Changchun Municipal People's Government, Local Regulations And Provisions Of Rule Making Procedure

Original Language Title: 长春市人民政府地方性法规草案和规章制定程序的规定

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(March 20, 2004, Changchun City people's Government, the 24th Executive meeting on March 20, 2004 6th Changchun City people's Government promulgated as of April 26, 2004) Chapter I General provisions article I in order to ensure this municipal people's Government (hereinafter referred to as the city) local regulations (hereinafter referred to as draft regulations) and the democratization, scientification and standardization of regulatory work, improve the quality of draft legislation and regulations, in accordance with the People's Republic of China legislative act (hereinafter
    Law of legislation), the State Council of the rulemaking Procedure Ordinance (hereinafter referred to as the regulations) regulations, combined with the city's actual, these provisions are formulated.
    Article draft legislation in these rules refers to developed and motion to the attention by the Municipal Government of Changchun Municipal People's Congress (hereinafter referred to as the municipal people's Congress) or its Standing Committee (hereinafter referred to as the city people's Congress Standing Committee) review of local regulations.
    Regulations in these rules refers to regulations established by the municipal government.
    Article III of the draft regulations item registration, research, draft, draw attention to auditing work, such as the application of this provision.
    Regulatory project, researching, drafting, review, decide, publish, interpretations, record keeping, cleanup work, such as the application of this provision.
    Fourth draft regulations can be made on the following provisions: (a) national laws, administrative regulations and local regulations mandated by the province, and (b) to ensure the Constitution, national laws and administrative regulations and local regulations in this city of the province, (iii) country and province, not legislation, the city's actual needs.
    Fifth rule can be made on the following provisions: (a) for the implementation of laws, administrative regulations, local regulations require regulatory matters, (ii) belonging to the city's administrative matters.
    Article sixth elaboration of draft laws and regulations should be in accordance with the legislation law, set out in the regulations of legislative principles, in line with the provisions of the Constitution, laws and regulations, from the city's actual needs, scientific and rational provision of organs of power and responsibility and the rights and obligations of citizens, legal persons and other organizations.
    Seventh article municipal government legal sector (following referred to legal sector) is Municipal Government is responsible for city legal work of full-time work sector, in municipal Government developed regulations draft and developed regulations work aspects, is responsible for following work: (a) prepared regulations draft of developed plans, reported Municipal Government approved Hou, developed to city Standing Committee proposed of legislation motion; (ii) prepared regulations developed plans, reported Municipal Government approved Hou organization implementation; (three) by municipal government delegate drafting or organization drafting regulations draft and regulations;
    (Four) organization or implementation regulations draft of developed and regulations developed process in the of research argument; (five) on regulations draft developed and regulations developed process in the the about sector of differences views for coordination; (six) audit sector drafting of regulations draft; (seven) permission range within of regulations record, and explained, and cleanup work; (eight) processing regulations draft developed and regulations developed process in the of other about specific work.
    Eighth Legislative Affairs Department set up the Committee of experts, the review of draft legislation, draft regulations to give advice, guidance.
    Nineth article Municipal Government the administration sector is developed regulations draft and regulations trial draft of work sector, in municipal Government developed regulations draft and developed regulations work aspects, is responsible for following work: (a) by requirements proposed developed regulations draft, and developed regulations of plans project recommends; (ii) according to plans drafting and trial by this sector is responsible for drafting of regulations draft, and regulations of trial draft; (three) participate in legal sector organization of about regulations draft of developed, and regulations of developed process in the of research argument;
    (Four) tie legal sector on about this sector of regulations draft and regulations of trial draft for audit and research argument; (five) for regulations draft, and regulations of sought views draft, by requirements proposed views; (six) participate in developed regulations draft, and developed regulations process in the by legal sector organization of coordination will; (seven) bear Municipal Government delegate of on regulations draft of description work; (eight) on has released of by this sector drafting of regulations, is responsible for modified and abolition recommends of proposed and the modified draft of drafting;
    (I) in accordance with the provisions of the right to interpret regulations, description.
