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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

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Rule of law review of the executive decision-making process of the people of the city

(The 31st ordinary meeting of the Government of the Challenge of 22 August 2008 considered the adoption of Decree No. 107 of 28 August 2008 on the Royal Government of the municipality, which came into force on 1 November 2008)

Chapter I General

Article 1, in order to further refine the mechanisms for decision-making of the municipality (hereinafter referred to as “the city government”), to improve the quality and administrative capacity of decision-making, to strengthen decision-making responsibilities and to build the rule of law, in line with the provisions of the relevant laws, regulations and regulations.

Article 2

The administrative decision-making review referred to in this provision refers to activities organized by the municipal authorities before administrative decision-making, to review the legitimacy and appropriateness of administrative decision-making by the municipal authorities (hereinafter referred to as the municipal rule of law sector).

Article 3. Legal review of administrative decision-making includes, inter alia, the review of major administrative decision-making laws, the legal review of normative documents and the legal review of specific political matters.

Article IV. The municipal rule of law sector is responsible for the legal review of administrative decision-making and for written review or review of opinions.

The municipal rule of law sector can entrust the Municipal Government's Legal Counsel with specific matters under review of administrative decision-making laws.

Article 5

Article 6

(i) Have laws, regulations incompatible;

(ii) Will be consistent with the WTO rules and the commitments of my Government;

(iii) Have been coordinated and brought into line with existing legislation, regulations and other policy measures in the city;

(iv) The question of whether there is a violation of the administrative appropriateness of the abuse of administrative discretion;

(v) Is there an appropriate problem;

(vi) There are other legal aspects.

Article 7. In order to improve the quality and efficiency of the work, the executive decision-making units may invite municipal rule of lawmakers to participate in relevant research, validation and other work during the previous period.

Article 8. The municipal rule of law sector may make a proposal for hearing to the municipal authorities in the course of administrative decision-making. The specific approach to the hearings is to be implemented in accordance with the provisions of the administrative decision-making hearings of the people of the city.

Article 9. In the administrative decision-making process, the Municipal Government shall give full consideration to the legal review of the municipal rule of law or to the review of views. The legal review opinions or the review of the opinions concerned the definition of legality, the Office of the Municipal Government, the administrative decision-making structure or other units were subject to legal review opinions or approval; the legal review opinions or the examination of the opinions involved appropriate elements; the Office of the Municipal Government, the administrative decision-making unit or other units should be contested; the grounds and basis should be fully explained and relied upon and brought to the Municipal Government to take a decision on the basis of a comprehensive balance in practice.

Chapter II

Article 10 Priorities for major administrative decision-making in the municipality should be reviewed by law.

The major administrative decisions referred to in this Article refer to administrative decisions taken by the municipal authorities concerning economic and social development in the region, the breadth, professional strength and the close relationship of the people's interests, including:

(i) Major policy measures in the economic and social development of the city, planning for economic and social development, annual plans for the national population of the city;

(ii) Overall planning, important regional planning and specific planning;

(iii) Financial predetermined preparation, major financial funding arrangements (including projects that may require financial responsibility), major investment projects in the municipality, national asset disposal;

(iv) Major administrative fees and the identification and adjustment of important commodities, services prices for Governments;

(v) Significant matters such as resource development, environmental protection, labour employment, social security, population and family planning, education, health, food medicine, residential construction, safe production, transport, urban management;

(vi) Major measures for institutional reform;

(vii) Major measures in the area of democracy-building at the grass-roots level;

(viii) The important awards of the Municipal Government;

(ix) The development and adaptation of major pre-emptive public events cases and the need for long-term major transport control measures;

(x) Other major administrative decisions within the purview of the municipality.

Specific matters and quantification criteria for major administrative decisions are determined by law by the municipal authorities in the context of the preceding paragraph.

