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Provisions Regulations Regulatory Documents Periodic Cleaning In Liaoning Province

Original Language Title: 辽宁省规章规范性文件定期清理规定

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Regular clean-up provisions of the regulations of the vasten province

(Summit No. 27 of 20 August 2009 from the Eleventh People's Government of the Commonwealth of Independent States to consider the adoption of the Decree No. 237 of 13 September 2009 by the People's Government Order No. 237 of 13 September 2009)

Article 1 promotes the harmonization of the rule of law, in accordance with the Law of the People's Republic of China, the Regulations Development Procedure Regulations and the State Department's Comprehensive Promotion of the Framework for the Implementation of the Law, in line with my province's practice.

Article 2 states, including regulations developed by the Provincial Government and the larger municipalities.

The normative documents referred to in this provision refer to documents issued by the provincial, municipal, district, under the same conditions as the Government and its constituent departments, which are generally binding on citizens, legal persons and other organizations or which relate to their rights, obligations, methods, rules, interpretations, etc. Normative documents developed by the provincial, municipal and district governments (including the Executive Office of the Government, the Office) are normative documents of the Government; normative documents, such as provincial, municipal, district government-owned departments, and legal, regulatory organizations authorized to administer public affairs are sectoral normative documents.

The regulations and normative documents referred to in this provision are regularly clean-up and refer to the regulatory, normative and regulatory organs, as required by law, legislation and national policies or the needs of the current administrative region for economic and social development, and, in accordance with the legislative authority and procedures, to determine whether they continue to apply or modify, repeal and invalidate work systems.

Article 3

Article IV Government-owned departments are responsible for the specific work carried out by this sector in accordance with regulations and normative documents.

The Government's rule of law sector and sectoral rule of law institutions are responsible for the organization, guidance and coordination of regulatory, normative documents for regular clearance.

Article 5 Regulators, normative document-making bodies should enhance the management and oversight of regulatory, normative document clean-up and provide the necessary personnel, funds, etc.

Article 6

(i) Legal principles. Clearing procedures and clean-up results should preserve the harmonization of the rule of law, in accordance with legal, regulatory, and national provisions.

(ii) Scientific principles. In practice, clean-up procedures and content should be conducive to improved administrative effectiveness and the development of economic societies.

(iii) Principles of democracy. The clean-up process should take a variety of forms to fully listen and adopt the views and proposals of citizens, legal persons and other organizations to fully reflect the fundamental interests of the people at large.

(iv) Timely principles. Regulations, normative documents that are inconsistent with the provisions of laws, regulations or regulations or are not adapted to the needs of economic and social development should be amended, repealed or declared invalid in a timely manner.

Article 7. The departments of the provincial government, the larger municipal authorities, respectively, carry out preliminary clearances of the regulations they are responsible for the organization and, after the clearance of their views, are being reviewed by the same Government's rule of law sector; and specific comments by the Government's rule of law sector that require the repeal, declaration of invalidity or modification are presented to the Government in accordance with the legislative process. The Government-owned sector conducts a preliminary clean-up of the Government's normative documents that are responsible for the organization, submits the clearance of the same-level government rule of law, and provides specific advice on the need to repeal, declare invalidity or amend the Government's rule of law, and submits a process for the finalization of the Government in accordance with the normative document.

The Government-owned sector has made specific decisions following the clearance of its sectoral normative documents.

Two or more departments have jointly implemented regulations, normative documents, which are jointly cleared by the major implementing departments.

Article 8 Regulations, normative documents are in place for regular clearance. After implementation of the regulations, every five years has been cleared; after the implementation of normative documents, every two years has been cleared. However, one of the following cases should be cleared:

(i) New laws, regulations and regulations are in place, and the executive branch of the superior should be cleared with regulations, normative documents;

(ii) The establishment of a body to identify major issues in regulations and normative documents;

(iii) The establishment of the authority that regulations, normative documents are not adapted to development needs and should be cleared.

Following the implementation of regulations, normative documents, the executive body found significant problems in regulations or normative documents and required adjustments and should be reported in a timely manner.

Article 10 shall apply for a certain period of time and shall provide for an effective period. Nor does the normative document provide for an effective period of up to five years, with reference to “provisional”, “a pilot” and an effective period not exceeding 2 years. Effectively, normative documents are automatically invalid.

In the view of the need for continued implementation after the effective expiry of the normative document, the executive body of the Government's normative documents or the development body of sectoral normative documents should undertake an assessment of the implementation of the documentation by six months before the expiry of the effective period, and should be re-published; and the need for amendments should be revised, subject to procedures.

Article 11. The executive body shall assess its implementation for a period of three years after its implementation.

After the implementation of normative documents, the establishment of a body or the executive body considers necessary to assess its implementation.

Article 12. Regulatory and normative document assessment should be based on laws, regulations, regulations and regulations, consistent with the principles of objectivity, openness and transparency, democratic participation, science systems and economic effectiveness, and the use of scientific, democratic assessment methods to ensure that assessment results are objective and real.