    Article tenth requirements for the elaboration of draft laws and regulations, shall be included in the budget of the people's Governments at the corresponding level.
    11th chapter projects preparation of draft regulations or regulations shall apply for approval.
    Proposed regulations or regulatory departments should complete the Changchun City plan project table or the regulatory project scheduling.
    Completing the table typically includes the following: name of the draft laws or regulations, the drafting Department, established purpose, basis and other key issues.
    Fill in the table after it has been signed and stamped with the seal of the Department head, according to the prescribed Department of Legal Affairs, applications for approval. 12th Legislative Affairs Department of this municipality economic and social development and actual needs of the reform and opening up, after full investigation and demonstration of the project applications, a comprehensive balance plan the draft proposed regulations and regulatory programs, reported to the Standing Committee of the municipal government for its consideration.
    Regulatory plan Executive will enter into force after approval by the municipal government, draft regulations Executive meeting for discussion and adoption of the plan by the municipal government, submitted to the municipal people's Congress Standing Committee for approval before implementation.
    13th draft regulations and regulatory plans of planned, prepared once a year. Included in the legislative programme or municipal project of local laws and regulations of the regulatory plan projects, in principle, no change, there are special circumstances really necessary to change, it shall issue a written statement.
    Project of changes in local regulations shall be subject to Executive will be discussed after the adoption of the municipal government, submitted to the municipal people's Congress motion projects approved by the municipal government regulations can change. Chapter drafted 14th draft regulations and general regulations drafted by the municipal government.
    According to the actual needs of the Municipal Government to determine one or several departments responsible for drafting, also determines a drafted or drafted by the legal department.
    Professional knowledge of regulations and draft regulations, may invite the participation of relevant experts and organizations, may also appoint experts, organize the drafting.
    15th draft rules and regulations drafting departments shall designate or set up a special drafting group in charge of drafting work.
    16th title of the draft law known as "regulation" can also be called as needed "approach", "provisions".
    Name of the regulations generally refer to "rules", "way", "rules", but not "regulation". 17th to articles and paragraphs of the draft law as a basic unit; required by its content, you can set chapters, sections, articles, paragraphs can be added,.
    Regulations, as a basic unit; apart from the complex, and regulations are generally not chapters, articles, paragraphs can be added,.
    Serial numbers of the chapters, sections, articles with Chinese number sequentially, not numbered, ordinal in Chinese digital bracket order in order to sequentially number in Arabic numerals. 18th draft regulations and rules should be structured and clear, concise text, use those words exactly.
    In particular, special term, should make the necessary explanations.
    19th draft regulations, regulation of content should be included: (a) developing the aims, principles and legal basis.
    (B) the object and scope of application and the administrative authorities.
    (C) the powers, duties and obligations of the administrative authorities, the rights and obligations of the administrative relative person.
    (D) the specific administrative, procedural and legal liability.
    (E) organize the implementation of administrative punishments if needed in accordance with the statutory requirements, should be clearly stipulated.
    (F) the right to interpret.
    (VII) date of entry into force and repealed local laws, regulations, or file you want.
    20th draft regulations in administrative penalties stipulated in laws and regulations, types and ranges within the context of specific provisions. Regulations in the laws, administrative regulations, local regulations and penalties Act, specify the type and range.
    Not to make laws, regulations, and draft regulations on violation of administration order can be set in addition to the restriction of personal freedom and revoked business license of administrative penalties regulations for acts that violate the order of administration, you can set a warning or a certain amount of administrative penalties of fines, amounts of fine implementation of the relevant provisions of the Standing Committee of the Jilin provincial people's Congress.
    21st the contents of draft rules and regulations shall be consistent with the Constitution, laws, administrative regulations and the provisions of other higher-level law and compatible with the existing local laws or regulations and cohesion.
