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Zhuzhou Municipal People's Government In Drafting Laws And Regulations And The Development Of A Draft Of Local Government Regulations Procedural Requirements

Original Language Title: 株洲市人民政府起草地方性法规草案和制定政府规章程序规定

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Chapter I General

Article 1, in order to strengthen the drafting and government regulations of the draft local legislation, regulate legislative procedures, improve the quality and efficiency of legislation, develop this provision in line with the National People's Legislative Act, the Regulations, the Regulations and Rules, and the Legislative Regulations of the People's Congress and its Standing Committee.

Article 2

Article 3 refers to the draft local legislation referred to in this article, which is drafted by the organization of the People's Government of the city, drawing the normative documents of the Congress of the People's Representatives or its Standing Committee.

This provision refers to normative documents developed by the Government of the city and published in the form of the Order of the People's Government.

Article IV

Article 5

(i) Matters requiring regulations for the implementation of legislation, administrative regulations, local legislation;

(ii) Specific administrative matters in the present administrative region.

There are no laws, administrative regulations, local legislation and regulations, and local government regulations do not create norms that detract from the rights of citizens, legal persons and other organizations or increase their obligations.

Article 6

In accordance with their respective responsibilities, the People's Government and the relevant authorities of the city should assume specific work on the drafting of local legislation and the development of government regulations, and actively cooperate with other efforts of the Government's rule of law sector.

Article 7. The name of government regulations generally states as “the provision”, “the approach”, the application of the rules”, “the means of implementation”, etc. shall not be referred to as “regulations”.

Article 8. Drafting of local legislation and developing government regulations are guaranteed by the current level of finance.

Chapter II

Article 9. The Government of the city, in accordance with the needs of economic and social development and administration, has developed annual legislative plans that can be based on the need for five-year legislative planning, in accordance with the integrated arrangements, the urgent need for pre-emptiveness, focus, balance between general and “removal, conversion, invalidity”.

Article 10

The legislative recommendations relating to the regulation of the common administration of the Government can be directly raised by the Government's rule of law.

The legislative recommendations submitted by the Government of the People's Republic of the District concerned matters relating to the entire city or the trans-government region, and should be consulted and agreed with the relevant administrative authorities of the city, which are submitted by the relevant executive authorities of the city.

Article 11. Civil, legal and other organizations may submit draft local legislation or legislative recommendations for the development of government regulations to the commune authorities, in writing or e-mail.

Legislative recommendations should include the names of legislative projects, the status of proposed normative matters, the main elements of legislation and the legal basis.

Article 12

(i) An application;

(ii) Draft local legislation or draft government regulations;

(iii) Annotations (including the need for and feasibility, the main issues to be addressed, matters such as the main regime to be established, pre-emptions and requests for views);

(iv) Legislative basis and relevant references.

Sections, legal persons or other organizations that make applications and make legislative recommendations should be carefully consulted with the relevant provisions of national, provincial, municipal and similar laws, regulations and regulations, in-depth research and full evidence.

Article 14.

The Government's annual legislative plan is divided into projects and research projects. Legislative conditions and maturity are included in the project. Legislative conditions or time are not ripe for inclusion in research validation projects, and their legislative conditions and time mature can be adjusted as appropriate for the year's project.

The inclusion of the draft local legislation for legislative planning and annual legislative plans should seek the views of the people of the city on behalf of the General Assembly Committee on the Rule of Law, the specialized committees, the legislative bodies of the Standing Committee and the local legislation projects identified in the legislative planning and annual legislative plans of the General Assembly.

Article 15. Annual legislative plan and five-year legislative planning of the Government of the city shall be carried out and monitored by the rule of law sector of the city's Government and shall not be restructured. For projects that are tailored in exceptional circumstances, the Government of the communes should be given full evidence of the need to adjust the project's communal government or sector, with the consent of the Government of the city and to the communal Government's rule of law sector.

The project not included in the annual legislative plan, which is actually required and mature, may be added to the annual legislative plan or to five-year legislative planning, in accordance with Article 12 of the present Article, in accordance with Article 12.

Chapter III

Article 16 Draft local legislation and draft government regulations are drafted in principle by a department that makes a application or the main executive department or industry authorities responsible for the legislative project. The drafting sector may invite relevant organizations, experts to participate in the drafting or directly entrust the drafting of the relevant organizations, experts.

There are multiple sectors or major and complex legislative projects, drafted by the Government of the city, designated by the host sector, with the participation of other relevant sectors.

Legislative projects relating to the regulation of common government administrative conduct were drafted directly by the Government's rule of law sector, with the active collaboration of other relevant sectors.

Article 17 departments responsible for drafting should form drafting groups with the participation of key heads of departments, members of the sectoral rule of law institutions, develop work plans and submit a review of the communal Government's rule of law sector and complete drafting mandates on time. The joint drafting should clarify the responsibility of all sectors for leadership and participation.

