Provisions regulations regulatory documents periodic cleaning in Liaoning province
(August 20, 2009 Liaoning province 11th session Government 27th Times Executive Conference considered through September 13, 2009 Liaoning Province Government makes No. 237, announced since October 15, 2009 up purposes) first article for perfect regulations, and normative file cleanup work mechanism, maintenance legal unified, promote law administrative, according to People's Republic of China legislation method, and regulations developed program Ordinance and State full advance law administrative implementation platform for, combined I province actual, developed this provides.
Regulations referred to in the provisions of article, including provincial and large Municipal Government to develop regulations. Standard documents in these rules refers to provincial, city and County (including County-level cities and districts, the same below) and its subordinate departments of the Government, in accordance with statutory authority and procedures issued by the citizens, legal persons and other organizations with a general binding force or the provisions relating to their rights and obligations, approaches, rules, interpretations, such as the implementation of social management of files.
Provincial, city and County Government (including government offices, the Office) to develop the regulatory documents regulatory documents for the Government; provincial, city and County Government departments, as well as laws and regulations authorized by the management of public affairs for departments of organizations, such as the development of regulatory documents regulatory documents.
Regular cleaning of regulations and regulatory documents in these rules refers to the formulation of regulations and regulatory documents, according to law, regulations and policy requirements or the administrative needs of economic and social development, in accordance with statutory authority and procedures, periodic review of regulations and regulatory documents, determine whether it can continue to apply or modify, repeal, announced the failure of the system.
Article III regulations and regulatory documents of regular cleaning, these provisions shall apply.
Fourth Government Department responsible for the implementation of regulations and regulatory documents periodic cleaning of concrete work.
Government legal departments and their rule of law institutions responsible for regulations and regulatory documents to regularly clean up the work of the Organization, direction and coordination.
Article fifth regulations and regulatory documents to develop organs should strengthen regulations and regulatory documents work management and supervision, and to provide the necessary personnel, funding guarantees.
Article sixth regulations and regulatory documents periodic cleaning should adhere to the following principles: (A) the principle of legality.
Cleaning procedures and cleaning results should maintain the uniformity of the legal system, in line with the laws, rules and regulations and the relevant provisions of the State. (B) scientific principles.
Proceeding from reality, cleanup and should help to improve administrative efficiency, conducive to economic and social development. (C) the principle of democracy.
Cleaning process should take a variety of forms, fully listen to and accept the views and suggestions of citizens, legal persons and other organizations, and fully reflect the fundamental interests of the most people. (D) the principles in a timely manner.
Inconsistent with the provisions of laws or regulations or not adapted to the needs of economic and social development of regulations and regulatory documents, it shall be revised, repealed or declared invalid. Article seventh provincial government departments, large municipal government departments which are responsible for organization and implementation of regulations for initial cleanup, clear views put forward, sent the Government legal departments at audit; the Government legal departments need to repeal the specific comments, declared invalid or modified, according to the legislative procedure to the Government approval.
The Government departments responsible for organization and implementation of government regulatory documents for initial cleanup, clear views put forward, sent the Government legal departments at audit; the Government legal departments need to repeal the specific comments, declared invalid or modified, according to normative documents procedures reported Government approval.
Government departments on the clearance of the departmental normative documents, specific treatment decisions.
Two or more departments, the implementation of regulations and regulatory documents, carried out by the main branch and other joint cleanup enforcement. Article eighth regulations and regulatory documents to regularly clean up the system. After the implementation of regulations, clean up once every 5 years; after the implementation of normative documents and cleaned once every 2 years.
But any of the following circumstances, the prison shall clean up:
(A) laws and regulations the purpose of the new, higher administrative authorities should clean up regulations and regulatory documents;
(B) the enacting body found that there are major problems of regulations and regulatory documents;
(C) developing institution considers that regulations and regulatory documents do not meet the development needs, cleaning should be carried out.
Nineth after the implementation of regulations and regulatory documents, organ found in regulations or normative documents significant problems, need to make adjustments should be reported in a timely manner. Article tenth of normative documents applicable in a given period, it should provide valid. Normative documents do not provide valid, valid for a maximum of 5 years, marked "provisional", "pilot", valid for not more than 2 years.
Expiration, normative documents automatically invalidated.
The enacting body that normative documents need to be continued after the expiry of Government implementation of normative documents or sectoral normative documents of the enacting body shall, before the expiry of 6 months to assess the implementation of the file, and the need to continue and should be republished; need to be changed, according to set procedures.
11th rule after 3 years, organ should be an assessment of its implementation.
After the implementation of normative documents developed organ or organ deems it necessary, it should be left to assess the situation.
12th assessment regulations and regulatory documents should be legal, based on the rules and regulations, follow the objective truth, openness and transparency, democratic participation, scientific system, the principle of economic efficiency, scientific and democratic evaluation method is used, ensure the assessment objective and true.
Assessments include the following:
(A) compliance with the basic principles of administration according to law;
(B) the legality of specific administrative measures is appropriate;
(C) to guarantee the legitimate rights of citizens, legal persons or other organizations;
(D) it is conducive to economic development and social progress.
