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Meishan Municipal Government Prepared A Draft Of Local Regulations And Rulemaking Procedures (Trial)

Original Language Title: 眉山市人民政府拟定地方性法规草案和制定规章程序规定(试行)

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Chapter I General

Article 1 provides for the advancement of scientific legislation, democracy legislation, the improvement of the legislative quality, the introduction and promotion of legislation, the normative development of local legislation (hereinafter referred to as “the legislation”) and the development of regulations, in accordance with the National People's Legislative Act of the People's Republic of China, the enactment of procedural regulations and the development of draft local legislation and regulations and regulations, in conjunction with the actual provisions of my city.

Article 2

Article 3. The Government of the city may establish government regulations on matters such as urban and rural construction and management, environmental protection and historical cultural protection.

Draft legislation and regulations should be formulated in accordance with constitutional, legal, administrative and local legislation, consistent with fair, equitable, open principles and public participation, expert advice, full consultation, and procedures for collective consideration.

Article 5 is responsible for the organization of specific work on draft regulations and regulations by the authorities of the municipality (hereinafter referred to as “the municipal rule of law”), and for the promotion, guidance and coordination of relevant work by all sectors of the Government.

Article 6. Preparation of draft legislation and the development of regulatory requirements are arranged by the municipal financial sector in accordance with the annual legislative plan of the Government of the city. Specific approaches are developed by municipal rule of law institutions with the municipal financial sector.

Chapter II

Article 7. In the second half of the year, the municipal rule of law institutions openly solicit the next annual legislative project recommendations to citizens, legal persons and other organizations and State organs through media such as government websites or newspapers.

Civil, legal and other organizations and State bodies may make legislative project recommendations.

Article 8. Recommendations for legislative projects by citizens, legal persons and other organizations should include the name and main grounds of legislative projects.

The various sectors of the Government of the city have submitted legislative project recommendations to the Government of the city and should be brought to the Legislative Project Description.

Article 9. The municipal rule of law institutions, including through coordination meetings, seminars or thematic studies, have consulted on the legislative project proposals for the recruitment and draft annual legislative plans for the Government of the city.

The draft annual legislative plan of the Government of the city should be aligned with the work of the Standing Committee of the General Assembly of the People's Representatives.

Items to be included in the draft annual legislative plan of the Government of the city shall be in accordance with the following conditions:

(i) In line with local legislative competence and scope;

(ii) A clear and sufficient basis for legislative purposes and the need for regulations or regulations;

(iii) Adaptation to economic and social development, a comprehensive deepening of reform and local governance requirements.

Article 11. The municipal rule-of-law institutions, based on consultation with the relevant bodies and organizations, have identified post-legislative assessment projects that incorporate the draft annual legislative plan of the city's people.

Article 12 The Government's annual legislative plan should be made public to society.

The municipal rule of law institutions should provide feedback to relevant citizens, legal persons and other organizations on the adoption of legislative projects.

Article 13. The annual legislative plan of the Government of the city should clarify the legislative project and the post-legislative assessment project and the project responsibility unit.

Legislative projects include research and development projects. The research projects produced in line with the proposed project, conducted research studies and developed research results during the year; developed projects were generally produced in the previous year's comparative research projects and completed in the year.

The post-legislative assessment project should complete the assessment within the year and form a legislative post-assessment report.

Article 14. The annual legislative plan of the Government of the commune can be adapted in accordance with the circumstances and complement the proposed additional regulatory projects, with the approval of the commune of the communes.

Chapter III

Article 15. Draft regulations, regulations are drafted or drafted by municipal rule of law institutions.

Article 16 has one of the following cases, and the draft regulations may be drafted by the municipal rule of law bodies:

(i) Related to common administrative acts;

(ii) Significant administration and integrity;

(iii) Major emergency matters;

(iv) The authorities are not clear;

(v) Other needs to be drafted by municipal rule of law institutions.

Drafting legislation, regulations and regulations by the organization of the municipal rule of law bodies may determine whether a department or a few sectors are specifically responsible for the drafting of the draft.

Article 18

The following conditions should be met through the draft regulations, regulations and regulations established by the means of commissioning:

(i) Persons familiar with legal and related expertise;

(ii) The practical experience and the theoretical basis of the relevant areas;

(iii) Other conditions that are adapted to the mandate.

