative and quantitatively. The assessment should be objective, fair and realistic.

The evaluation shall not prejudge the evaluation findings by the assessment body, the delegated authority, and the staff member's preference for information.

Article 16 assesses that the target of the selection of the investigation should be broad-based and the public of society should be given an appropriate proportion.

Assessment projects, assessment time, telephone calls for comments, websites, etc., should be made public to society in a timely manner.

There is a need to carefully study and fully incorporate the views and recommendations of civil, legal and other organizations on the implementation of the regulations. It should be noted in the assessment report that important observations and proposals are not adopted.

Article 17

The Government's post-legislative assessment should be completed within six months of the establishment of the assessment team, after the legislative post-assessment exercise of complex, controversial regulations could be extended for a period of two months; the use of a summary process assessment should be completed within three months.

Chapter V Assessment report

Article 19 Post-legislative assessment of the implementation of the legislation by the Government of the People concerned with the administration of the administration, which is organized by the authorities of the municipality.

The post-trainary assessment of the legislation implemented by the State's rule of law institutions, which was organized by the State's rule of law institutions and communicated to the relevant administrative authorities.

Article 20 of the assessment report should be made public to society, except in relation to State secrets, commercial secrets or personal privacy.

Article 21 Post-legislative assessment reports suggest changes in government regulations, and the relevant executive organs should bring changes to the Government's regulations in accordance with legislative procedures. In principle, the recommendations of the assessment report should be taken into account in the light of the changes in government regulations in the context of the legislative post-assessment report.

Article 22 Post-legislative assessment reports suggest that the Government regulations should be repealed in accordance with the statutory procedures.

Article 23 Post-legislative assessment reports suggest that the accompanying system of government regulations needs to be improved or that the executive organs of the Government should take appropriate measures in a timely manner.

Annex VI

Article 24 Post-legislative assessments should be incorporated into the executive law enforcement accountability system and the scope of the administrative work of the law.

Article 25 Post-assessments of normative documents are implemented in the light of this approach.

The executive organs of the Government may organize their own assessment of the implementation of government regulations, and the assessment reports should be sent to the municipal rule of law institutions.

Article 26 is implemented since the date of publication.