Chongqing Municipal Government Regulations Legislative Evaluation Methods

Original Language Title: 重庆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/201110/20111000351786.shtml

Chongqing Municipal Government regulations legislative evaluation methods

    (April 2, 2011 Chongqing Municipal People's Government at the 97th Executive meeting April 11, 2011 Chongqing Municipal People's Government announced come into force on the date of promulgation, order No. 252) Chapter I General provisions

    The first assessment of the legislation in order to regulate the municipal regulations, further improving the quality of legislation, according to provisions of the implementation outline for the holistic promotion of administration by law, combined with the city's actual, these measures are formulated.

Second municipal regulations (hereinafter referred to as government regulations) legislative assessment, these measures shall apply.

    Government regulations in these measures assessed thereafter refers to government regulations after a certain period, according to the Municipal Government's deployment, by the relevant municipal executive authorities or legal organization in accordance with these regulations, regulations of the Government investigation, evaluate the quality and effectiveness of legislation, amend or repeal regulations, improving administrative enforcement assessment activities.

    Third Government assessment of the regulatory legislation should follow fair, open and transparent, lawful and orderly and scientific principles.

    Fourth municipal people's Government agency responsible for government rules after the legislative assessment of the legal system of organization, guidance and supervision.

    Chapter II subjects

Fifth government regulation assessed by the responsible Government after the legislative rules and implementation of municipal administrative departments or municipal Legislative Affairs Agency (hereinafter assessment).

    A matter of socio-economic development, concerning the vital interests of legislation and Government regulations to standardize Government behavior assessment, carried out by the municipal people's Government legal agencies.

    Sixth assessment according to needs, regulations of legislation can be assessed or related legislative issues in the assessment of the higher education institutions, research institutions, community groups, agencies and other units in the implementation.

Seventh was entrusted with the specific conduct regulations legislative evaluation units should meet the following conditions:

(A) is familiar with the administrative assessment to the legislative, administrative and technical personnel;

(B) the relevant personnel involved in the evaluation of time can be guaranteed;

(C) assessment other conditions.

    Entrusted with the assessment of the legislative issues units are subject to the corresponding conditions.

Eighth commissioned unit, within the terms of reference to assess the assessment work carried out on behalf of the authority shall not delegate out the assessment work to other entities or individuals.

    Assessment bodies should guide and supervise the delegate units to carry out assessment of the legislation.

    Chapter III the assessment scope and standards

Nineth Government regulations of any of the following circumstances, after legislation assessment should:

(A) proposes to increase as local regulations;

(B) is not adapted to the requirements of economic and social development, need to be repealed or substantially amended;

(C) citizens, legal persons and other organizations more comments;

(D) is closely linked to economic and social development and the public interest and social impact a wide, high society, and has been implemented for more than 5 years;

(E) there is a conflict or inconsistency between the rules of the order;

(Vi) needs to be extended after expiry date;

(G) the municipal government that needs assessment.

    According to the upper law shall be amended, repealed or there is an emergency shall be amended, repealed, can not be assessed thereafter.

After the tenth Government regulations legislative assessment criteria include:

(A) the standards of legality, constitutionality of provisions and provisions relating to higher-level law, compliance with the provisions of the legislation law of legislative jurisdiction, procedures and specific provisions;

(B) the reasonableness standard, that is, under the rules, measures and means to appropriate, necessary, compliance with the principles of fairness, justice and rights and duties, powers and the principle of unity of responsibility, liability and violation of facts, such as the nature, circumstances and extent;

(C) coordination of standards, that is, with the same level of other rules if there is a conflict or inconsistency, coordination and cohesion between provisions;

(D) the implementation of standards, which provides the main law enforcement clearly, measures, means and legal responsibilities are clear, concrete and feasible, design validity, clear, simple, and easy to operate, easy to abide by citizens, legal persons and other organizations, the implementation mechanism is complete, related system implementation;

(E) the effectiveness of standard, namely whether the provisions to solve practical problems, whether we can achieve the desired objectives, implementation of political, economic, social, cultural, environmental and other impacts, public reflection of the implementation costs and the economic and social benefits;

(Vi) a normative standard, namely whether the definition clear, language is accurate, standardized, simple, logical structure is tight, easy to understand and implement.

