Provisions Of The Shantou City Government's Administrative Decision Legal Review

Original Language Title: 汕头市人民政府行政决策法律审查规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Provisions of the Shantou City Government's administrative decision legal review

    (August 22, 2008 Government of Shantou 31st Executive session on August 28, 2008 Government of Shantou announced the 107th come into force on November 1, 2008) Chapter I General provisions

    First in order to further improve the Shantou City Government (hereinafter "the city") decision-making mechanisms in accordance with law, improving the quality of decision-making and administrative capacities, strengthening the decision-making responsibility, building the rule of law that the Government, in accordance with the relevant provisions of laws and regulations, combined with the city's actual, these provisions are formulated.

    Provisions of this article apply to the Municipal Government's administrative decision legal review.

    Legal review of administrative decisions in these rules refers to municipal government before making administrative decisions, the Legal Department (hereinafter the Department of Legal Affairs) Organization to the administrative decision of legitimacy and appropriateness of reviewing or auditing activities.

    To article legal review of administrative decisions include: major administrative decision legal review, normative documents of the legal review, the specific matters of administrative law review.

    Fourth City Department of Legal Affairs is responsible for the legal review of the administrative decision and issue a written review or an audit opinion.

    Room Department of Legal Affairs may appoint a legal adviser to the Government, is responsible for the legal review of administrative decision work.

    Fifth legal review of administrative decisions should follow lawful fair, timely and efficient principles, rights and responsibilities as a unified, balanced personal interests, public interests and national interests.

    Sixth administrative legal review of the decision should be seen in the following:

    (A) it is inconsistent with the law and regulations;

    (B) whether it is consistent with WTO rules and the commitment of my Government;

    (C) whether the city's existing rules and regulations coordination, cohesion and other policy measures;

    (D) whether there is abuse of administrative discretion and administrative appropriateness issues;

    (E) the question of whether there are appropriate;

    (F) whether there are any other legal problems.

    Seventh article in order to improve quality and productivity, executive decision-drafting unit, Department of Legal Affairs, may invite attended previous related research, demonstration, and so on. , Department of Legal Affairs, eighth in the process of legal review of administrative decision, may appeal to the Municipal Government proposed hearing.

    Specific measures for hearing in accordance with the implementation of the provisions of the Shantou city government administrative hearing. Nineth municipal government in the administrative decision-making process, legal review, Department of Legal Affairs, should take fully into account observations or comments.

    On legal review views or audit views involved legitimacy defined of content, municipal Government Office, and administrative decision developed units or other units has objections of, to legal review views or audit views for associate; on legal review views or audit views involved appropriate sex of content, municipal Government Office, and administrative decision developed units or other units has objections of, should full description reason and according to, and drew attention to the municipal government according to reality balanced made decided.

    Chapter two major administrative decision legal review

    Before the tenth major administrative decisions made in City Government, should conduct a legal review.

    11th article referred to in these provisions refers to the major administrative decisions made by the municipal government involved in local economic and social development, covers a wide range of society, professional, and administrative decision-making matters closely related to people's interests, including:

    (A) major policy measures on economic and social development, the city plans, annual plans for national economic and social development;

    (B) all kinds of important regional planning and overall planning, special planning;

    (C) the financial budget preparation, major financial arrangements (including items of potential financial liability of financial), major investment projects of the municipal government, State-owned asset disposal and other important matters;

    (D) important administrative institutional fees and pricing of key commodities, the Government establishment and adjustment of prices of services;

    (E) resource utilization, environmental protection, labour and employment, population and family planning, social security, education, health, food and drug, housing, safety, transportation, urban management of major issues;

    (F) reform of the administrative measures;

    (VII) significant measures in grass-roots democracy;

    (VIII) reward for important decisions of the municipal government;

    (I) the formulation and adjustment of a major public emergency plan for, require long-term implementation of traffic control measures;

    (10) other major administrative decision-making within the terms of reference of the municipal government.

    Specific matters and quantitative criteria of the major administrative decisions by the municipal government in the scope of the provisions of the preceding paragraph shall be determined.

