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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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(Summit 24th ordinary meeting of the Government of the People of the Länder on 20 March 2004 to consider the adoption of Decree No. 6 of 20 March 2004 by the Government of the People's Republic of the Interior, which came into force on 26 April 2004)

Chapter I General
Article 1 provides for the democratization, scientificization, normativeization, enhancement of the draft legislation and the quality of regulations, in accordance with the provisions of the Legislative Act of the People's Republic of China (hereinafter referred to as the Legislative Act), the Regulations of the Department of State (hereinafter referred to as the draft regulations) and the relevant provisions of the Regulations (hereinafter referred to as the Regulations) in conjunction with the actual provisions of this city.
The draft legislation referred to in article II refers to the draft local legislation prepared by the municipality and brought to the General Assembly of the People's Representatives of the Länder (hereinafter referred to as the city) or considered by its Standing Committee (hereinafter referred to as the Standing Committee).
The regulations referred to in this provision refer to regulations developed by the municipal authorities.
The provisions apply to the application of the draft legislation, research, drafting, and clearance.
The regulations apply to such work as research, drafting, review, decision, publication, interpretation, filing, clean-up.
Draft legislation may provide for:
(i) National legislation, administrative legislation and provincial legislation are mandated;
(ii) To guarantee the implementation of constitutional, national legislation, administrative regulations and provincial legislation in this city;
(iii) States and provinces have not yet done so.
Article 5 may provide for:
(i) Matters requiring regulations for the implementation of legislation, administrative regulations, local legislation;
(ii) Specific administrative matters of this city.
Draft legislation and regulations should be formulated in accordance with the legislative principles established in the Legislative Act, the Regulations, in conformity with the constitutional, legal, legislative and regulatory provisions, and in the light of the actual needs of the city, the right and responsibility of State organs and the rights and obligations of citizens, legal persons and other organizations should be provided in a scientific manner.
Article 7
(i) The preparation of the draft legislation, which was approved by the municipal authorities, and the preparation of legislative bills to the Commission;
(ii) Preparation of regulatory plans for the implementation of the post-commune government approval;
(iii) Drafting legislation and regulations commissioned by the municipality;
(iv) Research findings in the preparation and implementation of draft legislation;
(v) Coordination with respect to differences in the relevant sectors in the preparation and implementation of draft legislation;
(vi) Approval of draft regulations drafted by the sector;
(vii) Regulation, interpretation and clean-up within the scope of competence;
(viii) Other relevant specific work in the preparation and implementation of draft legislation.
Article 8. The rule of law sector has established a Committee of Experts on Legislation to advise and guide the review of draft legislation, regulations and texts.
Article 9. The executive branch of the municipal government is the working sector for the preparation of draft regulations and regulations, and is responsible for the preparation of draft legislation and the development of regulations in the municipalities:
(i) To propose, upon request, draft regulations and proposed project proposals for regulations;
(ii) Draft texts of legislation, regulations and rules drafted by this sector, in accordance with the plan;
(iii) Research in the development, formulation and implementation of the draft legislation organized by the rule of law sector;
(iv) A review and analysis of the draft legislation and regulations relating to this sector, in cooperation with the rule of law sector;
(v) To provide advice on draft legislation, regulations and regulations, as required;
(vi) Participation in the preparation of draft legislation and the development of regulations, organized by the rule of law sector;
(vii) A description of the draft legislation commissioned by the municipality;
(viii) Drafting regulations that have been adopted by this sector to modify and repeal proposals and amendments;
(ix) An explanation of the regulations in accordance with the competence under this provision.
The preparation of draft legislation and the development of regulatory requirements should be included in the financial budget of the current Government.
Chapter II
Draft legislation or regulations should apply.
The departments that are to develop draft legislation or regulations should complete the project sheets for the legislative planning of the Länder or the Regulations Development Plan Project Table.
These statements generally include the following: the name of draft legislation or regulations, the drafting sector, the formulation of purpose, the development of the basis and other major matters.