    22nd draft legislation, regulations, all close to other departments or with other departments of the municipal government, drafting departments should fully consult the views of the relevant departments, drafting Department and a different view of the sector, should be fully consulted by consensus is still not consistent, to submit draft regulations or draft regulations explained. Article 23rd draft legislation, draft regulations, should go deep into the realities, research, summarize the successful experience of other provinces, municipalities, and listen to the views of relevant bodies, organizations and citizens, full analysis, to improve the transparency of administrative legislation.
    Hearings may be in written comments, in a newspaper published draft regulations or draft regulations, holding forums, feasibility study meeting, hearing and other forms. 24th draft regulations and rules concerning citizens, legal persons or other organizations vital interests, related bodies, organizations or citizens have major differences of opinion, it should be announced to the public, solicit the views of the community, drafting departments may also hold a hearing. Hearing in accordance with following program organization: (a) hearing public held, drafting sector should in held hearing of 30 recently announced hearing of time, and locations and content, and written notification legal sector; (ii) participate in hearing of about organ, and organization and citizens on drafting of regulations draft, and regulations, right to questions and published views; (three) hearing should making record, truthfully records spokesman of main views and reason;

    (D) drafting departments should carefully study the hearing reflected a variety of views, preparation of draft legislation or regulations submitted for review, shall state the views of the hearing dealing with the situation and the reasons for it. 25th draft regulations and rules drafted after the drafting departments shall write to the drafting instructions.
    Drafting instructions should include the following: (a) current situation and main issues to be normative matters, (ii) the purpose of the preparation of draft laws or regulations, the principles of necessity and (iii) provide the main measures and legal basis and (iv) feasibility of implementation and expected results (five) on the handling of different views of; (vi) should be noted other problems.
    26th article drafting sector submitted regulations draft, and regulations trial draft Shi, should submitted following file and material: (a) submitted review of report; (ii) Regulations draft or regulations trial draft body and electronic text; (three) Regulations draft or regulations trial draft description body and electronic text; (four) about organ, and organization and personal on regulations draft, and regulations trial draft of main different views; held hearing of, should with hearing records; (five) about legal according to; (six) other about material.
    Draft legislation, draft regulations, shall be signed by the head of drafting Department is mainly; drafted in several departments, it should be signed by the heads of the relevant departments main.
    Related materials include summaries, research reports, and relevant legislation, and more. 27th submitted draft legislation, draft regulations does not comply with the provisions set forth in 24th and 25th, Department of Legal Affairs may request the draft sector supplement related imperfection in the 15th documents and materials.
    Drafting departments are not required to pay, legal department may return the draft drafting departments.
    Fourth chapter review of the 28th draft legislation, draft regulations by the Legal Department is responsible for the review.
    Government departments should work closely with the Department of Legal Affairs, good review of draft legislation, draft regulations, coordination.
    29th article legal sector main from following aspects on regulations draft, and regulations trial draft for review: (a) whether meet statutory of legislation principles; (ii) whether and about local regulations, and regulations phase meet, and convergence; (three) whether right processing about sector, and organization, and citizens on regulations draft or regulations trial draft problems of views; (four) whether meet this provides about regulations draft, and regulations of technology requirements; (five) other need review of content.
    30th article regulations draft, and regulations trial draft has following case one of of, legal sector can stride or returned drafting sector: (a) about institutions or sector on regulations draft, and regulations trial draft provides of main system exists larger dispute, drafting sector not and about institutions or sector consultations of; (ii) reported trial draft not meet this provides provides of developed regulations draft, and regulations of technology requirements of.
    Regulatory changes, not suitable for regulatory or stride or return the drafting Department. 31st Department of Legal Affairs shall be the preliminary revised draft legislation, draft regulations and the main issues involved sending relevant organs, organizations and experts for comments.
    Relevant organs, departments, organizations involved in the revised draft measures have different views, the Division of management, permissions, shall submit a written amendment, and time limits requirements seal the return to the Department of Legal Affairs.