Article 20 determines, by way of commissioning, the drafting body of the draft regulations and regulations, that the municipal rule of law should enter into agreements with them to clarify the relevant elements of mandates, quality requirements, completion deadlines, work compensation, default.

In drafting the draft regulations, regulations, the relevant units should provide information on relevant areas, institutional and measures, relevant information, and, in accordance with the drafting of the draft, work as follows:

(i) Participation in the drafting of the draft;

(ii) Assistance in legislative research and research activities;

(iii) To assign coordination among relevant heads on important issues.

Article 2 should guide and coordinate the research, drafting and drafting of draft regulations, regulations and regulations, and participate in the work of the drafting cell.

Article 23. Drafting legislation, regulations, drafting units should conduct in-depth research and widely listen to the views of relevant organs, organizations, representatives of the General Assembly and the public.

The departments concerned should be fully consulted when they have different views on the content of the draft; the consultations have not been agreed and should describe the situation and the reasons when they are to be delivered.

Draft article 24 proposed the establishment of administrative licences, administrative coercive measures and other administrative measures, which should be accompanied by the draft text in accordance with the relevant provisions of national and provincial municipalities.

The statement of evidence includes the objective regulation, legitimacy, necessity, reasonableness and operationality of the proposed measures to be established in compliance with the regulated matters.

Article 25 After the completion of the drafting process, the drafting cell shall submit the following materials to the municipal rule of law bodies within the time frame of request or agreement:

(i) Drafting;

(ii) Drafting notes, including the need, feasibility and key elements, coordination of major controversial issues;

(iii) The assessment of legislative feasibility, including the feasibility, timing, implementation of social effectiveness and possible problems of major institutional norms;

(iv) Legislative arguments, hearings and hearings were held, with the accompanying testimony, hearings reports;

(v) To seek and adopt views;

(vi) Relevant basis and other information.

It is a revised project to submit a revised version against the text.

Article 26, following receipt by the municipal rule of law body of the draft proposal, found that there was a qualitative problem, such as a significant defect, and should require the drafting units to be refined in a timely manner.

Article 27 responsibilities for research projects should be submitted to the municipal rule of law bodies for research reports, a first draft of the draft or outline, relevant legal texts and policy bases, and other legislative circumstances within the time frame.

Chapter IV

Article twenty-eighth rule of law institutions should openly seek public opinion through the publication of the draft by the Government website or by the media, such as the press.

The time for public consultation is generally not less than 30 days, and the request should be communicated to society.

Article 29 of the municipal rule of law bodies, draft regulations, rules and regulations, should be followed by legislative consultations involving all parties in society and widely heard the relevant organs, organizations and the public, including through field studies, legislative colloquiums.

Article 33, draft regulations and regulations deal with major, complex or professional issues, and municipal rule of law institutions should convene a demonstration by representatives of relevant bodies, organizations and expert scholars.

The evidence should form an evidentiary report. The evidence reports included the basic situation of the evidence conference, the basic view of the speaker, the conclusions of the evidence, etc., as an important reference to the revision of the draft.

Article 31 contains one of the following cases, and legislative hearings should be held:

(i) There are significant differences of opinion or major adjustments involving interest relations, requiring hearings;

(ii) Laws, regulations stipulate that legislative hearings should be held.

The hearing was held by the municipal rule of law body in accordance with the relevant provisions of the law and the Government of the city, and the hearings were made public to society.

The hearings should form a hearing report. The hearings included the basic situation of the hearings, the basic view of the spokesperson, as an important reference to the revision of the draft.

Article 33, draft regulations and regulations relate to matters of greater controversy among sectors, and the municipal rule of law institutions should introduce third-party assessments, fully listen to the parties, coordinate decisions and report on the Government of the city.

The draft to be considered by the Government of the city should be in accordance with the following requirements:

(i) In accordance with local legislative competence, there is no violation of the rights of citizens, legal persons and other organizations or increase their obligations;

(ii) In line with the principle of superior law, facilitate the timely implementation of the top law and address the practical problems of administration;

(iii) The system and measures to be set are operational in order to enable citizens, legal persons and other organizations to exercise their rights, fulfil their obligations, regulate clarity, specificity and enforceability;

(iv) To reflect the harmonization of the functions and responsibilities of the executive organs and to establish reasonable administrative discretion, to guarantee the legitimate rights and interests of citizens, legal persons and other organizations, to preserve the public interest and justice of society;

(v) Coordination, interface with relevant legal regulations;

(vi) In line with legislative technical norms.

