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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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(Adopted at the 18th ordinary meeting of the Government of the Southern Province, on 10 October 2003, No. 180 of the Order of the People's Government of the Southern Province of Lake Lakes, dated 7 November 2003, which was issued effective 1 January 2004)

Chapter I General
Article 1 provides for the regulation of the draft local legislation and regulations (hereinafter referred to as a guide) to improve the quality of the draft legislation and regulations, in accordance with the Law of the People's Republic of China (hereinafter referred to as the Legislative Act), the Regulations of the State of State (hereinafter referred to as the Regulations) and develops this approach in conjunction with the practice of the province.
Article 2
Draft legislation, regulations and regulations should be developed in accordance with the legislative principles established in the Legislative Act and the Regulations and in conformity with the provisions of the Constitution, laws, regulations and regulations.
Draft regulations and regulations should be drawn from practice and should generally not duplicate the provisions of the superior law; specific content, formulation and operational strength.
Article IV provides specific responsibility for draft legislation and regulations by the Provincial Government Rule of Law Institutions (hereinafter referred to as the Provincial Government Rule of Law).
Chapter II
Draft legislation, regulations and regulations should be established. The Ministry of the People's Government, or at the lower level, considers it necessary to establish regulations and provincial government regulations, and should submit to the Government of the province a request.
The application included the need for legislation, regulations, the legal basis for which the main issues to be addressed and matters such as the main regime to be established, as well as draft legislation, regulations recommendations and relevant references.
Article 6.
The legislative imperative is not sufficient and the legislative purpose is not in line with party and national basic approaches, policies that are incompatible with the economic development of the socialist market and the transformation of government functions.
Article 7. Draft regulations, regulations to be developed are more controversial, and the rule of law institutions of the provincial government should organize the holding of a warrant.
The hearings should be held widely among the relevant departments and personnel to fully listen to the views of the participants.
Article 8. The provincial government rule of law institutions conduct a summary of the application in the fourth quarter of each year, highlighting the need for overall deployment and reform, development and stability in the province, focusing on the integration of a balanced approach, the preparation of the next annual draft legislation and regulations, and the implementation of the provincial people's approval.
The preparation of the draft annual work plan for legislation and the provincial government rule of law institutions should be fully consulted with the Provincial People's Council on the Rule of Law and the relevant specialized committees before they were invited to ratify.
Draft legislation, regulations and regulations should be developed in accordance with draft regulations and regulations. In accordance with the fact that there is a need for additional legislative projects, additional projects to be proposed should be complemented by the provincial authorities' rule of law institutions, followed by the approval of the provincial Government.
Drafting
Draft legislation, regulations were drafted by the Government of the province.
The provincial people's Government may determine whether a department or several departments are specifically responsible for drafting draft legislation, regulations. The complexity of important projects or legal relations may be determined by drafting or organizing by provincial government rule of law bodies, or by inviting relevant organizations, experts to participate in drafting or entrusting the relevant organizations, experts with drafting.
The departments responsible for the draft regulations and the drafting of regulations should form drafting groups with the participation of heads of departments, members of the rule of law institutions, develop drafting plans, lead responsibility implementation, drafting personnel implementation, implementation of work funding, and timely drafting tasks.
Article 12 Drafting legislation and regulations shall be in compliance with the following requirements:
(i) To effectively guarantee the legitimate rights and interests of citizens, legal persons and other organizations, while providing for their obligations to be carried out, it should provide for ways in which their rights are realized.
(ii) To reflect the harmonization of the functions and responsibilities of the executive organs and, while giving the necessary authority to the relevant executive organs, the conditions, procedures and responsibilities that should be assumed to avoid highlighting sectoral powers and interests.
(iii) Reflecting the spirit of reform, scientific normative administrative behaviour and promoting the transformation of government functions to economic regulation, market regulation, social management and public services.
(iv) In accordance with the principle of the harmonization of the rule of law, provisions such as local protection, obstruction of market circulation and other barriers to fair competition may not be established.
(v) In line with the principles of simplification, harmonization, effectiveness and simplification of administrative procedures, the management measures and procedures set out should facilitate the efficiency of the work and facilitate the parties.
(vi) In line with the practice of the province, specific, clear, targeted and operationally, can effectively address practical issues.
(vii) Structural clarity, concept clarity, accuracy, language norms, symbols.