Article 18 Draft local legislation and draft government regulations should be drafted in depth to study studies, take stock of practical experience, build on the successful practices of domestic and international equivalent legislation and meet the following requirements:

(i) Be incompatible with the top law and in coordination with other legislation or regulations of equal effect;

(ii) The content already specified in the relevant laws, regulations, regulations and regulations does not in principle duplicate provisions;

(iii) Administrative penalties, administrative permits, administrative coercive measures, etc.;

(iv) Be in line with the reality of the city, reflecting the spirit of reform and promoting economic and social development;

(v) Reflecting the functions, responsibilities of the executive branch and the rights and obligations of citizens, legal persons and other organizations;

(vi) To be forward-looking in order to be universally applicable over time and within a certain scope;

(vii) Environment and conditions in place;

(viii) Conditional, clarity, structure, integrity, language accuracy, clarity and operationality;

(ix) Other requirements under laws, regulations.

Article 19 Drafting of draft local legislation and draft government regulations by the drafting sector should be fully justified and may be consulted by:

(i) To seek the views of the superior, present and lower-level relevant departments, the management of the relative, in the form of a request for advice, the convening of a consultation meeting;

(ii) To request the views of the various communities and the general public through press, web-based media;

(iii) In relation to the issue of greater professionality, experts, scholars are invited to make arguments;

(iv) There is a significant impact on the economic and social development of the city, directly related to the personal interests of citizens, legal persons or other organizations, the existence of significant differences in content, the holding of hearings or the hearings.

In seeking advice, the relevant departments should carefully study and make written observations, with the addition of the public chapters of the sector, as required.

The holding of hearings should be carried out in accordance with article 15 of the Regulations.

Article 20 of the draft local legislation or draft government regulations, prior to the presentation of the review, have divergent views within or under the drafting sector and should be coordinated by the drafting sector; other departments have divergent views, and the drafting sector should invite the relevant departments to consult, and the relevant departments should be actively aligned and represented.

After consultations that could not be agreed, the drafting sector should send the relevant material of different views to the Government's rule of law sector in the form of a draft local legislation or a draft government regulations.

The draft local legislation and the draft regulations of the Government should be reviewed by the rule of law institutions in the drafting sector, and adopted by the drafting sector heads on a collective basis, with the signing of the main heads of the sector, to inform the Government of the rule of law sector. A joint drafting was sent by the main heads of departments.

The drafting sector should, in accordance with the annual legislative plan of the Government of the city and the drafting of the workplan, complete the preparation, drafting, demonstration and delivery of the draft local legislation and the draft government regulations in a timely manner, in accordance with the procedures.

As special circumstances cannot be completed or will require the completion of drafting and reporting, the drafting sector should submit a written report to the Government of the city in a timely manner and be sent back to the rule of law sector of the Government of the city with the consent of the Government.

Article 23. The rule of law sector of the commune government should strengthen guidance and coordination on drafting, with the first time being involved in research, validation, hearings, etc.

Chapter IV

The following materials should be submitted when the draft local legislation and the draft regulations of the Government are sent to the Government of the People's Government for review.

(i) Reports of the trial;

(ii) The text of the draft articles and their drafting notes;

(iii) The legal, regulatory, and policy texts on which the drafting is based;

(iv) Written observations and the records of the relevant meetings in all their forms;

(v) The holding of hearings and the submission of legislative hearings reports;

(vi) In relation to local legislation, government regulations requiring repeal or modification, local legislation, government regulations, which are to be repealed or to be amended;

(vii) Legislative research reports and relevant information on legislative projects in other cities;

(viii) Other submissions.

Submissions submitted under the preceding paragraph shall be sent to one fifth.

The submissions submitted by the drafting sector are not in accordance with article 1, paragraph 2, and should be added within five working days.

Article 25

(i) The status of normative matters and the main issues to be addressed;

(ii) The basis and process of drafting;

(iii) Details of the main content and the essential provisions;

(iv) To consult and coordinate views;

(v) Other issues requiring clarification.

Article 26

(i) Whether the annual legislative plan is included;

(ii) The fullness of the delivery materials and the suitability of the format;

(iii) In conformity with constitutional, legal, regulatory and regulatory provisions, whether they are in line with other local legislation, regulations;

(iv) Whether different views and proposals are properly addressed;

(v) In conformity with the requirements of legislative technology;

(vi) Other elements to be reviewed.

The draft local legislation and the draft regulations of the Government were delivered in one of the following cases, and the rule of law sector of the municipality could be suspended or returned to the drafting sector:

(i) No annual legislative plan;

(ii) The basic conditions identified by the review are not ripe;

(iii) The main content is not in accordance with the relevant provisions of the law;

(iv) There are significant gaps in legislative technology and need to be fully adapted and modified;

(v) The main content of the draft articles in the relevant sectors is controversial and the drafting sector has not been consulted with the relevant sectors;

(vi) No statutory procedure has been applied to the draft of the communication;

(vii) The incompleteness of the delivery of the trial material, which is not required;

(viii) It is not in accordance with article 18 of this provision.

