Jilin Province, Regulations Normative Documents Methods Of Supervision

Original Language Title: 吉林省规章规范性文件监督办法

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(July 13, 2005 6th meeting consideration of the people's Government of Jilin province on July 25, 2005, 177th promulgated by the people's Government of Jilin province as of October 1, 2005) first in order to maintain the unity of the Socialist legal system, strengthen supervision of regulations and regulatory documents, in accordance with the People's Republic of China legislative act, the Archivist filing of regulations and ordinances and the relevant provisions of the administrative regulations of Jilin province and practical, these measures are formulated.
    Second way applies to regulations established by the major city of the province, belongs to the provincial government departments, municipal and Government at all levels and the supervision of the regulatory documents of his Department.
    Third government legal departments at all levels are regulatory, normative document supervision Department, under the leadership of the Government at the corresponding level of the level of Government-owned sector and lower levels of Government and their departments to develop regulations and regulatory documents are legitimate and appropriate supervision.
    Government departments at all levels legal agencies are responsible for the specific work, normative documents of the system monitor.
    Fourth rule shall be published in the 30th to the Government legal departments to submit for the record.
    At all levels of the Government's regulatory documents shall be published in the 15th upper level government legal departments to submit for the record.
    Government departments at all levels to develop regulatory documents shall be from the date of release to the Government legal departments to submit for the record the same level in the 15th.
    Two or more administrative organs have developed regulatory documents shall be published in the 15th by the host authorities to ensure the common government legal departments to submit at a higher level for the record.
    Article fifth submit the regulations and regulatory documents filed shall submit 5 copies of regulations and regulatory documents, filing reports and notes 1.
    Record report should indicate how and when ' publication of regulations and regulatory information shall identify the reasons and basis for developing regulations and regulatory documents.
    Submit the regulations and regulatory documents for the record, the conditions shall simultaneously submit electronic copies of regulations and regulatory documents.
    Sixth regulation, normative documents Development Authority shall, each year before the end of January, will be laid down by the previous year's regulations and regulatory documents submitted to the level or on the level of Government Legal Department.
    Article government legal departments at all levels should work in the first quarter of each year to the level of Government-owned sectors, lower levels of Government and their departments last year regulations and regulatory documents and check the record, can also do not regularly check as needed.
    Government legal departments to implement inspection, is issued as required by inspection authorities shall register and the text of regulations and regulatory documents, explain the rationale and basis for developing regulations and regulatory documents.
    VIII article citizens, and corporate or other organization think regulations, and normative file illegal, and improper of, can to has jurisdiction right of government legal sector proposed review application: (a) think Government developed of regulations, and normative file illegal, and improper of, to developed organ of superior government legal sector proposed review application; (ii) think Government belongs work sector developed of normative file illegal, and improper of, to developed organ of this level or superior government legal sector proposed review application.
    Receipt of Government have no jurisdiction over the Department of Legal Affairs, it shall notify the applicant to apply to the Government legal departments having jurisdiction, or within 3rd transfer jurisdiction over the Government Legal Department.
    Article citizens, legal persons or other organizations to review the application of regulations and regulatory documents, should be submitted in writing, and provide the name of regulations and regulatory documents and dispatch font size.
    Tenth Government Legal Department shall accept regulations and regulatory review document review within 60 days from the date of application, make a decision, and notify the applicant accordingly.
    11th article levels government legal sector on this level Government belongs work sector, and subordinate Government and belongs work sector developed of regulations, and normative file, on following matters for review: (a) whether beyond permission; (ii) whether violation upper method of provides; (three) provides whether appropriate; (four) whether against statutory program; (five) whether according to Jilin Province Government on regulations and other normative file confirmed and announced of several provides (JI Decree 147th,) provides of way announced.
    12th levels of government legal departments when reviewing regulations and regulatory documents, need comments from relevant government departments to assist in the review, or work, the relevant authority shall reply within the prescribed; need to develop regulations and regulatory documents to explain the situation, describe relevant formulation organ shall, within the prescribed period.
    13th article levels government legal sector review regulations, and normative file found problem of, according to following provides respectively processing: (a) regulations beyond permission, violation upper method of provides, provides not appropriate, or against statutory program of, by provincial government legal sector ordered developed organ deadline itself corrected, again announced; late not corrected or refused to corrected of, provincial government legal sector can decided suspended implementation the regulations, while proposed processing views, reported provincial government decided.
    (B) normative documents of ultra vires and contravenes the provisions of the law, is not appropriate, or contrary to the legal procedure, the Government legal departments having jurisdiction shall order the enacting body period correct itself, republished; fails to correct or refuse to correct, has jurisdiction over the Government Legal Department decided to withdraw, and to the public.
    (C) no regulations and regulatory documents published in the prescribed manner, confirmed by the Government legal departments having jurisdiction is not valid.
    (Iv) content and superior law basic regulations and regulatory documents repeating, there is no necessary, government departments can develop his abolition of the legal system.
    (V) technical problems in developing regulations and regulatory documents, government legal departments can contribute to the development of organs dealing with comments by the enacting body to deal with.
    14th administrative authorities, laws and regulations authorized by the organization or organizations commissioned by the Executive does not have a universally binding administrative documents as a basis for administrative law enforcement, government legal departments having jurisdiction can confirm that it is not enforced effectively.
    15th regulation, normative documents of the enacting body shall, upon receiving the Government legal departments in the 30th, which will deal with in writing submitted to the Government legal departments of making treatment decisions.
    16th regulation, normative documents of the enacting body said government legal departments to make a decision is illegal, improper, may apply to the Government at the Department of Legal Affairs for review.
    Higher levels of Government the Department of Legal Affairs shall review the request for revision was received within 30th of, and informed authorities.
    17th Governments above the county level to establish regulations and regulatory documents to regularly clean up the system, rules cleaning once every 5 years, normative documents cleaned once every 3 years.
    Clean results, regulations and regulatory documents, should be made public and submitted to the Government at the Department of Legal Affairs.
    18th government legal departments at all levels should be before the end of February in each year to the level of Government and Government at the Department of Legal Affairs reported last year regulations and regulatory oversight in the file, and be informed.
    19th article regulations, and normative file developed organ has following behavior of, by about of government legal sector ordered corrected, give informed criticism, necessary Shi recommends this level Government or about organ held developed organ head and directly responsibility people of legal responsibility: (a) not submitted or not on time submitted regulations, and normative file record of; (ii) Government legal sector on regulations, and normative file developed and record situation implementation check Shi, not provides related information, hide real situation, refused to tie of;
    (C) the review process to the Government legal departments decided to refuse to perform or delay in implementation.
    20th government legal departments and their staff were not serious in fulfilling its oversight responsibilities, negligence, by all levels of Government or the competent authority to hold its head and persons directly responsible of legal responsibility.
    21st Department work the higher levels of Government to lower-level Government work departments monitoring implementation of normative documents, reference to these measures. 22nd article of the rules take effect on October 1, 2005.
                                          Published by the Jilin provincial people's Government on August 13, 1991 the provincial government abrogated the provisions of normative documents for the record.