Hunan Provincial People's Government To Develop Local Regulations And Regulatory Options

Original Language Title: 湖南省人民政府制定地方性法规草案和规章办法

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(On October 10, 2003 Hunan Province Government 18th times Executive Conference considered through on November 7, 2003 Hunan Province Government makes 180th, announced since on January 1, 2004 up purposes) first chapter General first article for specification local regulations (following referred to regulations) draft and regulations developed work, improve regulations draft and regulations quality, according to People's Republic of China legislation method (following referred to legislation method), and State regulations developed program Ordinance (following referred to Ordinance),
    Combined with the facts of the province, these measures are formulated.
    Second draft provincial legislation and regulations are governed by these measures.
    Article draft legislation, regulations, should be guided by the legislation the legislative principles of the Act and the regulations, in line with the provisions of the Constitution, laws and regulations.
    Draft rules, regulations should proceed from reality, generally do not repeat the upper law provides content, specific, accurate and operable.
    Fourth provincial legal organization (hereinafter referred to as the provincial government legal agencies) for work on specific draft laws and regulations. Fifth chapter projects formulated regulations and rules should be approved.
    Provincial government departments or lower level people's Governments consider need to develop laws and provincial regulations shall be made to the provincial government approval of the project.
    Necessity of project applications including the development of rules and regulations, relating to the legal basis, the main problem to be solved and intends to establish the system of the main issues, and draft legislation, draft regulations advice and related resources.
    Sixth provincial government legal agencies responsible for project reviews.
    Legislation need not fully, the legislative purpose does not comply with the basic principles and policies the party and State, do not meet the requirements of the Socialist market economy and the transformation of government functions, not the project.
    The seventh article of the proposed draft regulations, regulatory controversy, government legal agencies should organize project feasibility study meeting to demonstrate.
    Project feasibility study meeting extensively gathering relevant departments and personnel to fully hear the views of participants.
    Eighth Government rule of law institutions in the last quarter of each year summarizing research on project applications, according to the province's overall deployment and the need for reform, development and stability, focused, balanced, elaboration of draft laws and regulations next year to develop work plans, submitted to the provincial people's Government for approval before implementation.
    Regulations the draft annual work plan, pending the approval of provincial government legal agencies report to the provincial people's Government, it should be full consultation with the provincial people's Congress Law Committee and related special committees. Nineth formulated draft legislation, draft regulations should be in accordance with the laws and regulations to develop work plans.
    According to the actual situation is absolutely necessary to increase the legislative projects, the proposed project should be supplemented by provincial government legal agencies demonstrate, reported to provincial people's Government for approval organization.
    Chapter drafted tenth draft regulations, regulations drafted by the provincial government organizations. Provincial Government can be determined by a Department or several departments specifically responsible for the preparation of draft legislation, regulations.
    On important projects or complex legal relationship, drafted by the provincial legal bodies or organizations can be determined, can also invite relevant organizations and experts participated in the drafting or commissioned organizations, experts in drafting.
    Article 11th draft regulations, regulations drafting Department composed of department heads and Department members participate in the drafting of the legal services group, develop a draft plan, leadership responsibilities, funding drafters implementation, work, finished drafting task.
    12th draft regulations, regulations shall comply with the following requirements: (a) effective protection of legal rights and interests of citizens, legal persons and other organizations, it should fulfil its obligations imposed at the same time, should provide the rights and guarantees of their rights of way.
    (B) reflect the unity Executive authority and responsibility, conferred on the executive authorities the necessary terms of reference at the same time, should provide the conditions for the exercise of the powers, procedure and shall bear the responsibility to avoid stressing the sector and interest.
    (C) embody the spirit of reform, scientific and normative administrative acts to promote government functions into economic regulation, market supervision, social management and public services.
    (D) in line with the principle of uniformity of the legal system, not to create local protection, impeding circulation and other prejudice fair competition provisions.
    (E) in line with the principle of simplification, uniformity and efficiency, simplification of administrative procedures, prescribed management practices and procedures should enhance work efficiency, facilitate the parties.
    (F) consistent with the facts of the province, subject-specific, clear, targeted and operable, can effectively solve practical problems.
    (G) the concept of well-structured, clear, clear, accurate terms, standard text, punctuation is correct.