Following the signing by the head of the department and the incorporation of a public chapter in the Gégué sector, the statements are submitted to the rule of law sector by a specified time frame for application.
The rule of law sector, in conjunction with the economic and social development of the city and the practical needs to be opened for reform, conducts an integrated balance of the application, prepares and regulations for the consideration of the municipal government meetings. The regulations have been developed after the approval of the Standing Committee of the Municipal Government, and the draft regulations have been prepared for adoption by the Standing Committee of the Municipal Government, following the approval of the Commission.
Draft legislation crafts plans and regulations for each year.
The local legislation and regulations projects that have been included in the Legislative Plan of the Standing Committee of the Municipalities or the regulations of the municipalities have been developed, in principle, are not changed and there is a specific situation where changes are required. Changes in local legislation projects are subject to the adoption of a bill by the Standing Committee of the Municipal Government, which may be changed by the approval of the municipal government.
Drafting
Draft legislation and regulations are generally drafted by municipal government organizations. The municipal government may determine whether a or several sectors are responsible for drafting, or may be drafted or organized by the rule of law.
Drafts and regulations that are more professional in nature may be invited to participate by experts, organizations or experts, organizations to draft them.
Drafting legislation and regulations should be designed either by the author or by a specialized drafting group responsible for drafting.
The name of the draft legislation is generally referred to as “regulations”, and according to the need, it may also be referred to as “the approach”, “the provision”.
The name of the regulations generally refers to “the provision”, “the approach”, “implementation rules”, but no “regulations”.
Draft legislation consists of article 17, paragraph as a basic unit, which may be established, in accordance with the content needs, in addition to subparagraphs, subparagraphs. The regulations are subject to article, paragraph as a basic unit; in addition to the complexity of the content, regulations may be added under articles, paragraphs.
The median figures of chapters, sections and orders vary according to chapter, paragraphs are not structured, and the number of Chinese figures is shown in the table below, with the aim of using the Arabic figures.
Draft legislation, regulations and regulations should be structured so as to be clear, concise and precise. Special mentions, earmarked terms, which should be interpreted as necessary.
Draft legislation and regulations should generally include:
(i) Purpose, legal basis and principles formulated.
(ii) Adjustment of target, scope and administration.
(iii) The functions, responsibilities and obligations of the executive branch and the relative rights and obligations of the administration.
(iv) Specific administrative matters, procedures and legal responsibilities.
(v) The imposition of administrative sanctions by organizations that are in compliance with the statutory conditions should be clearly defined.
(vi) The right to interpretation.
(vii) The date of entry into force and local legislation, regulations or documents to be repealed.
The draft legislation may make specific provisions in the context of the acts, types and scope of administrative penalties provided for by law, regulations.
The regulations may be specified within the scope of the penalties, types and scope provided for by law, administrative regulations, local legislation. No laws, regulations have yet been developed, and the draft legislation imposes administrative penalties for violations of the administrative order, in addition to restrictions on the freedom of the person and the suspension of the licence of the business of the enterprise; the regulations impose administrative penalties for violations of the administrative order that may be imposed for warning or a certain amount of fines, and the limits of the fine shall be applied to the relevant provisions of the Standing Committee of the People's Representatives of the Province.
The content of draft legislation and regulations should be consistent with the provisions of the Constitution, the law, administrative regulations and other superior laws and be consistent with the content of existing relevant local legislation or regulations.
Draft regulations, regulations drafted in article 22, which relate to the responsibilities of other sectors of the municipal government or in close association with other sectors, should be fully consulted by the drafting sector, with different views from that sector, and should be fully consulted; the consultations are still inconsistent and should be explained when they are sent to draft regulations or regulations.
Draft regulations, regulations should be drafted in depth, and studies should be carried out, taking into account the successful experience of other provinces, municipalities, listening widely to the views of the agencies, organizations and citizens concerned, fully analysing the evidence and effectively improving the transparency of administrative legislation. The hearings may take a written request, publish draft legislation or draft regulations in newspapers, hold a colloquium, analysts, hearings, etc.