Article 12 Priorities for major administrative decision-making, with the approval of the Mayor, the Deputy Mayor and the Secretary-General of the Municipal Government, may be brought before the municipal rule of law in accordance with the following paragraph:

(i) Prior to the official presentation of the municipal government after the development of major administrative decisions;

(ii) Posts in major administrative decision-making to be reported to the municipality and are fully coordinated by the municipal government offices;

(iii) Major administrative decision-making prior to the submission of municipal government meetings or plenary deliberations.

Article 13. Major administrative decision-making for the legal review, the Office of the Municipal Government, the major administrative decision-making body and other relevant units should actively assist the municipal rule of law sector by providing time and requesting the following material and accountable for its authenticity, reliability and integrity:

(i) The basic situation of the administrative decision-making;

(ii) Legal, regulatory, and policy bases relating to the administrative decision-making, in particular the prohibition of sexual provisions;

(iii) Options for administrative decision-making, the feasibility note and field practices in similar situations;

(iv) Information relevant to the administrative decision-making, investigation analysis and assessment reports;

(v) Consolidated material on consultation;

(vi) Legal advice from a body of the rule of law or legal counsel developed by major administrative decisions;

(vii) Other material required by the municipal rule of law in carrying out legal review.

Article 14. The municipal rule of law sector considers that additional material is needed, and the major administrative decision-making units should be added within three working days; the situation is urgent and should be submitted within the time specified by the municipal rule of law.

The material provided by major administrative decision-making units to the municipal rule of law sector is received on the date of this provision.

Article 15. When the municipal rule of law conducts a legal review of major administrative decisions, the following can be done:

(i) To conduct investigations into the relevant sectors and units and, where necessary, to carry out studies;

(ii) To collect information;

(iii) Broadly listening to the views of the various communities of society, including through colloquiums, memorials, coordination meetings and public consultation;

(iv) Legal advice or argument based on the need for relevant units and expert scholars.

Article 16 provides for a legal review of major administrative decisions and requires the public consultation of society through the media, which should be published on the main municipal government portal.

Article 17 Colloquiums in the course of the review of major administrative decision-making, the consultation, the quest for an opinion, the symposia, the Chamber of Deputies, which is to be convened and chaired by the municipal rule of law and to determine the size and participation of the meetings in accordance with the scope of the major administrative decisions.

Article 18 provides for a legal review of major administrative decision-making by the municipal rule of law, which should generally be submitted within 15 working days of the date of admissibility, for legal review opinions or for legal review and for the presentation of the municipal government.

The duration of the activities set out in article 15, subparagraphs (i), (iii), (iv), shall not be calculated within the legal review period specified in the preceding paragraph.

Article 19

(i) Relevant legal, legislative, regulatory and policy bases;

(ii) Basic analysis and conclusions on legitimacy of major administrative decisions;

(iii) Major issues in the appropriateness of major administrative decisions;

(iv) Recommendations and observations on the legitimacy and appropriateness of major administrative decisions;

(v) The municipal rule of law sector considers it necessary to raise other issues to the municipality.

Article 20

Article 21, Major administrative decisions are not reviewed by law or are not reviewed by legitimacy, and are not submitted to the Standing Committee of the Municipal Government or to the plenary for its consideration, and the municipality does not take a decision on this important administrative decision.

Chapter III Legal review of normative documents

Article 2

The municipal government's normative documents, conducted by the municipal rule of law sector, are reviewed, reviewed and reviewed and implemented in accordance with the relevant provisions of the draft regulations and regulations established by the Royal Government of the city.

Article 23 of the present provision refers to the normative documents of the municipal government, which, in addition to the regulations of the municipal government, are issued by the municipality (including the Office of the Municipal Government, with the same authority) in accordance with its statutory mandate, which are generally binding on non-special citizens, legal persons or other organizations, which may be applied repeatedly.

Article 24 The Office of the Municipal Government shall, in addition to the extensive consultation and careful study in accordance with democratic, scientific decision-making processes, submit normative documents to the municipal rule of law in different circumstances:

(i) That is a matter of general legal issues, seeking the views of the municipal rule of law in writing prior to the preparation of the presentation;

(ii) It is a matter of greater legal controversy or involving greater legal issues that require careful treatment and does not form a presentation, and requests the municipal rule of law to give legal opinions;

(iii) It is a matter of greater legal controversy or involving greater legal issues that require careful treatment and which has resulted in the presentation of the report, before the submission of the present report or before the consideration of the Standing Committee of the Municipal Government, a legal review of the rule of law sector takes place.