    13th draft legislation, draft regulations, shall carry out thorough investigation and study, sum up experience, and through written and held seminars, feasibility study meeting, hearing and other forms, listen to the views of relevant bodies, organizations and citizens.
    Draft regulations, regulations concerning the major legal issues or special professional problems, drafting departments shall convene a feasibility study meeting, listening to the views of relevant experts or other professionals. Draft regulations, regulation directly involving citizens, legal persons and other organizations of interest, the drafting Department shall hold a hearing.
    On drafting of regulations, regulations, there are significant differences, high degree of public concern, drafting departments should publicize and seek the views of all sectors of the community. 14th draft of regulations, regulations related to other departments of the provincial responsibilities or work closely with other departments, drafting should be full consultation with other sectors.
    Relevant departments of the draft should be carefully studied, consent or to modify the views put forward, signed by the heads of major and stamped with the official seal of the Department, requested by drafting departments timely feedback.
    Drafting departments should seriously study the views of the relevant departments, on the reasonable views should be adopted; controversial views should be fully consulted on important issues, both heads of major should consult Chief full consensus still cannot be reached after consultation by both parties, drafting departments should report regulations and draft regulations demonstrate the circumstances and the reasons for it.
    Drafting regulations and rules concerning the relevant system and functions adjustment shall be carried out by provincial decisions on major issues, drafting Department should come up with solutions and submitted to the provincial people's Government for decision. 15th drafted regulations, regulations should be drafted the legal organization of the Department of audit, by the drafting department heads through collective discussion, draft form rules and regulations, mainly by the staff after the signing, reported to the provincial review.
    Several departments to draft drafting rules and regulations shall be signed by the head of drafting Department is mainly.
    16th article drafting sector submitted regulations, and regulations trial draft Shi, should submitted following file and material: (a) submitted review of asked; (ii) trial draft body; (three) trial draft drafting description; (four) about organ, and organization and citizens on trial draft problems of different views and the sector Zhijian consultations sign of original; held hearing of, should with hearing records; (five) about legal according to; (six) other about material.
    17th rules and regulations draft drafting instructions should include the following elements: (a) current situation and main issues to be normative matters, (ii) drafting of guiding ideology and principle, and (iii) provide the main measures and legal basis; (d) the related Department checks and the different treatment of the (v) other issues important to note.
    18th annual legislation plan, the drafting Department considered prior to 4 months to complete the drafting and submission review due to exceptional circumstances can finish drafting and report review, must submit a written report to the provincial people's Government, with a copy to the provincial government legal agencies.
    19th provincial government legal agencies should strengthen regulations, regulations drafting guidance and able to participate in early draft regulations, regulations drafted by the relevant research and demonstration work.
    The fourth chapter reviews the 20th regulations and draft regulations by the provincial government agency responsible for review of the legal system.
    Provincial government legal institutions main from following aspects on trial draft for review: (a) whether meet Constitution, and legal, and regulations provides, whether and other local regulations, and regulations phase convergence; (ii) whether meet this approach 12th article of provides; (three) whether right processing has about organ, and organization and citizens on regulations, and regulations trial draft of different views; (four) whether meet legislation technology of requirements; (five) need review of other content. 21st article regulations, and regulations trial draft has following case one of of, provincial government legal institutions can stride or returned drafting sector: (a) not included Province Government annual legislation plans of; (ii) by preliminary review, found developed regulations, and regulations of basic conditions is not mature of; (three) main content not meet this approach 12th article provides of; (four) legislation technology Shang exists major defects, need do full adjustment and modified of; (five) about sector on regulations, and regulations trial draft of main content exists larger dispute,
    Drafted without consultation with the authorities of the Department; (vi) report draft does not comply with the way to the 15th, 16th, 17th article.
    22nd provincial government legal agencies should be laws, regulations draft distributed to provincial government departments, the lower level people's Governments and relevant organizations, experts and the management of people for advice. Relevant departments and units, after experts received a rules and regulations draft, should seriously study and discuss timely feedback in writing. The written views of relevant departments of the provincial government, the lower level people's Governments feedback should be stamped with the seal of the entity.
    Fails to feedback their views in writing, no opinion.
    23rd provincial government legal agencies should be on legislation, draft regulations involve problems, reach out for field research, listen to the views of relevant organs, grass-roots organizations and citizens.
    Draft article 24th rules and regulations on important issues, the provincial government rule of law institutions should be convened by the organs, organizations and experts to participate in forums, feasibility study meeting, listening, research and demonstration.