The draft article XV was sent to the Government of the People of the city following the signature of the main holder of the municipal rule of law. The following materials were submitted when the draft was delivered:

(i) Draft to be delivered;

(ii) A summary of the draft articles, assessment of the legislative feasibility, evidence and statements of hearings;

(iii) To seek and adopt views;

(iv) Relevant basis.

Decisions and publication

The draft article XVI was sent for consideration by the plenary of the Government of the city or by the Standing Committee.

When the Government of the city considers the draft to be delivered, it is explained by the heads of the municipal rule of law institutions.

With regard to major institutional reforms and major policy adjustments, the EPI was invited to the ICJ before the draft was developed.

The Office of the People's Government shall, prior to the consideration of the Government of the city, send the draft to the plenary of the city's Government or to the President of the Conference or the Permanent Representatives of the Conference.

Article 338 The municipal rule of law institutions should revise the draft articles, based on the deliberations of the Government of the city, and report to the Government of the city.

The draft legislation was signed by the Mayor and brought to the attention of the General Assembly or the City People's Congress. When the Municipal People's Congress or the Municipal People's Representatives Committee considers the bill by the Mayor or the persons entrusted by it.

The regulations were signed by the Mayor to be published by the Order of the People's Government. The Order of the People's Government should contain the establishment of organs, regulations, names, orders, dates adopted, time of operation, mayors and signatures.

Following the signing of the regulations, the Government of China's Rule of Law Information Network, the Times of the Shelter, the Urban Government website and the Government's Rule of Law Information Network should be published in a timely manner.

Article 40 shall be implemented after 30 days of the date of publication, concerning public safety, emergency situation, and may be carried out from the date of publication.

Article 40 clearly requires the relevant authorities of the city to make specific provisions for specialized matters, and the relevant authorities of the city should initiate the drafting of the accompanying provisions in a timely manner and provide for the provision within one year of the date of implementation of the regulations, as well as the provision of the regulations for the duration of the time frame. The relevant sectors of the city's people's government have not been able to make specific provisions within a period of time and should inform the Government of the city.

Resolves, interpretations and legislative post-assessments

Article 42 stipulates that, within 30 days of the date of publication, the Municipal People's Government has been sent to the State Department, the Provincial Government, the Permanent Council of the Provincial People's Representatives to the General Assembly and the Standing Committee of the People's Representatives of the City, with specific work being undertaken by the municipal rule of law institutions.

Article 43 states that:

(i) The provisions of the regulations require further clarity on specific meaning;

(ii) A new situation after the regulations have been developed will require clarity on how to be specific.

The regulations explain that the municipal rule of law institutions are advised by reference to the procedures set out in this article and are published after the approval of the Government of the city.

The issue of specific application of Article 44, which is requested by the relevant departments and district governments of the city, is dealt with by the municipal rule of law institutions, and which concerns important issues, is presented by the municipal rule of law bodies and the responses received after the consent of the Government.

Article 42 provides for a legislative post-assessment exercise organized by the municipal rule of law institutions in accordance with the annual legislative plan of the Government of the city.

Enhanced legislative post-assessments in the focus area should be integrated in the use of legal, economic, management, statistics and social analysis, investigation and evaluation of the legislative quality, performance, problems and impacts of regulations, post-legislative assessment reports and recommendations for their continued implementation, modification or repeal.

Article 46 should be formulated with local legislation but the conditions are not ripe, and regulations can be developed only because of the urgent need for administration. The regulations have been implemented for a period of two years and the administrative measures required for their continued implementation should be brought to the General Assembly or the Standing Committee of the People's Representatives of the City to enact regulations.

Article 47 has one of the following cases, and the relevant authorities should make regulations and repeal recommendations in a timely manner:

(i) The law based on top law has been amended or repealed;

(ii) The main elements are replaced by the relevant top law or other regulations;

(iii) Failure to adapt to the requirements for reform;

(iv) Administrative institutional mechanisms and changes in the target;

(v) Other circumstances should be revised and repealed.

Chapter VII

Article 48 states, including the development, modification and abolition of work.

The text of the regulations published on the Law of the People's Government Online is the standard text. The editorial publication of the regulations and their English translations is the responsibility of the municipal rule of law institutions.

Article 50