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Luzhou Municipal People's Government To Develop Local Draft Rules And Regulations Formulated Procedural Requirements

Original Language Title: 泸州市人民政府拟定地方性法规草案和制定规章程序规定

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Chapter I General

Article 1 provides for the advancement of scientific legislation, democracy legislation, the improvement of the legislative quality of my city and the promotion of legislation, the regulation of the drafting of local legislation (hereinafter referred to as a guide) and the development of regulations, in accordance with the Law of the People's Republic of China, the enactment of procedural regulations, the development of draft local legislation and the development of regulations and regulations, and the practical formulation of the provisions of the State's city.

Article 2

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

Article IV 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 body) to promote, guide and coordinate the work of the various branches of the Government.

The preparation of draft legislation and the development of regulatory requirements are organized by the municipal finance 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

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

The Government of the Municipalities and the People's Government (zone) has proposed legislative projects that should be submitted to the Legislative Project Description.

Article 8. The municipal rule of law institutions, including through coordination meetings, seminars or thematic studies, have consulted on the legislative project proposals for recruitment and prepare draft annual government legislative plans.

The draft legislation in 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 of the Municipalities and the General Assembly.

The item 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 local economic development, comprehensive deepening reform and local governance requirements.

Article 10. The municipal rule of law institutions, based on the advice of the relevant organs and organizations, have established post-legislative assessment projects to incorporate the draft annual legislative plan of the city's people.

The draft annual legislative plan of the Government of the People of the city is implemented after the adoption of the report of the Municipal Rule of Law Institutions to the Standing Committee of the People's Government. 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 12. 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 the development of projects and research projects. The project was generally produced in a relatively mature research project in the previous year and was completed in the year; the research project was produced in a proposal project that meets the conditions set, conducted research and developed research results in the year.

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

Article 13. The annual legislative plan of the Government of the city can be adapted in accordance with the circumstances and complement the proposed additional regulatory projects, with the approval of the municipal authorities.

Chapter III

Article XIV, draft regulations and regulations are drafted or drafted by municipal rule of law institutions.

Article 15 is 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.

Article 16 organizes the drafting of draft regulations, regulations and regulations by municipal rule-of-law institutions, which may determine whether a department or a number of sectors are specifically responsible for the drafting of the draft.

Article 17 is more specialized in the draft regulations, regulations and regulations, and municipal rule of law institutions can commission experts, teaching science and technology units, and social organizations.

Article 18, by means of the draft regulations, regulations and regulations established by the means of commissioning, shall have the following conditions:

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

In drafting the draft regulations, regulations, the relevant units should provide information on relevant areas, institutional and measures, relevant information, and work in line with the drafting needs:

(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 21, the municipal rule of law institutions should guide and coordinate the research, drafting and drafting of draft regulations, regulations and regulations and may participate in the work of the drafting bodies.

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.

Article 23 of the draft statute proposes the establishment of administrative licences, administrative enforcement measures, regulations which are to establish relevant administrative measures, should be presented in conjunction with the draft text, in accordance with national, provincial and municipal provisions.

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.

Following 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 requested or agreed upon:

(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 25 Upon receipt of the draft proposal by the municipal rule of law body, it was observed that there was a quality problem, such as a major defect, and that the drafting cell should be requested to revise it in a timely manner.

Article 26 The responsibility units of the research project shall submit to the municipal rule of law bodies, within a request or time frame, information such as research reports, draft preliminary drafts or outlines, relevant legal texts and policy bases, other legislation.

Chapter IV

Article 27 of the municipal rule of law institutions should make public requests for 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 28 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, including through field studies, legislative colloquiums.

Article 29, 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.

The draft regulations and regulations contain 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 municipal government, 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 32, draft regulations and regulations deal with important matters of controversy among sectors, and 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 34 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 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 in the local context, the communes' groups were invited to the communes before the draft was adopted.

The Office of the People's Government of the city shall, prior to the consideration of the Government of the city, transmit the draft text to the plenary of the city's Government or to the President of the Standing Conference.

Article 337 The municipal rule of law institutions should revise the draft articles in the light of the deliberations of the city's people's Government 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 the People's Government of the State of Cyclones, the Government of China's Rule of Law Information Network, the State of Cyclones, the City People's Government website and the Municipal People's Rule of Law Information Network should be published in a timely manner.

Article 39 should be implemented after 30 days of the date of publication, involving public safety, emergency situation, and can be implemented 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 40 is submitted by the Municipal People's Government within 30 days of the date of publication to the State Department, the Council of Governors, the Provincial Government and the Standing Committee of the People's Representatives of the General Assembly, with specific work being undertaken by the municipal rule of law institutions.

Article 42 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.

Article 43 of the regulations specifically applied, the Government of the city concerned departments and the People's Rule of Law Institutions requested clarifications, which were examined by the municipal rule of law institutions, and which involved important issues, with the advice of the municipal rule of law institutions and following the consent of the Government.

Article 44 quasi-law institutions organize legislative post-assessments 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 42 should be formulated with respect to local legislation, but the conditions are not mature, and regulations can be developed only as a result 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 its Standing Committees to enact regulations.

Article 46 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 47 states that this approach includes the formulation, modification and abolition of work.

The text of the regulations published in the Communiqué of the People's Government of Cyclone State 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 49