Drafting legislation, regulations should be carried out in-depth investigation studies, summarizing practical experience and widely listening to the views of relevant bodies, organizations and citizens through written and colloquiums, symposia, hearings, etc.
Drafting legislation, regulations relate to important legal issues or special professional technical issues, and the drafting sector should convene a demonstration to hear the views of experts or other professionals involved.
The draft legislation, the content of regulations relate directly to the interests of citizens, legal persons and other organizations, and the drafting sector should hold hearings. There are significant differences in the draft legislation, the content of regulations and the high level of public attention, and the drafting sector should be made available to society and seek the views of the various sectors of society.
Drafting legislation, regulations relating to the responsibilities of other departments of the Government of the province or to working closely with other sectors should be fully consulted by the drafting sector. The comments should be carefully studied by the relevant departments, with the advice of consent or modification, and with the signing and addition of the chapter of the main heads of the sector, the prompt feedback is requested by the drafting sector.
The drafting sector should carefully study the views expressed by the relevant departments and should be adopted; there should be sufficient consultation on the controversial observations; the main heads of the two sectors should consult on important issues; and the drafting sector should be informed and justified in the presentation of the texts, regulations and issuances, after full consultation among the key heads of the parties.
Drafting legislation, regulations relating to key issues relating to the management system, functional adjustment, etc., should be taken up by the provincial people's Government, and the drafting sector should propose solutions to inform the Government of the province.
Drafting legislation, regulations and regulations should be reviewed by the rule of law institutions in the drafting sector, with the collective discussions of the drafting sector heads, the adoption of legislation, regulations and drafts, which are submitted to the Government of the province following signature by the main heads of departments. The draft regulations, regulations, which were co-drafted by several departments, should be signed by the main heads of the drafting sector.
Article 16 shall be submitted to the following documents and materials when the drafting sector reports, regulations are delivered:
(i) Request for review;
(ii) The text of the communication;
(iii) A drafting note on the draft text;
(iv) The original of the consultations between the relevant organs, organizations and citizens on the main issues of the delivery of the draft articles and the departments; the holding of hearings should be accompanied by a record of the hearings;
(v) The relevant legal basis;
(vi) Other relevant materials.
Drafting notes on legislation, regulations and correspondence should include the following:
(i) Status and main issues to be regulated;
(ii) The drafting of guidance ideas and purposes;
(iii) Major measures and their legal basis;
(iv) The status of the meetings of the relevant departments and the treatment of different views;
(v) Other issues that require clarification.
Article 18 The drafting sector should complete the drafting process and submit a review by four months prior to the consideration under the annual legislative plan; the drafting of a written report must be submitted to the Government of the people of the province in the light of the fact that special circumstances cannot be completed and reviewed.
Article 19 The provincial government rule of law institutions should strengthen the guidance on draft regulations, regulations and drafting, and may be involved in the preparation of draft legislation, regulations and regulations in advance.
Review of chapter IV
Article 20 provides for a uniform review by the provincial authorities of the rule of law.
The provincial Government's rule of law bodies conduct a review of the delivery of the draft by:
(i) In conformity with constitutional, legal, regulatory and regulatory provisions, whether they are in line with other legislation, regulations;
(ii) In conformity with article 12 of this approach;
(iii) Whether the different views of the relevant organs, organizations and citizens on the texts of regulations and regulations were properly addressed;
(iv) In conformity with the requirements of legislative technology;
(v) Other elements to be reviewed.
Article 21 contains one of the following cases, and the provincial government rule of law institutions may be suspended or returned to the drafting sector:
(i) Not included in the annual legislative plan of the provincial government;
(ii) After a preliminary review, the basic conditions for the development of regulations and regulations are not ripe;
(iii) The main content is not in accordance with article 12 of this approach;
(iv) There are significant gaps in legislative technology and need to be fully adapted and modified;
(v) The main content of the texts of the texts of the regulations, regulations, and the drafting sector has not been consulted with the relevant departments;
(vi) The submission of the report does not meet the provisions of articles 15, 16 and 17 of this approach.
Article 2
When the departments, units, experts received legislative, regulatory advice, careful study, discussion and timely feedback. The written comments of the provincial Government on the feedback received from the lower-level people's Government should be added to the seals of the unit. The written comments were not received after delay and were dealt with without any opinion.
Article 23 of the provincial Government's rule of law institutions should conduct in-depth field studies on the main issues covered by the texts of regulations, regulations, and the views of relevant bodies, organizations and citizens at the grass-roots level.