    Rules and regulations draft directly involving citizens, legal persons or other organizations vital interests, there are significant differences of opinion, drafting departments during the drafting process was not open to the public for comment, did not hold a hearing, approved by the provincial government, provincial government legal agencies to the public for comments, or hearing.
    25th government legal agencies in reviewing rules and regulations in the draft process, drafting departments shall actively cooperate with.
    26th government legal agencies in reviewing rules and regulations in the draft process, should be objective and impartial, practical and realistic to treat a variety of different views.
    Institutions or departments concerned draft on rules and regulations related to the measures, have different views on issues such as management, permissions, Division of, the provincial government coordination of rule of law institutions should be carried out to reach consensus; can't agree, controversial problems, the relevant departments or agencies should be legal bodies reported to the provincial government and the provincial government decision. 27th provincial government institutions should seriously study the views of the legal system, after consultation with the drafting Department, make modifications to the draft regulations, regulations, forms and regulations, the draft regulations and the review of the draft notes.
    Review should include the rules and regulations, reviewing the basis and the necessity, to solve problems and identify the major measures, consultation of the major controversial issues and so on.
    Regulations, the draft regulations and review by the provincial government organs after the signing of the legal system, drew attention to the proposed recommendations for consideration by the Standing Committee of the provincial people's Government, or plenary meeting.
    28th provincial legal bodies or organizations to draft legislation, draft regulations, the provincial government organs after the signing of the legal system, drew attention to the proposed recommendations for consideration by the Standing Committee of the provincial people's Government, or plenary meeting.
    Fifth chapter decisions, publish and record 29th draft regulations and rules decided by the plenary session of the Standing Committee of the provincial people's Government, or. Plenary meetings of the Standing Committee of the provincial people's Government, or when the consideration of the draft regulations and rules, rule of law institutions described by the provincial government. With the rules and regulations relating to the content of the draft sector Chief to attend the meeting.
    Relevant departments have coordinated advice shall not be contested.
    Article 30th government legal agencies according to provincial executive meeting or plenary meeting to consider the views to modify the statutes, regulations, form a revised version of the draft and submit them to the Governor signed. Draft regulations by the provincial Governor signed a Bill, attention of the provincial people's Congress or the Standing Committee of the provincial people's Congress for consideration.
    Signed by the Governor of province people's Government promulgated the regulations.
    Drew attention to the draft regulations considered by the provincial people's Congress or the Standing Committee of the provincial people's Congress, drafted by legal organs on behalf of Department or provincial government provincial government briefly.
    31st rule upon signing and promulgation, the Hunan provincial people's Government Gazette and the Hunan journal shall be published in a timely manner.
    Regulatory texts published in the Bulletin of the Hunan provincial people's Government as a standard text.
    32nd regulation should come into force after the 30th from the date of promulgation, involving national security and released immediately after the execution could affect regulations the purpose of the exception.
    33rd regulation published in the 30th, reported by the Government legal agencies in accordance with the relevant provisions of the State Council and the Standing Committee of the provincial people's Congress for the record.
    The sixth chapter explains, amendment and repeal of the 34th rule, one of the following circumstances, interpreted by the provincial people's Government: (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.
    Comment rules interpretation by government legal agencies, submitted to the provincial people's Government announced.
    Regulations explanation has the same effect.
    35th provincial government legal agencies to study the regulatory inquiries on specific applications, to respond.
    36th article has following case one of of, about administrative competent sector or provincial government legal institutions should timely proposed modified, and abolition regulations, and regulations of recommends: (a) regulations, and regulations according to of upper method has modified or abolition of; (ii) regulations, and regulations main content was about upper method or other regulations alternative of; (three) regulations, and regulations specification of social reality occurred major changes of; (four) other should modified, and abolition regulations, and regulations of case.
    Provincial Government proposed a motion to modify, repeal regulations and modify, repeal regulations, reference to the relevant provisions of the measures.
    Seventh chapter supplementary articles article 37th Changsha city people's Government established regulations and does not have regulatory power of the people's Governments above the county level in accordance with law formulation, decisions and orders with General binding force is published, in accordance with the measures provided for program execution.
    38th local regulations, government regulations, official version, editing and publishing of foreign-language versions of the work, by the provincial government legal agencies.
                    39th these measures come into force on January 1, 2004.

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