In reviewing the draft local legislation and the draft regulations of the Government of the communes, the study should be carried out in depth and, where appropriate, the views of the Government of the People's Republic of the District, the relevant sectors, the social communities and relevant experts.

The Government of the People's Republic of the District of the District, the relevant sector, should carefully organize research and provide advice, with prompt feedback as required, following the signature of the main head and the accompanying branch.

Article 29 refers directly to the interests of citizens, legal persons or other organizations, or to the significant differences between the relevant organs, organizations or citizens, and to the fact that the drafting sector has not been implemented or has not been required to carry out public consultation, evidence, hearings, hearings, etc., and that the rule of law sector of the city's people can require the drafting sector to fill the process in question or directly organize implementation.

Article 33: The rule of law sector of the Government of the city should be objectively impartial and realistically carefully studied the views of all parties and fully take reasonable opinions. The content and terms of significant divergent views should be organized in coordination with the relevant sectors, with uncoordinated agreement, which could be brought to the coordination of the Government of the city, or to the decisions of the commune.

A review of the draft local legislation and the draft regulations of the Government of the commune will be carried out in conjunction with the drafting sector, and the drafting notes will be developed.

The drafting note should include the content of article 25 of the present article, the review process of the draft articles, the coordination of the handling of major controversial issues and different views; and the holding of hearings should also provide clarifications on the hearings.

The draft local legislation and the draft regulations of the Government and their drafting notes are signed by the main holder of the rule of law sector of the city's Government to make recommendations for consideration by the Government. The Office of the People's Government should be brought to the attention of the Municipal Government in a timely manner or in plenary meeting, in accordance with the procedures.

Chapter V Consideration, decision, publication, request and interpretation

In considering draft local legislation and draft government regulations at the Standing Committee of the People's Government or in plenary meetings, a drafting note was made by the Government's rule of law sector to supplement the drafting sector on the basis of needs. The main heads of departments concerned with the draft local legislation and the content of the draft regulations of the Government were represented.

In addition to the new situation, the same issue should be in line with feedback from the request for advice or the coordination of the views reached and should not be subject to re-expression.

Article 34 was signed by the Mayor upon consideration of the draft local legislation and the draft Government regulations adopted by the Standing Committee of the People's Government of the city or by the plenary, following a request for amendments to the Conference. The review was not adopted and was implemented in accordance with the decisions of the Conference.

After consideration of the draft local legislation adopted, the Office of the Municipal People's Government shall, within ten working days of the date of signature by the Mayor, bring to the General Assembly or its Standing Committee the bill by the Municipal People's Government.

The draft Government regulations adopted under consideration shall be issued and published by the Office of the People's Government within ten working days of the date of signature by the Mayor, in a timely manner in the Continental Journal, and the Government of the Republic of the Republic of the Congo is responsible for the publication of the information network on the rule of law in the Government of China and the Africa Daily Reports.

The text of the Government's regulations, which are published in the Continental, is the standard text.

The Orders of the People's Government should be maintained and set forth the establishment of organs, orders, regulations, dates adopted, time of operation, mayors and date of publication.

Article 35 Government regulations should be implemented after thirty days of the date of publication, but with regard to national security and the non-exclusive application of regulations, which may be applied from the date of publication.

Article XVI Government regulations should be sent to the State Department of the Rule of Law of the People's Government by law within thirty days of the date of publication, the Permanent Committee of the Provincial People's Representatives to the General Assembly, the Government of the province and the Standing Committee of the People's Congress.

The right to interpret the Government's regulations lies with the Government of the city.

The Government's regulations explain the recommendation that the executive branch make the need for interpretation, which is reviewed by the rule of law sector of the city's people, or directly by the rule of law sector of the city's people, and are published after the approval of the Government.

The interpretation of government regulations is equally effective with government regulations.

Chapter VI Clearing, revising and repealing

The executive branch shall assess its implementation for a period of five years after the implementation of Article 338 Government regulations.

The Government's rule of law sector can organize an assessment of the major interests of the people, the implementation of government regulations governing the common administrative conduct of the economic and social development bureaux or several sectors.

After the Government's regulatory assessment, the executive branch or the sector that organizes the assessment should make clear assessment findings and write the Government's regulatory assessment report to the Government.

The implementation sector should be cleared every five years after the Government's regulations are in place. Where necessary, the rule of law sector of the city's people can organize the clearance of the relevant sectors.

Article 40 is drafted by the Government of the city by the People's Congress or by its Standing Committee for adoption and publication of local legislation and regulations published by the Government of the city, which require modification or repeal, and is implemented in accordance with this provision:

(i) Be incompatible with the law;

(ii) The laws, regulations on which they are based have been amended or repealed;

(iii) Be replaced by new laws, regulations or regulations;

(iv) Adjustment targets have disappeared or changed;

(v) Changes in the executive branch;

(vi) After clearance and assessment under the provisions, it is considered necessary to modify or repeal them;

(vii) Other circumstances that need to be modified or repealed.

Chapter VII

Article 40