Article 24, regulation and issuance of the draft articles concerned important issues, and the provincial authorities of the rule of law should convene a colloquium, analyst and analytic meeting with the participation of relevant organs, organizations and experts.
The texts of legislation, regulations are directly related to the interests of citizens, legal persons or other organizations, with significant differences of opinion, the drafting sector has not been consulted in a public manner in the drafting process or the holding of hearings, with the approval of the Government of the province, and the provincial government rule of law institutions can make their opinions available to society or hold hearings.
Article 25 The drafting sector should cooperate actively in reviewing the texts of regulations and regulations.
Article 26 The provincial authorities in the process of reviewing the texts of regulations and regulations should treat different views objectively and impartially.
The relevant bodies or departments have differed views on the main measures involved in the draft of legislation, regulations, the management system, the division of competence, which should be coordinated by the provincial government rule of law institutions and seek consensus; it should not be agreed that the main issues of controversy, the views of the relevant departments or institutions and the views of the provincial authorities of the rule of law bodies should be presented to the Government of the province.
Article 27 should carefully study the views of all parties and, in consultation with the drafting sector, revise the texts of regulations, regulations, draft regulations and review notes on the draft. The review notes should include the development of the legislation, the basis and the necessaryness, the review process, the key issues to be addressed and the identification of the main measures, consultations on major controversial issues.
The draft regulations, regulations and review notes that, following signature by the main heads of the provincial authorities' rule of law bodies, proposals were made for the consideration of the Permanent Assembly or the plenary.
Article 28 of the Constitution of the provincial authorities drafted or prepared draft legislation, regulations and regulations, which were signed by the main heads of the rule of law institutions of the provincial government, makes recommendations for consideration by the provincial Government's standing meeting or plenary meetings.
Chapter V Decisions, publication and documentation
Draft legislation, regulations are considered by the Provincial Government's Standing Assembly or by plenary.
The provincial Government's Standing Assembly or the plenary shall consider the draft regulations, regulations and rules, as explained by the provincial Government's rule of law institutions. The main heads of departments concerned with the content of the draft regulations and regulations are represented. There should be no re-expression of the views of the concerned authorities on which they have been harmonized.
Article 33 Changes in the draft regulations, regulations and rules, based on the views considered by the provincial Government's Standing Conference or the plenary, are presented to the governor for signature.
The draft legislation was signed by the governor and brought to the attention of the General Assembly or the House of Representatives to the General Assembly. The regulations are made public by the provincial governor's signing of the Provincial People's Order.
The draft legislation brought to the attention of the General Assembly of the People's Representatives of the Provincial Assembly or the Standing Committee of the People's Representatives is presented by the Government of the People's Government of the drafting sector or the main heads of the provincial government rule of law institutions.
The Official Journal of the People's Government of the Southern Province and the Lake South Day should be published in a timely manner after the publication of the Regulation.
The text of the regulations published in the Official Journal of the People's Government of the Southern Province is the standard text.
Article 32 should be implemented after 30 days of the date of publication, with the exception of national security and the non-exclusive application of regulations beyond the date of publication.
Article 33, within 30 days of the date of publication, is submitted by the Provincial Government Rule of Law Institutions to the Standing Committee of the General Assembly, in accordance with the relevant provisions.
Chapter VI Interpretation, modification and abolition
Article 34 states that:
(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 regulations are interpreted by the Provincial Government's rule of law body, which is published after the approval of the Provincial Government.
Regulation interpretation is equally effective.
Article XV of the provincial Government's rule of law institutions may conduct research on specific application issues of regulations.
In one of the following cases, the relevant administrative authorities or provincial government rule of law institutions should make proposals for amendments, repealing regulations, regulations and regulations in a timely manner:
(i) The law on the basis of legislation, regulations has been amended or repealed;
(ii) The main elements of legislation, regulations are relevant or alternative to other regulations;
(iii) Significant changes in the social realities of regulations, regulations;
(iv) Other cases should be revised, repealed and regulated.
The Government of the People of the province proposes amendments, repeals and repeals the regulations, taking into account the relevant provisions of this approach.
Chapter VII
Article 37 The Government of the Nahr el-Sheikh People's Government has developed regulations and promulgated, issued universally binding decisions and orders, taking into account the procedures set out in this approach.
Article 338 editoral publication of local legislation, official versions of government regulations and external versions is responsible for the provincial government rule of law institutions.
Article 39 of this approach is implemented effective 1 January 2004.