Dalian Municipal People's Government Establish Regulations Hearing (For Trial Implementation)

Original Language Title: 大连市人民政府制定规章听证规定(试行)

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(October 10, 2007 Dalian municipal people's Government at the 55th Executive meeting on October 13, 2007 Dalian municipal people's Government promulgated as of December 1, 2007, 90th) first in order to listen to citizens, legal persons or other organizations in drafting or approval of regulations, expand the degree of public participation in government legislative work, improve the quality of legislation, in accordance with the People's Republic of China legislative act, the regulatory procedure Ordinance, the
    Dalian Municipal Government to formulate local laws and regulatory procedures in the draft regulations, this provision is enacted.
    Second city departments, County (City) Government, the Agency of the municipal government with regulation drafting rights (hereinafter referred to as drafting units) to draw up regulations, legal agencies to review regulations need to hold hearings, these provisions shall apply.
    Regulatory hearings article should follow the principle of open, fair and convenient.
    Fourth draft, review rule, hearings should be taken, feasibility study meeting, seminar or to the public draft, to community hearings. Drafting rules and regulations directly related to the vital interests of citizens, legal persons or other organizations, and relevant bodies, organizations or citizens have major differences of opinion, drafting unit shall hold hearings; drafting unit does not hold a hearing during the drafting process, legal institutions can hold hearings.
    If necessary, legal institutions and drafting units can also be combined to hold hearings.
    Hearing is a hearing organs. Article fifth matters requiring a hearing, organized by the hearing organs according to the draft, or specific content approval regulations determine.
    Can a matter in respect of a hearing, or joint hearing on several matters.
    Relevant organs, organizations and citizens in Government Web sites or other media to read and study regulations draft, think there are matters requiring a hearing, may appeal to the legal institution, the legal organization to decide whether hearings; decided not to hearing, it shall explain the reasons.
    After the sixth hearing is needed sure, organization of the hearing authority shall hold a hearing before the 30th, by hearing organization of newspapers, Government websites, official websites and other means to society announcements, notices hearing matters and the time and place of the hearing, hearing statements people places, conditions, application methods, selection principles, audit methods and so on.
    Hearing organs need to notice important information associated with the hearing, and shall at the same time announced to the public.
    Seventh to present views of citizens, legal persons or other organizations to hearing presenters.
    Hearing statements by the hearing organs in public when publishing the notice of the hearing solicitation or invitation.
    Article citizens, legal persons or other organizations may apply for a hearing within the time specified in the notice stating who apply for hearings should be held views, make the necessary notes, by organizational bodies under quota and application selection of hearing; hearing opposition or several views on issues, selection of the number of people holding different views should be reciprocal.
    Nineth organs of hearing organization invited the relevant organizations or individuals as human hearing statements should be considering the area, career influence, expertise, skills, and other factors, provide a hearing to present people with breadth and representativeness.
    After the tenth hearing presenters to determine, organs of hearing shall notify the hearing statements at the hearing held before the 5th person, need to send related materials, should be sent.
    11th citizens, legal persons or other organizations to observe the hearing, list of methods in accordance with notice of the hearing, after hearing organs agreed to sit in, when the bystander has ended, by hearing organs in accordance with the registration sequence.
    12th hearing organizations designated to the Office staff of three to five people as hearing people, and identified one of the presiding hearer; designated the persons concerned as reporters, responsible for hearing transcripts produced.
    13th article has following case one of of, terminated hearing: (a) no collection to Conference places one-second (containing one-second) above hearing statement people of; (ii) no holding against views hearing statement people of; (three) hearing statement people all for no reason not attended or without allows midway exit hearing of; (four) objective situation occurred major changes, led hearing no necessary held of; (five) other should stop held hearing of case.
    Termination hearing before the hearings, decided by the organs of hearing and announced to the public; terminated during a hearing, by the decision of the hearing officer and recorded.
    14th hearing Organization held a hearing organ, heard the witness should be set up, hearing seats seats, the record of the hearing, hearing statements people person, hearing and other persons of concern to the Gallery seats.
    The 15th hearing held in public, allow news media interviews and reports.
    16th hearing in accordance with the following procedures: (a) the hearing officer meeting, announced the hearing; hearing people, hearing statements introduced people, hearing the trial, hearing the recorder who read the rules on the hearing of.
    (B) Regulations drafting or reviewing of legislative hearings, officers the necessity, feasibility and relevant background for a brief description.
    (C) hearing statements about hearing issues you have questions, you can ask, by drafting or reviewing officer explained.
    (D) hearing statement stated.
    (E) hearing statements between cross-examination debate.
    (F) hearing summary, declare the hearing closed.
    Hearing in presiding over the statements, evidence and debate, hearing statements should be given equal opportunity to comment.
    The 17th record of the hearing shall be made from the whole process of hearing transcripts of the hearing.
    Hearing after hearing representations of people confirmed or signature or seal on the spot after the correction; without any justified reason, refuses to sign or seal, the record of the hearing shall record volumes, confirmed and signed by the presiding hearer.
    Listening to witnesses, the record of the hearing shall sign the hearing record.
    18th hearing statements due to time constraints do not complete statements, may submit written materials, written materials can be used as the record of hearing.
    Hearing the trial about hearing or hearing has an opinion, can reflect to the organs of hearing in writing. 19th hearing people people, hearing statements, records hearing people, hearing the trial and he entered the hearing officer shall comply with the rules and order of the hearing.
    Violation of rules and order of the hearing, the hearing officer or staff member concerned has the right to discourage or stop. 20th hearing shall be according to the content of the hearing, a written hearing report.
    Hearing reports shall include the following information: (a) the time and place of the hearing, (ii) hearing matters, and (iii) records hearing people, hearing, hearing people, hearing statements and hearing to listen in person; (d) hearing statements the main comments and (e) opinions and reasons for and (f) other relevant information.
    Record of hearing and hearing reports should be completed within 7 working days after the end of the hearing, and submitted to the organs of hearing.
    21st rule drafting units or legal institutions should seriously study the hearing reflected various views, draft regulations are submitted to the legal bodies and government legal agencies to review rules and regulations submitted to the Government decision, the State's handling of the hearings and the reasons for it. 22nd hearing costs borne by the organs of hearing.
    Hearing organs can give hearing presenters need travel subsidy.
    23rd government organizations drafted local regulations need to hold a hearing, in accordance with this regulation.
                                                                                  24th article of the regulations come into force on December 1, 2007.