13th cleanup standards regulations and regulatory documents:
(A) the legality, which is consistent with the higher-level laws or regulations and regulatory documents contradict;
(B) reasonable, namely regulations and regulatory documents are commensurate with the needs of economic and social development;
(C) coordination of the concordance between the regulations and regulatory documents;
(D) the operation of the regulations and regulatory documents need to be improved;
(E) the effect of the regulations and regulatory documents whether objectives have been met.
Article 14th regulations and regulatory documents in compliance with the relevant legal provisions, regulations and national policies, and adapt to the requirements of economic and social development, can continue to be applied, shall be maintained.
15th regulations and regulatory documents have one of the following shall be repealed:
(A) the main content and new laws, regulations, and other higher-level laws or policies contravene the provisions of the national and provincial;
(B) according to the laws and regulations of the host computer has been abolished;
(C) the main contents are new or revised laws and regulations covered by the upper law;
(D) the main content has been replaced by new Government regulations;
(E) the main content has not adapted to the requirements of economic and social development;
(Vi) other reasons need to be repealed.
16th regulations and regulatory documents under any of the following circumstances shall be declared invalid:
(A) the application is full;
(B) the object had disappeared;
(Iii) other reasons need to be declared invalid.
Article 17th regulations and regulatory documents under any of the following circumstances shall be amended:
(A) part with superordinate laws such as laws and regulations are inconsistent or incompatible;
(B) major national policy adjustments, parts incompatible with them;
(C) clearly not adapted to the requirements of economic and social development;
(D) procedural content, operability is not strong, it needs to be refined and improved;
(E) the Government rules, governmental regulations and between national ministries and regulatory provisions on the same matter;
(Vi) other reasons need to be modified.
18th Government departments submitted to the Government legal departments at regulatory, normative documents of the Government initial clearing advice, shall include the following materials:
(A) the initial clearing advice;
(B) the preliminary basis for clear views and reasons;
(C) and consultation with the relevant departments to adopt;
(D) other relevant material.
19th government legal departments shall submit to government departments at the same level of regulations and regulatory documents reviewed the initial clearing of a clean report, reported that the enacting body.
Clearing report shall include the following main elements:
(A) identifying the basic situation and the repeal of regulations and regulatory documents (draft);
(B) the decision to declare failure of regulations and regulatory documents (draft);
(Iii) modify the regulations and regulatory documents (draft). 20th organ under regulations and regulatory documents to make clear decisions, should be repealed and declared invalid name, regulations and regulatory documents published and revised time, symbols and repealed or declared invalid reason to be published.
Modifying regulations and regulatory documents shall also announced modifying regulations and regulatory documents decisions and revised text of regulations and regulatory documents.
Continued validity of regulations and regulatory documents shall be included in the list of current effective regulations and regulatory documents.
Not included in the continuing list of effective regulations and regulatory documents, shall not be used as the basis of administration.
Article 21st scrap new regulations, government regulatory documents shall be included in the annual legislative programme of the Government.
22nd article cleanup regulations and regulatory documents, should be collected and regulations and regulatory documents related to the press and media information, to reflect the implementation and analysis of the existing problems.
23rd the enacting body shall establish regulations and regulatory documents regulations and regulatory documents for feedback system, accurate access to the implementation of regulations and regulatory documents and found that there are problems, and timely research and treatment.
24th the Government legal departments and sector bodies shall, through analysis of the legal system, law enforcement, and other ways, grasp the implementation of regulations and regulatory documents to collect relevant information.
Article 25th regulations and regulatory documents periodic cleanup should protect citizens, legal persons and other organizations the right to participation and the right.
26th Government Legal Department should be set up in its Web portal regulations and regulatory files column, published regulations and regulatory documents implementation, assessment and cleanup work after the legislative information such as, the establishment of public feedback column to facilitate public comments and suggestions.
27th citizens, legal persons and other organizations can be by letter, telex, fax and e-mail and online comments to the Government Legal Department or other government departments on regulations and regulatory document cleanup suggestions and recommendations.
28th a citizen, legal person or any other organization regulations, normative document cleanup suggestions, developing organs of government legal departments or regulatory, normative documents of enforcement shall, upon receipt of the recommendation in the 15th with a response. Article 29th implementation of rules, normative documents of the Government authorities and departmental normative documents developed in accordance with the provisions of article eighth, cleaning and cleaning on a regular basis, regulations, government regulatory documents formulated by the Government legal departments at its agencies ordered to rectify; departmental normative documents formulated by the Government legal departments at ordered to rectify.
Have a significant impact, directly responsible for principals and persons shall be subject to punishment.
30th article regulations, and Government normative file of implementation organ and sector normative file of developed organ not according to this provides tenth article, and 11th article provides, in provides term within on regulations, and normative file implementation situation for assessment of, on regulations, and Government normative file, by sibling government legal sector drew attention to the its developed organ ordered its deadline corrected; on sector normative file, by sibling government legal sector ordered developed organ deadline corrected.
Article 31st of township (town) Governments to regularly clean up the reference to the provisions of normative documents. 32nd these provisions come into force on October 15, 2009.