Wuxi Regulations Legislative Evaluation Methods

Original Language Title: 无锡市规章立法后评估办法

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Wuxi regulations legislative evaluation methods

    (August 1, 2013, Wuxi municipal people's Government at the 18th Executive meeting August 13, 2013, Wuxi municipal people's Government announced the 142th come into force October 1, 2013) first in order to standardize assessment of the regulatory legislation, improve the quality of legislation, promoting administration according to law, in accordance with the regulatory procedure and the opinions of the State Council on strengthening the construction of Government governed by law, such as provisions, combined with the city's actual, these measures are formulated.

    Article assessment after the municipal regulations of legislation, these measures shall apply.

    Assessment after the legislative regulations in these measures refers to regulations implemented, according to certain standards and procedures on their content, performance, problem investigation and analysis, formation evaluation findings and propose appropriate disposal activities.

    Regulatory assessment should follow the legislative objective in article just, open, reasonable and pragmatic principles of democracy.

    Article fourth legal departments are responsible for regulatory assessment of the legislative organization, coordination, guidance and supervision.

    Regulations to identify administrative authority (hereinafter assessment authority) is responsible for the legislative assessment of the concrete implementation of the regulations.

    Regulations do not determine administrative departments or administrative departments have identified more than two, making recommendations by the Legal Department, submitted to the municipal people's Government to determine.

    Article fifth and regulations related to the Administration and institutions shall, in accordance with their respective responsibilities, according to the assessment request, provided materials and data associated with the regulations, with the assessment of the regulatory legislation.

    Sixth, one of the following circumstances, after regulatory legislation should assess:

    (A) proposes to increase as local regulations;

    (B) the proposed repeal or major change;

    (C) the NPC deputies and CPPCC members, or the views of the community, more concentrated;

    (D) municipal people's Government considers it necessary to assess in other circumstances.

    Due to changes in higher-level laws or other emergencies, intended to repeal regulations or to make significant modifications, after regulatory legislation can not assess.

    Article seventh assessment bodies should be submitted to the legal department before October 31 of each year after regulatory legislation next year to assess projects and schedules, description of key contents.

    Legal Department should be proofed the assessment authority project, can also be direct regulatory legislation next year to assess projects, formulated regulations legislative assessment annual plan (hereinafter referred to as annual plans) submitted to the municipal people's Government for approval before implementation.

    After the eighth regulatory legislation assessment should be carried out according to the following criteria:

    (A) legality: regulatory compliance with legislative jurisdiction, procedure, and contravene the host computer;

    (B) reasonable regulations are fair and impartial principles, take the measures necessary and appropriate, and set whether the violations of the legal liability of nature and seriousness, the degree of social danger;

    (C) coherence: whether conflicts between rules and other regulations and regulatory documents, systems are interrelated, supporting system is perfect;

    (D) operational: systems design is feasible, whether convenient, efficient, legitimate, easy procedures;

    (E) standard: the technical specifications, the logical structure is tight, is accurate, does it affect the effective implementation of regulations;

    (F) performance of regulations is expected to achieve its objectives can help to solve specific problems in the Administration, in implementing recommendations of the existing problems, causes and solutions, after the implementation of the economic and social benefits are higher than the regulations development and implementation costs.

    Assessment regulations should be covered by administrative departments responsibilities, administrative license, the administrative punishments, administrative enforcement, administrative collection and administrative expropriation, emphasis on administrative assistance, executive pay and other matters.

    After Nineth regulations legislation assessment should be carried out in accordance with the following procedure:

    (A) setting up assessment panel: assessment authority was founded mainly by the assessment panel composed of officials, can also invite the deputies and CPPCC members, professionals and public representatives;

    (B) developing assessment programme: Assessment Panel assessment programmes, including the assessment procedure, contents, methods and organization of content;

    (C) to carry out research studies: Assessment Panel through the news media, government sites, public solicitation, including public comments, visits, or written request for related administrative law enforcement, supervisory authorities, private parties and other stakeholders, as well as through the holding of seminars, hearings, experts will collect comments and suggestions;

    (D) analysis and evaluation: Assessment Panel to analyze the collected material evaluation, preliminary assessment report assessment bodies;

    (V) formation evaluation report: assessment authority to study the preliminary conclusions and reasoning, proposed to continue or modify, repeal regulations, improving law enforcement, such as comments.

    Tenth Assessment Authority may, based on assessment of the legislative regulations actually simplify the procedures, regulations article sixth of this approach (b), (c) except in the case provided for in item.

    Assessment procedures the deregulation legislation, mainly through questionnaires, symposiums and other assessments.

    11th assessment report should include the following:

    (A) the assessment of basic conditions of work;

    (B) the evaluation conclusions and related analysis and evaluation;

    (C) in response to opinions or recommendations of the assessment;

    (D) other issues of note.

    12th annual plan for the evaluation report should be submitted to the legal department within the stipulated time.

    Assessment report in assessing the content, programs, methods and other major issues, legal departments should put forward rectification opinions and return to assess body assessment bodies shall carry out rectification and assessment report within the required time.

    Assessment report up to the required standards, procedures and other requirements, published by the Municipal Government after the approval of the Department of Legal Affairs submitted to the municipal people's Government.

    13th approved assessment report proposed to amend or repeal regulations should be based on the implementation in the Wuxi municipal people's Government regulatory measures.

    Need to modify the regulations should adopt the recommendations of the evaluation report.

    Need for improving administrative enforcement of, relevant administrative departments or agencies should follow up and feedback to the legal department.

    14th assessment authority may authorize institutions of higher learning, scientific research institutes, industry associations, legal services and other regulations related to assessment of the legislative work.

    Entrusted to the organization not to appoint the agent.

    15th to participate in assessment of the legislative regulations, personnel involved in the evaluation of State secrets, business secrets and personal privacy, should be kept confidential.

    Regulation of 16th article assessment of the legislation should be incorporated into the scope of examination administration according to law.

    17th assessment agencies and the relevant administrative departments or agencies, in violation of these rules, any of the following circumstances, the legal department shall order correction within; fails, drew attention to the municipal people's Government directly responsible for the charge and other direct liable persons shall be the administrative accountability:

    (A) failing to submit assessment project;

    (B) an assessment in accordance with the prescribed procedures;

    (C) failing to submit an assessment report;

    (D) is not in accordance with the provisions of administrative law enforcement.

    Administrative measures article 18th, Jiangyin and Yixing municipal government, should be in accordance with the measures to assess.

    Municipal normative documents or major administrative decisions, as well as the assessment of the municipal administrative organs of other normative documents, refer to this approach. The 19th article of the rules take effect on October 1, 2013.