    Articles 32nd coordination of the Department of Legal Affairs shall convene with the participation of relevant departments, to coordinate the draft rules, regulations; fail to reach a consensus, should be according to the actual situation, relevant departments and legal departments will be the major problems reported to the Government decision. Article 33rd draft legislation, draft regulations are directly involved citizens, legal persons or other organizations vital interests, related bodies, organizations or citizens have major differences of opinion, drafting is not announced to the public sector in the drafting process, did not hold a hearing or rule there again hearing necessary, approved by the Municipal Government to publicize the legal sector, can also hold a hearing.
    Held a hearing in accordance with the procedure provided for in article 23rd.
    Article 34th draft legislation, draft regulations on important issues, Department of Legal Affairs shall convene when necessary by the relevant authorities, departments, participation of experts in seminars, feasibility study meeting, listening, research and demonstration.
    When convening these meetings, drafting departments may be required to send participants, briefings, hearings, and answer questions.
    35th Legislative Affairs Department in all aspects on the basis of careful study, modifications to the draft legislation, draft regulations, forming on the draft regulations and draft regulations and instructions.
    Description should include draft legislation or regulatory problems to be resolved, and established the main measures, coordination with relevant departments and expert opinions, and so on.
    36th draft rules, regulations and instructions, reviewed and signed by the Department of Legal Affairs Director, drew attention to the proposed general recommendations for consideration by the meeting of the municipal government.
    Legislation after the Bill is adopted by the Standing Committee of the municipal government, by the municipality to the municipal people's Congress Standing Committee motion.
    Fifth chapter decisions and 37th rule municipal Government Executive meeting or plenary meeting.
    Consideration of the draft regulations, described by the legal department or by the drafting Department for instructions.
    Article 38th Department of Legal Affairs under the relevant changes to the draft regulations to the deliberations of the Conference, formed the amended draft, signed by Mayor, in the form of City Government ordered released.
    39th publishing rules of order shall set out the rules of the enacting body, serial number, rule name, date of adoption, date of execution, Mayor's signature and date of publication.
    40th regulations upon signing and promulgation, shall promptly in the Government Gazette and the daily published the full text of Changchun.
    Regulatory texts published in the Government Gazette as a standard text.
    41st regulation should come into force after the 30th from the date of promulgation; but not immediately after the announcement implemented could affect regulations to implement, can come into force on the date of promulgation.
    Record 42nd and sixth chapter explains regulations right to explain the enacting body.
    Regulations of one of the following conditions, interpreted by the enacting body: (a) the regulations needs to further clarify the specific meaning of; (b) the enactment of regulations there is a new situation, need to be clearly applicable regulations based on the. Regulations explain review in the light of draft review procedures.
    Interpretation of the regulations with the regulations shall have the same effect.
    On specific applications of the regulations, the relevant administrative departments of the Municipal Government is responsible for that.
    43rd after the rule is published, by the rule of law sector in accordance with the relevant provisions of the State Council, Jilin provincial people's Congress Standing Committee, the Standing Committee of the Jilin provincial people's Government and municipal records.
    Department of Legal Affairs is responsible for organization of the seventh chapter clean up 44th article cleanup.
    Relevant departments shall, in accordance with the regulations of the Department of the Municipal Government is responsible for implementing regulations clean up opinions submitted to the legal department.
    45th article regulations has following case one of of, should timely be modified or abolition: (a) regulations and new announced of legal, and administrative regulations or other upper method of provides inconsistent of; (ii) regulations developed Shi by according to of legal, and regulations has modified or abolition of; (three) for actual work need, should increases or decreases or modified its content of; (four) new regulations replaced old regulations of; (five) other need modified or abolition of situation.
    Article 46th regulations amend references to develop programs.
    Abolition of regulations, approved by the Department of Legal Affairs, after the approval of the municipal government abolished.
    47th Legislative Affairs Department in accordance with the relevant provisions of the law in editing and publishing regulations is responsible for compilation of the regulations, Compendium publishing regulations.
    Eighth chapter supplementary articles article 48th by the Department of Legal Affairs is responsible for organization and implementation. 49th article of the regulations come into force on April 26, 2004.
                                                                            The Changchun City Government regulations on the rulemaking process (the House [1992]7) and shall be annulled.