The draft legislation, the content of the regulations concerned the interests of citizens, legal persons or other organizations, with significant differences among the organs, organizations or citizens concerned, and should be made public to the society and seek the views of the various communities of society; the drafting sector could also hold hearings. The hearings are organized in accordance with the following procedures:
(i) The public hearings shall be held and the drafting sector shall publish the time, place and content of the hearings by 30 days of the hearings and inform the rule of law in writing;
(ii) The relevant organs, organizations and citizens participating in the hearings shall be entitled to question and comment on the draft regulations, regulations and regulations drafted;
(iii) The hearings should produce a record of the main points and reasons for the record of the speaker;
(iv) The drafting sector should carefully study the views reflected in the hearings, draft legislation or regulations drafted should indicate the treatment of the hearings and the reasons for them when they are sent to the review.
Drafting notes should be written by the drafting sector after the draft regulations, regulations have been drafted. The drafting note should include the following:
(i) Status and main issues to be regulated;
(ii) The purpose, necessity and legislative principles of draft legislation or regulations;
(iii) Major measures and their legal basis;
(iv) The feasibility and expected effectiveness of implementation;
(v) Treatment of views;
(vi) Other issues that require clarification.
Article 26, when drafting a draft law and a draft regulations to be sent, the following documents and materials should be submitted:
(i) Reports of the review;
(ii) Draft legislation or regulations to be sent to the text and its electronic text;
(iii) Draft texts of legislation or regulations are being delivered and their electronic texts;
(iv) The main divergent views of the relevant organs, organizations and individuals on the draft legislation, the texts of the regulations, and the hearings should be accompanied by a record of the hearings;
(v) The relevant legal basis;
(vi) Other relevant materials.
Draft regulations, rules and issuances should be signed by the main heads of the drafting sector; the drafting sector should be co-drafted by the main heads of the respective departments.
The material included, inter alia, summary observations, research reports, relevant national and international legislative information.
The draft legislation, the texts of the regulations sent do not meet the provisions of articles 24, 25, and the rule of law may require the drafting sector to supplement the relevant missing documents and materials within 15 days. The drafting sector was not required to do so, and the rule of law sector could return to the drafting sector.
Review of chapter IV
The draft legislation, the draft regulations, and the texts of the draft articles are governed by the rule of law.
The municipalities should cooperate closely with the rule of law sector to conduct a review and coordination of draft legislation, regulations and draft texts.
The rule of law sector reviews the draft legislation and the draft regulations, inter alia:
(i) In conformity with the legislative principles established;
(ii) Whether or not the relevant local legislation, regulations are in line with, inter alia:
(iii) Have the right to deal with the views of the relevant departments, organizations, citizens on the main issues of the draft legislation or the rules of delivery;
(iv) In accordance with the technical requirements of the present provision relating to draft regulations and regulations;
(v) Other elements requiring review.
The draft legislation, regulations and issuances are one of the following cases, and the rule of law sector may be suspended or returned to the drafting sector:
(i) There is a greater controversy among the relevant bodies or departments with regard to the main regime set out in the draft regulations, the rules of delivery, and the drafting sector has not been consulted with the relevant bodies or departments;
(ii) The submissions are not in accordance with the technical requirements of the draft regulations and regulations set out in this provision.
The basic conditions for the development of regulations have changed and are not suitable for the development of regulations or may be suspended or returned to the drafting sector.
Article 33 The rule of law sector should send the draft revised texts, the texts of the regulations and the main issues covered by them to the relevant organs, organizations and experts for their comments. The authorities, departments and organizations have differed views on the main measures involved in the revision, the management system, the division of competence, and should provide written amendments and, upon time frames, the return of the rule of law to the rule of law.
The rule of law sector should convene a coordination conference with the participation of the relevant departments to harmonize the draft legislation, regulations and regulations; unanimity should be informed of the decisions of the municipal government on the basis of the reality.