Article 25 The municipal rule of law sector should require a legal review of the normative documents of the municipal government, in accordance with the time frame proposed by the Office of the Municipal Government, with legal review opinions or legal clearances.

The municipal rule of law sector is governed by the procedures and modalities for the legislative review of the normative documents of the municipal government, taking into account the relevant provisions of the major administrative decision-making process.

Article 26

Chapter IV Legal review of specific political matters

Article 27 Before taking a decision on the treatment of specific political matters, the Municipal Government considered it necessary to refer the matter to the municipal rule of law for legal review.

Article 28 states specific political matters, including, inter alia:

(i) Government coordination matters;

(ii) Significant negotiations, major contracts involving the Government itself or the Government;

(iii) A solution to the legacy of history;

(iv) There are greater legal disputes or other matters that involve greater legal issues requiring caution.

Article 29 provides for a legal review of specific political matters by the municipal rule of law sector, which may take the following form:

(i) Participated in the Conference of Governmental Coordination held under the auspices of the Municipal Government, and in the event of an oral legal opinion;

(ii) A written legal opinion, as requested by the Office of the Municipal Government;

(iii) In accordance with the requirements of the municipality, a legal review of opinions or a legal review of the opinion;

(iv) Direct receipt, processing of specific political matters, in accordance with the authorization of the municipality, and reporting on the situation to the municipalities;

(v) Law, regulations, regulations and other forms of government requirements.

Article 33 Legal review of specific political matters by the municipal rule of law sector requires a legal review of opinions or a legal review of the opinion, which is carried out in the light of the relevant provisions of the major administrative decision-making process.

Article 31 of the municipal rule of law sector's legal review of specific political matters should serve as an important reference for the municipal government to deal with this specific matter of government.

Chapter V Guarantees and responsibilities

Requirements for the review of the administrative decision-making process are provided by the municipal rule of law sector with a specific budget that guarantees the city's finance.

Article 33 Staff of the municipal rule of law and other associated personnel involved in the review of administrative decision-making laws should be strictly disciplined.

The municipal rule of law sector offers a legal review of opinions or a legal review of the opinion, which is used only within the Government or in the communications unit, and the relevant units or individuals shall not be disclosed outside the country.

Article 34 provides for administrative decision-making requiring legal review, the Office of the Municipal Government, the administrative decision-making structure or other units have not been brought before the municipal rule of law in accordance with this provision, or have not been submitted directly to the municipal government for consideration, resulting in misappropriation of decision-making and serious consequences, and the responsibility of the inspectorate, in accordance with the relevant legal regulations and the provisional provision of accountability for the executive heads of the authorities responsible for the functioning of the commune.

Article XV of the municipal rule of law, in violation of this provision, does not carry out its duties in accordance with the law, resulting in a failure of the city's decision-making and the grave consequences, and should be held in accordance with the law.

Article 36, in violation of article 33 of the present article, is responsible for prosecution in accordance with the provisions of the archives of the People's Republic of China or the conservative State secret law of the People's Republic of China.

Annex VI

Article 337 branches of the municipality, the agencies of the Principality should define the scope of administrative decision-making of this unit in accordance with the law and establish a system of administrative decision-making for the sound unit and a regulatory decision-making system.

Article 33 Eighteen municipalities, direct agencies, administrative decision-making under their purview shall be subject to a legal review by this body of law or legal advisers. Specific approaches to legal review may be implemented in the light of this provision.

The Government of the population of the regions of Article 39 can work in conjunction with local realities to develop a system of administrative decision-making in the region and to report on the municipal government.

Article 40 A number of provisions were reviewed by the Government of the municipality of 19 July 2002 for the review of the major decision-making laws of the commune government.