Normative Documents, Huainan City Challenge Review

Original Language Title: 淮南市规范性文件异议审查办法

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Normative documents, Huainan city challenge review

    (July 31, 2008 7th meeting consideration of Huainan city people's Government on August 4, 2008, 115th Huainan city people's Government promulgated as of October 1, 2008) in order to strengthen the supervision of the abstract administrative action in article corrected illegal administrative acts, protect the legitimate rights and interests of citizens, legal persons and other organizations, Anhui Province, in accordance with the provisions of the law on administrative law enforcement supervision regulations, such as the host computer, combined with the city's actual, these measures are formulated.

    Article standard documents in these measures refers to administrative organ or organization authorized the exercise of administrative authority, in accordance with provisions of laws, regulations, rules and other higher-level law, within its statutory authority, in accordance with the statutory procedures, standardizing administration, publicly and repeatedly apply, universally binding files.

    Third objection review, receive, review and decision procedures apply.

    Article citizens, legal persons or other organizations (hereinafter referred to as proponent) considered normative documents illegal or inappropriate, objectionable, during the period of normative documents, can contribute to the normative documents on the organs of Executive Authority (hereinafter referred to as objections censors) written objection to review proposals.

    Municipal people's Government development of normative documents, it is recommended that people can dissent review recommendations to the municipal people's Government, or objection review recommendations to the provincial or municipal people's Congress.

    Recommended that objection review proposal shall set forth the proposed people's name, contact information, and objection review bodies called for a review of normative document text, proposals which, according to materials.

    Article fifth objection review of rule of law institutions responsible for specific objections to review matters, carry out the following functions:

    (A) the objection review recommendations;

    (B) the enacting body investigate the normative documents, access to the relevant documents and information;

    (C) conduct a review of the legality and appropriateness of regulatory documents, formulate objections review comments;

    (D) objection review drew attention to dissenting opinions have been considered decisions;

    (E) objections to lower administrative authority to review the supervision and inspection.

    Authorities and their organs shall assist legal agencies handling objections to review matters, and in accordance with the deadlines submission to legal review.

    Sixth objection objection review with review authority shall follow the principles of lawfulness, fairness, timeliness and convenience, and any mistake shall be corrected to ensure legitimate appropriate normative documents. Article seventh after objection objection received to review recommendations of review bodies, should be carried out in the 3rd review, does not meet the provisions of these measures inadmissible, and shall inform the applicant do not fall within the accepted, it shall notify the proponent submitted to the relevant objection review bodies; on not-fully equipped requires correction of recommended materials, should be told to rectify all the material at once.

    Fails to inform that, from the date of receipt of the recommended materials for admissibility.

    Objection to review recommendations of the eighth under any of the following circumstances, inadmissible:

    (A) the proponent has proposed to the other objections censors objected to review;

    (B) in an application for administrative reconsideration of normative documents submitted in conjunction with recommendations of the review of legality;

    (C) the same normative documents, other proponents have objected to review recommendations;

    (D) other circumstances as legally inadmissible.

    The preceding paragraph (c), objection objection review decisions already taken by the review authority, was inadmissible at the same time, written objection review decision to the proponent; is being arranged, it shall notify the proponent until the objection review once a decision to serve.

    Nineth objection review authority shall accept the objection have been suggested within 3rd day of, objection to review proposals send a copy of normative documents, the enacting body shall from the date of receipt of the copy in the 5th, a written response, provide relevant according to the material to the objection review bodies.

    Article tenth objection review of the Agency's legal authority to review regulatory documents, comment on upon objections considered and passed by censors, and objection review decisions taken in accordance with the following provisions:

    (A) the normative documents legal, appropriate and legitimate decision the normative documents;

    (B) normative document content is illegal or clearly inappropriate, and may decide to revoke the normative documents, you can also order the enacting body to modify or repeal the normative documents;

    (C) to develop these measures are not in accordance with the requirement to furnish the basis material of the Nineth, considered unfounded the normative documents, decided to revoke the regulatory documents.

    11th objection review authority shall accept the objection review recommended that the objection within the 30th of review decisions, make objection reviewed the decision in writing recommended.

    12th objection period under review, normative documents do not stop execution; but one of the following circumstances, you can stop the execution:

    (A) develop it deems it necessary to suspend;

    (B) objection to review it deems it necessary to suspend;

    (C) recommended that stopped implementation of the recommendations and objections review organ considers the request to be reasonable suspension of execution is decided;

    (D) other circumstances shall suspend execution according to law. 13th objection period under review, the dissent review bodies that need a higher level administrative organs, objections during the review stops.

    Objection review suspension shall notify the proponent, after getting the approval shall immediately resume the objection review process.

    14th under any of the following circumstances, objection review terminated:

    (A) the objection review before a decision, proponents of withdrawal of an objection review recommended;

    (B) the objection review recommendations accepted, normative documents have been abolished, failure;

    (C) terminate in other circumstances.

    Objection review terminated shall notify the proponent. 15th objection review's proposal, objection review authority without justifiable reasons not to accept, or accept a written reply within the statutory time limit upon, it is recommended that people can dissent review of complaint with the administrative organs at a higher level.

    Upper level administrative organ shall order the correct order is still not corrected, the persons responsible shall be given administrative sanctions, if necessary, can directly accept the objection review recommended the executive authorities at a higher level.

    Recommended that the objection is dissatisfied with a decision under review, from the date of receipt of the written decision on the objection review in the 10th, to appeal to the objection on the censors ' level executive.

    16th objection handling objections review recommendations of review bodies, may be charged to the proponent for any costs. 17th these measures shall come into force on October 1, 2008.