Article 33, draft legislation, regulations and issuances directly involve the interests of citizens, legal persons or other organizations, with significant disagreements among the relevant organs, organizations or citizens, the drafting sector has not been made public in the drafting process or the holding of hearings, or the rule of law sector considers it necessary to hold further hearings, and the rule of law sector can be made available to the society through the approval of the municipal authorities, or hearings. The hearings were conducted in accordance with the procedure set out in article 23.
Draft article XIV, the draft regulations, and the texts of the draft articles covered important issues, and the rule of law should, if necessary, convene a colloquium, a colloquium with the participation of the relevant organs, departments, experts, to be heard and a research argument.
At the time of the above-mentioned meeting, the drafting sector could be called upon to participate, provide information, listen and answer questions.
The rule of law sector, on the basis of a careful study of the views of all parties, amends draft legislation, regulations and draft regulations and notes on the draft.
It should include the main issues to be addressed in draft legislation or regulations, the main measures established, coordination with the relevant sectors and expert advice.
Draft legislation, draft regulations and statements were submitted by the Director of the Rule of Law, after review and signing by the Director of the Rule of Law, to make recommendations for consideration by the Standing Committee of the Municipal Government.
The draft legislation was adopted by the Standing Committee of the Municipalities, which was submitted by the municipality to the Standing Committee.
Decisions and publication of chapter V
Article 37 shall be decided by the Standing Committee of the Municipal Government or by the plenary.
In considering the draft regulations, statements by the rule of law sector may also be made by the drafting sector.
Article 338 amends the draft regulations by the rule of law sector in accordance with the deliberations of the Conference concerned, forming a draft revised version of which may be signed by the Mayor to issue in the form of the Order of the Municipal Government.
The order of publication of the regulations shall contain the design organs, orders, titles of regulations, dates adopted, dates of application, mayors and dates of publication.
Article 40 shall be published in a timely manner in the Official Journal of the Municipal Government and in the Secretary-General's Bulletin.
The text of the regulations published in the Communiqué is the standard text.
Article 40 shall be implemented after 30 days of the date of publication; however, the publication will not be carried out immediately without prejudice to the application of the regulations and may be carried out from the date of publication.
Chapter VI Interpretation and documentation
Article 42 states that the right to interpretation is governed by the regulations.
The regulations are one of the following cases and are interpreted by the designating body:
(i) The provisions of the regulations require further clarity on specific meaning;
(ii) A new situation following the enactment of regulations requires clear application of regulations.
The review of regulatory interpretation takes place in accordance with the procedure for the review of draft articles. The interpretation of the regulations is equally valid.
Specific application issues of the regulations are described by the relevant executive branch of the municipality.
Article 43 was issued and the rule of law sector was submitted in accordance with the relevant provisions to the Department of State, the Standing Committee of the People's Representatives of the Chilin Province, the People's Government and the Municipal Council.
Chapter VII Clearance
The rule of law sector is responsible for the organization of regulatory clearance.
All relevant sectors of the municipal government should submit to the rule of law, as required, a clean-up of the regulations governing the organization.
Article 42 states that:
(i) Regulations are inconsistent with the provisions of the new laws, administrative regulations or other superior laws;
(ii) The laws, regulations, which are based upon the enactment of regulations, have been amended or repealed;
(iii) The need for real work should be reduced or modified;
(iv) replace old regulations with new regulations;
(v) Other cases requiring modification or abolition.
Article 46 Amendments to regulations are governed by procedures.
The repeal of the regulations is reviewed by the rule of law sector and repealed after the approval of the municipality.
Article 47 states that the rule of law sector is responsible for the compilation of regulations in accordance with the relevant provisions of the Regulations Governing the Publications Regulations.
Chapter VIII
Article 48
Article 49 The provisions of the Government of the Länder on the procedures for the development of regulations (No. [1992]7) were repealed.