    Assessment should be based on the above criteria, combined with the characteristics of the assessment regulations, determine the specific evaluation criteria.

11th Government regulations legislative assessment in accordance with specific circumstances, comprehensive assessment of the regulations, one or some of the system can also be assessed.

    Institutional responsibilities involved Government regulations, approvals, administrative punishment and administrative compulsory, administrative collection and administrative expropriation and administrative relief, such matters as executive pay should be the focus of assessment after legislation.

    Fourth chapter evaluation procedures and methods

12th Government regulations legislation assessment should be carried out according to plan.

Municipal legal organization shall organize the preparation of government regulations when assessing the annual plan, submitted to the municipal people's Government for approval.

    Municipal legal assessment annual plan the Organization preparing the regulatory legislation, should fully solicit views from all sides.

Article 13th after government regulations legislative assessment, conducted in accordance with the following procedure: (A) set up a Panel. Assessment team made up of legal and related staff, can also invite representatives of the public and deputies and CPPCC members, experts, academics, 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, research, seminars, surveys, expert methods, organ collection, management and public opinions and suggestions. (D) analysis and evaluation.

Study on the analysis of collected materials, analyze and evaluate the standards against which to assess the content and set out its preliminary assessment. (V) formation evaluation report.

    The tentative conclusions for further study and verification, formal assessment findings, 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.

14th evaluation according to the assessment of the practical need for legislation, simplified procedures for assessment, but this article Nineth part (c), except in the cases provided.

    Simplified procedures for assessment, can not set up a special review panel assessment programme could be simplified, mainly through the holding of seminars, online questionnaires, written sought observations and other methods to collect information, expert analysis or feasibility study meeting held to assess form assessment report. After 15th legislative work should be a comprehensive look into the implementation of government regulations, the use of scientific methods and technical means to collect, analyse and evaluate relevant information. Analysis and quantitative analysis method of assessment should be adopted as far as possible, combining qualitative and quantitative analysis.

Assessment should be objective, fair and realistic.

    Assessment bodies, entrusted with the units of assessment shall not be thereafter preset conclusions, not in accordance with the valuation preference choices of organs and staff information.

16th assessment select the respondents should have broad representation, the public should have an appropriate proportion.

Assessment, evaluation time, consulted phones, websites, should be offered to the public in a timely manner. To seriously study and fully absorb the citizens, legal persons and other organizations on regulatory implementation of the observations and recommendations.

    Important observations and recommendations are not adopted, should be documented in the assessment report.

    17th and Government regulations related to the implementation of administrative organs and units shall, according to their respective duties, according to the requirements of the assessment authority, provides information and data on the implementation of government regulations, with the Government's assessment of the legislative regulations.

    18th Government assessment of the regulatory legislation should be completed within 6 months after the panels were established, complex and controversial assessment of the regulations of the legislation can be extended by 2 months; use a summary assessment, should be completed within 3 months.

    Chapter fifth assessment report

Article 19th municipal legislation relating to administrative departments to implement evaluation, assessment of acceptance by the municipal people's Government legal agencies.

    Municipal legislative assessment of the legal institutions, acceptance by the municipal people's Government legal agencies assessment report, and to inform the relevant administrative departments.

    20th assessment report should be open to the public, but involve State secrets, business secrets or personal privacy exception. Article 21st assessment report recommended that Government regulations be modified the legislation, relevant administrative organs shall, in accordance with the legislative process to draw the municipal people's Government to modify the regulations.

    According to the legislative report modified after government regulations, in principle, should adopt the recommendations of the evaluation report, shall state the reasons for that are not adopted.

    22nd legislative assessment report has proposed the abolition of government regulations, abolishing government rules shall, in accordance with legal procedures.

    After 23rd legislative assessment report recommended that the Government regulatory systems need improvement or implementation needs to be improved, government regulations implementing authority shall take appropriate measures in a timely manner.

    The sixth chapter supplementary articles

    24th Government assessment of the regulatory legislation should be incorporated into the scope of examination of the responsibility system for administrative law enforcement and administration.

Assessment after the 25th of normative documents, reference to these measures.

    Regulations implementing the Government authorities may arrange for the assessment of the implementation of government regulations, evaluation reports should be submitted to the legal filings. 26th article this way come into force on the date of promulgation.