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Wuxi Regulations Legislative Evaluation Methods

Original Language Title: 无锡市规章立法后评估办法

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Post-community assessment methodology

(Adopted by the 18th ordinary meeting of the Government of the Community of 1 August 2013, No. 142 of 13 August 2013, published as of 1 October 2013)

Article 1, in order to regulate post-regulation, improve the quality of legislation and promote the administration of justice, develop this approach in line with the provisions of the Regulations and Rules and the State Department's Views on strengthening the rule of law government.

Article 2 Post-legislative assessments of the regulations of the communes apply.

This approach refers to the post-legislative assessment referred to in the Regulations, which, in accordance with certain criteria and procedures, conduct investigations and analyses of their legislative content, performance, problems, etc., form evaluation findings and propose activities to address them accordingly.

Article 3 Post-regulation assessments should be guided by the principles of objectivity and impartiality, openness of democracy, scientific legitimacy and effectiveness.

Article IV. The municipal rule of law sector is responsible for the organization, coordination, guidance and oversight of post-regulation assessments.

The administrative authorities established by the Regulations (hereinafter referred to as the assessment body) are responsible for the specific implementation of the post-regulation evaluation.

The regulations do not determine more than two administrative authorities or determine administrative authorities, which are made by the municipal authorities' rule of law sector and are determined by the city's Government.

The executive branch and agencies concerned with the implementation of regulations should provide, in accordance with their respective responsibilities, material and data relating to the implementation of regulations, in line with the assessment authority's request, in conjunction with the post-regulation assessment process.

Article 6 has one of the following cases and should be subject to a post-regulation assessment:

(i) The proposed increase in local legislation;

(ii) It is proposed to repeal or make significant changes;

(iii) There is a greater concentration of views, suggestions and recommendations among the representatives of the human person, members of the political union or all sectors of society;

(iv) The Government of the city considers other circumstances that require assessment.

As a result of changes in the top law or other emergencies, it is proposed that regulations be repealed or modified substantially, and that they may not be assessed after the adoption of regulations.

Article 7. The assessment body shall submit to the municipal authorities, by 31 October of each year, the next annual regulatory and legislative post-assessment project and provide clarifications on the timing, priority assessment content.

The municipal rule of law sector should provide evidence of the proposed project sent by the assessment body, or directly propose the next annual legislative post-assessment project to develop a regulatory post-assessment annual plan (hereinafter referred to as the annual plan) to be followed by the approval of the Government.

Article 8

(i) Legality: whether regulations are in compliance with legislative authority, procedures and whether they are incompatible with the law on top;

(ii) A reasonableness: whether the regulations reflect the principle of equity, justice and whether the measures taken are necessary and appropriate and whether the creation of legal responsibilities is quite tantamount to the nature, circumstances and the level of social harm;

(iii) Coherence: whether there is a conflict between regulations and other regulations, normative documents, whether the system is intertwined and whether the accompanying system is improved;

(iv) operationality: whether the design of systems is specific and feasible, whether measures are public, efficient, operational procedures are justified and accessible;

(v) Normative: whether legislative technology is regulated, whether the logical structure is carefully structured, whether it is accurate and whether it affects the effective implementation of regulations;

(vi) Performance: whether regulations are expected to achieve legislative purposes and whether specific problems in administration can be addressed, the implementation of recommendations on problems, causes and solutions, and whether the economic and social benefits achieved after implementation are higher than the cost of implementation and implementation.

The assessment authority should conduct a focused assessment of the administrative authorities' responsibilities, administrative licences, administrative sanctions, administrative enforcement, administrative charges, administrative requisitions, administrative assistance, administrative payments and administrative payments.

Article 9 Post-regulation assessments shall be conducted in accordance with the following procedures:

(i) Establishment of an assessment team: an assessment team composed mainly of the personnel of this body, or an invitation to representatives, members of the executive branch, professionals and representatives of the public;

(ii) Develop assessment programmes: assessment teams develop assessment programmes, including, inter alia, assessment processes, content, methods and organizational guarantees;

(iii) Conduct research studies: the assessment team openly solicited public opinion through, inter alia, media, government websites, or in writing, the views of relevant administrative law enforcement units, oversight bodies, administrative counterparts or other interested persons, as well as the collection of views and proposals, including through the holding of symposiums, hearings, expert perceptions;

(iv) An analytical evaluation: an assessment of the material collected by the assessment team, a preliminary assessment findings, and an evaluation body;

(v) Formulation of assessment reports: studies and arguments by the assessment body on the findings of the preliminary assessment, suggesting continuing or modifying, repealing regulations, improving administrative law enforcement.

Article 10. The assessment body may actually simplify the process in accordance with the regulatory legislation, except where the provisions of article 6, subparagraph (b), subparagraph (iii) of this approach are in place.

Streamlining the process of post-regulation assessment, mainly through the survey of questionnaires, colloquiums.

Article 11. The assessment report shall include the following:

(i) The basic circumstances of the assessment process;

(ii) Evaluation findings and relevant analytical evaluations;

(iii) Addressing views or recommendations with regard to evaluation findings;

(iv) Other issues requiring clarification.

Article 12 The assessment report shall be submitted within the time specified in the annual plan to the municipal authorities' rule of law.

The assessment report has a major problem in terms of the assessment of content, procedures, methods, and the rule of law of the municipal government should provide for restatement and refund to the assessment body; the evaluation body should be re-engineered and resubmit the assessment report within the required time frame.

The assessment reports are consistent with the requirements of standards, procedures, and are published by the municipal authorities' rule of law sector, which is approved by the Government.

Article 13 recommended changes in or repealing regulations in the approved assessment reports, which should be implemented in accordance with the Methods for the Development of Regulations of the People's Government of the SAR.

It is necessary to modify the regulations and to adopt the recommendations of the assessment report.

There is a need to improve administrative law enforcement, and the relevant administrations or institutions should follow up and provide feedback to the municipal authorities.

Article 14. The assessment body may entrust the relevant work of the post-regulation evaluation of higher institutions, scientific institutions, industry associations, legal services.

The organizations entrusted may not be entrusted with the prosecution.

Article 15 units involved in post-regulation legislation, persons should be kept confidential with respect to the secret, commercial secret and personal privacy of the State involved in the assessment.

Article 16 Post-regulation assessments should be incorporated into the scope of the administrative work of the law.

Article 17 assessors and relevant administrative departments or bodies, in violation of this approach, have one of the following cases, been changed by the municipal rule of law sector to the time limit of the order; late inadvertency, drawing the Government's administrative accountability to the competent and other persons directly responsible:

(i) No evaluation projects are reported in accordance with the provisions;

(ii) No assessment of the prescribed procedures;

(iii) Not submitted to the assessment reports in accordance with the provisions;

(iv) Improvement of administrative law enforcement in accordance with the provisions.

Article 18 Administrative measures developed by the city of Jangi and the Government of the People of the city should be based on the post-assessment exercise.

The Government of the city's normative documents or major administrative decision-making, as well as the post-assessment exercise of normative documents of other executive organs in the city, may be implemented in the light of this approach.

Article 19, which was implemented effective 1 October 2013.