    Before the 12th major administrative decisions, approved by the Mayor, Deputy Mayor in charge, Secretary-General of the municipal government, can, Department of Legal Affairs, drew attention to the legal review under the following periods:

    (A) after a major administrative decisions to develop formal escalation before the municipal government;

    (B) the major administrative decision reported to the Government after fully coordinated and approved by the Office of the municipal government;

    (C) the major administrative decisions before being submitted to the Standing Committee of the municipal government or the plenary.

    Article 13th decided to conduct a legal review of the major administrative decisions, the city government offices, major administrative decisions to develop unit, Department of Legal Affairs, and other relevant organizations should actively assist in, and at the specified time and to submit the following documents, and take responsibility for its authenticity, reliability, integrity:

    (A) the basic situation of the administrative decision;

    (Ii) the administrative decision relating to the laws, rules, regulations, and policy basis, in particular the prohibition provisions;

    (C) the administrative decision options description, feasibility and field practices in similar circumstances;

    (D) and the administrative decision related to the statistical data, investigation, analysis and evaluation of reports and other information;

    (E) the comprehensive material about the comments;

    (F) major administrative decision-making unit prepared by legal agencies or the legal counsel issued a legal opinion;

    (G) the municipal Legislative Affairs Department legal review required of other materials.

    Article 14th, legal departments need to add material, major executive decision drafting units should be filled in three business days; the urgency of the situation, within the time specified, Department of Legal Affairs, should be submitted.

    Major administrative decision drafting units according to the provisions to the City provided by the Department of Legal Affairs materials are available the day of the acceptance day.

    15th of municipal law departments of the major administrative policy for legal review, to undertake the following tasks:

    (A) to the relevant departments and units for investigation, if necessary, can go out to investigate;

    (B) to gather relevant information;

    (Iii) seminars, feasibility study meeting, ACC, for public comments in the form extensively listen to the views of the community;

    (Iv) legal advisory units of the Organization and experts as needed or demonstration.

    Article 16th major administrative decision for legal review, need to be open to the community for their opinions through the news media, should be at the Shantou Municipal Government published on the portal site.

    17th major legal review process of administrative decision-making forums, advice, feasibility study meeting, convened and presided over by municipal law departments, and major administrative decisions related to determine its size and the scope of participating units.

    18th City Department of Legal Affairs legal reviews of the major administrative decisions shall generally within 15 working days since the date of acceptance, legal opinions, or legal opinion, and report to the municipal government.

    15th article in the present provisions (a), (c), (d) provides the time, not counting law review within the time limits specified in the preceding paragraph.

    19th law review or law review comments should include the following:

    (A) according to the laws, regulations, rules and policies;

    (B) the major administrative decisions on the legality of his basic analysis and conclusions;

    (C) the major administrative decisions on the appropriateness of existing problems;

    (D) of the major administrative decisions legitimacy and proper solution of the existing problems and comments;

    (E) the city Legal Department felt the need to the other issues raised by municipal government.

    20th plenary meeting of the Executive meeting of the municipal government or major administrative decisions, city departments shall attend the meeting of the legal system, and the description of legal reviews major administrative decisions.

    Article 21st major administrative decisions without review or not through a legal review, and shall not be submitted to the Standing Committee of the municipal government or the plenary, no decisions for the major administrative decisions of the municipal government.

    Chapter III legal review regulatory documents

    22nd before publishing is hosted by the Office of the municipal government municipal government regulatory documents, legal review should be carried out.

    Municipal Legislative Affairs Department to host Government regulatory documents, legal reviews, audits, in accordance with the Government of Shantou to develop draft regulations and the development of relevant provisions of the regulations.

    Article 23rd municipality of normative documents in these rules refers to in addition to government regulations, the municipal government (including municipal offices, the same below) according to the statutory terms of release, of citizens, legal persons or other organizations that are not specific generally binding, the files can be applied repeatedly.