The assessment includes, inter alia, the following:

(i) Be in conformity with the basic principles of the administration of justice;

(ii) The legitimacy of specific administrative measures;

(iii) Whether the legitimate rights of citizens, legal persons or other organizations are guaranteed;

(iv) Would facilitate economic development and social progress.

Article 13 Standards for the clean-up of normative documents:

(i) Legality, whether regulations, normative documents are consistent or incompatible with the law;

(ii) A reasonableness, whether regulations and normative documents are adapted to the needs of economic and social development;

(iii) Coherence between regulations and normative documents;

(iv) Operationality, i.e. whether regulations and normative documents need further improvement;

(v) Implementation results, i.e. whether regulations and normative documents have achieved legislative purposes.

Article 14. The regulations, normative documents are consistent with the relevant laws, regulations and national policies, adapt to economic and social development requirements and may continue to apply and preserve them.

Article 15. Regulations and normative documents contain one of the following cases:

(i) The main content is incompatible with the policy provisions of the new law, legislation or the State and the province;

(ii) The law on the basis of law, legislation, etc. has been repealed;

(iii) The main elements are covered by the new or revised law, regulations and regulations;

(iv) The main elements have been replaced by new government regulations;

(v) The main elements have not been adapted to economic and social development requirements;

(vi) Other reasons need to be repealed.

Article 16, regulation and normative documents are one of the following circumstances, and should be declared invalid:

(i) The expiration of the applicable period;

(ii) Adjustment targets have disappeared;

(iii) Other reasons need to be declared invalid.

Article 17, regulation and normative documents contain one of the following conditions, which should be amended:

(i) Parts are inconsistent or incompatible with the law, legislation and regulations;

(ii) Major changes in national policies, partially not adapted;

(iii) Partial content is clearly not adapted to economic and social development requirements;

(iv) Procedural, operational nature of part of the content and need to be refined and refined;

(v) Unlike the provisions on the same matter between government regulations, government regulations and national ministerial regulations;

(vi) Other reasons need to be revised.

Article 18 Government-owned departments should include the following materials:

(i) Preliminary clearance of views;

(ii) To provide the basis and justification for the initial clearance of views;

(iii) To seek advice from relevant sectors and their adoption;

(iv) Other relevant materials.

The rule of law sector of the Government should result in a clean-up report after a review of the regulations and the preliminary clearance of normative documents sent by the same Government.

The clean-up report should include the following key elements:

(i) The basic circumstances of the clean-up and the decision to repeal regulations and normative documents (draft);

(ii) Decisions declaring invalid regulations and normative documents (draft);

(iii) Decisions to modify regulations, normative documents (draft).

Article 20, the regulatory, normative document-making body shall be made public upon making a clean-up decision, and shall repeal and declare invalid regulations, the name of normative documents, the publication and revision of time, the text and the reasons for the invalidation or declaration. Amendments to regulations, normative documents should be accompanied by amendments to regulations, normative documents decisions and amendments, and the text of normative documents.

Continuation of effective regulations, normative documents should be incorporated into existing effective regulations and a catalogue of normative documents.

Regulations, normative documents that do not include the continuing effective catalogue shall not be used as a basis for administration.

Article 21 provides for the development of regulations, government normative documents in the form of a new pattern of invalidity, and should be included in the Government's annual legislative plan.

Article 22 provides for regulatory, normative document clean-up and shall collect information on the press, media relating to regulations, normative documents, and analyse the implementation of their reflections and problems.

Article 23, Regulation and normative document-making bodies should establish regulatory, normative documentation implementation feedback systems, accurate access to regulations, normative documents implementation, identify problems and conduct them in a timely manner.

Article 24 of the Government's rule of law sector and sectoral rule of law institutions should collect relevant information, including through tracking analyses, law enforcement inspections.

Article 25

The Government's rule of law sector should establish regulations, guidelines for the clean-up of normative documents at its portal, containing information such as regulations, the implementation of normative documents, the legislative post-assessment and clean-up, and establish a public feedback column to facilitate public opinion and recommendations.

Article 27 citizens, legal persons and other organizations may make observations and recommendations to the Government's rule of law sector or other government-owned departments, including through correspondence, telegraphs, facsimiles and e-mails, online input.

Article 28 provides regulations, legal persons or other organizations for the clean-up of normative documents, and the executive branch of normative documents shall respond within 15 days of receipt of recommendations.

Article 29, the executive organs of the Government's normative documents and the development body of sectoral normative documents have not been established in accordance with article 8 of the present article to conduct regular clean-up and liquidation, to bring regulations, governmental normative documents to the same level of government rule of law to the extent that they are developing organs accountable for their deadlines; to the extent that the sectoral normative documents are being converted by the same Government's rule of law authorities. Significantly, the principal and the direct head are treated by law.

Article 33, the executive organs of the Government's normative documents and the governing bodies of the sectoral normative documents have not assessed the implementation of the regulations, normative documents within the prescribed time frame, and the regulations, governmental normative documents are brought to their organs by the same Government's rule of law sector to order their deadlines; normative documents for the sector are being adapted to the time frames of the institution by the same Government's responsibilities.

Article 31

Article 32