    24th City Office at the time of the municipal normative documents, except in accordance with democratic and scientific decision-making procedures for consultation and careful study, should also be separate normative document submission, legal review of the Department of Legal Affairs:

    (A) belonging to the General legal issues involved, in the form submitted manuscripts written before seeking the views of the Department of Legal Affairs;

    (B) belongs to the larger legal issue and involves the larger legal issues need to be handled carefully, and do not form a report presentation, referred to legal opinions issued by the Department of Legal Affairs;
(C) belongs to the larger legal issue and involves the larger legal issues need to be handled carefully, and has formed a report document, reported or submitted to the Municipal Executive Council before reporting your presentation,, Department of Legal Affairs, sent for legal review.

    25th of Municipal Office of the Department of Legal Affairs shall, according to the Municipal Government's requirement for legal examination of normative documents of the municipal government, provide legal review submissions or legal review submissions.

    Municipal legal departments of government regulatory documents procedures for legal review, and reference major relevant provisions of the legal review of administrative decision.

    Article 26th city regulatory documents adopted a law review or not through a legal review, the Municipal Government of the normative documents will not be released.

    The fourth chapter specific administrative law review

    27th the City Government in the handling of administrative matters before making a decision, deems it necessary, the matter can be referred to the Legal Department for legal review.

    28th specifically in these rules to administrative matters, including:

    (A) the Chief coordination matters;

    (B) involve government or Government-led major negotiations, contract;

    (C) the solution of the problems left over from history;

    (D) there are many legal disputes or other matters that involve larger legal issues need to be handled carefully.

    Article 29th the city Legal Department on specific matters of administrative legal review, may take the following forms:

    (I) participation in Administrative Committee on coordination, feasibility study meeting held under the auspices of the municipal government, legal advice presented orally;

    (B) according to the requirements of the Municipal Office for advice, written legal opinions;

    (C) according to the Government's request, provide legal review submissions or legal review submissions;

    (D) under the authority of municipal government, direct reception, dealing with administrative matters, shall deal with the report on municipal governments;

    (E) the provisions of laws and regulations, rules and other forms of municipal government requirements.

    30th of municipal Legislative Affairs Department legal review required for specific matters of administrative law review submissions or legal review submissions, its procedures, taking into account the major administrative decisions review of the implementation of the relevant provisions of the law.

    31st city Legal Department on specific administrative law review, should serve as important references dealing with the specific administrative matters of the municipal government.

    Fifth guarantee and liability

    Article 32nd cost of legal review of administrative decisions by the Municipal Department of Legal Affairs proposed special budget, municipal finance is guaranteed.

    Article 33rd participate in administrative decision-making, Department of Legal Affairs, legal review of staff and other persons, shall be subject to strict confidentiality rules.

    Market law review submissions or issued by the Department of Legal Affairs legal audit submissions, only for use by or within the Government communications unit, units or individuals shall not leak information to outsiders.

    34th article on need for legal review of administrative decision, municipal Government Office, and administrative decision developed units or other units not in accordance with this provides drew attention to the city legal sector for legal review, or not through legal sex review and directly submitted Municipal Government considered, led to decision errors and caused serious consequences of, by monitored sector according to about legal regulations and Shantou Government belongs work sector administrative heads asked accountability provisional provides, held about sector, and administrative heads and other directly responsibility personnel of responsibility.

    35th, Department of Legal Affairs in violation of the provisions of article, not to perform their duties, leading to wrong decisions of the municipal government and the consequences are serious, he shall bear the corresponding legal responsibility.

    36th article in violation of the provisions of article 33rd, in accordance with the People's Republic of China archive law or the People's Republic of China Law on guarding State secrets provisions concerned over the responsibility.

    The sixth chapter supplementary articles

    37th city government departments, affiliated institutions, it shall define the scope of administrative decisions of the entity, establish and improve the system of legal review of administrative decisions and standardize decision-making systems. Article 38th municipal government departments, affiliated institutions, within the competence of the administrative decision shall be subject to the rule of law institutions or legal counsel for legal review.

    Specific measures can refer to these provisions of the law review.

    39th district people's Government can be combined with local conditions, enact local district administrative decision legal censorship, and reported that the municipal government for the record. 40th article of the regulations come into force on November 1, 2008. July 19, 2002 issued by the Municipal Government of the Shantou City Government major decisions and legal review of certain provisions of the repealed simultaneously.