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Regulations Of Beijing Municipality To Develop Methods

Original Language Title: 北京市人民政府规章制定办法

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Paragraphs Page

Chapter I General

Chapter II

Drafting

Review of chapter IV

Chapter V Decisions, publication and documentation

Chapter VI Revision, repeal and interpretation

Chapter VII

Chapter I General

Article 1 provides for the regulation of the Government of the city, the promotion of scientific legislation, democracy legislation, the improvement of the legislative quality of regulations, the guarantee of the legitimate rights and interests of citizens, legal persons and other organizations, and the development of this approach in the light of the National People's Legislative Act and the Regulations.

Article 2

The regulations set out in this approach refer to normative documents that are generally binding within the city's administrative system, in accordance with the Constitution, laws, regulations, in order to implement matters under the law or regulate specific local administrative matters.

Article 3 establishes measures to detract from the rights of citizens, legal persons and other organizations or to increase their obligations, which should be based on legal, administrative and local legislation; and, without merit, local legislation should be brought in accordance with the law. The development of local regulations is not ripe and regulations can be developed in accordance with the legislative law as a result of the urgent need for administration.

Article IV should be in line with the city's strategic position to adapt to economic and social development and to the need for a comprehensive deepening of the reform, insisting on a problem-oriented approach that guides the design of specific systems.

Article 5

(i) The state of affairs of the matter has stabilized, its nature and characteristics are clear and the contradictions and problems have become fully visible and the underlying social relations reflected in the matter;

(ii) The rules and trends that reflect social relations can be identified and the basic characteristics of social relations can be accurately understood;

(iii) The recognition of the legal adjustment of social relations by the various stakeholders is fundamental and the public is generally acceptable.

Article 6

(i) The nature of the institutional measures taken to address the problem effectively;

(ii) There is a basis for practice or a mature experience that can be drawn upon, institutional measures can be operational, coordination among measures and complicity;

(iii) Focus on cost-effective optimization, the cost of administration is balanced with the social benefits achieved and the effectiveness of implementation can be expected.

Article 7 should be developed through a reasonable allocation of administrative power, a combination of management tools, coordination of improved management mechanisms, a balanced approach to accountability, and the interface of legal systems.

The development of regulations should be consistent, modified, nullified and justified, optimizing systems and avoiding the inefficiencies of the legal system.

Article 8

The Ministry of the Rule of Law of the People's Government (hereinafter referred to as the Ministry of the Rule of Law) is responsible for the integration, organization, coordination and guidance of regulations.

The Government of the people of the region and the relevant sectors of the city are responsible for the formulation and drafting of regulatory projects, which are coordinated, organized and promoted by their institutions responsible for the rule of law.

Chapter II

Article 9 establishes regulations that should be established.

The authorities of the people of the region and of the city are of the view that regulations are needed and should be declared to the Government of the city.

In accordance with the municipal councils, the Government of the city's work requirements or the actual needs of the work, the Municipal Council may directly propose regulations.

In the local statutes, the Commission considered that local legislation should be developed but the conditions were not ripe and recommended that regulations should be developed without regulations.

Article 10

Citizens, legal persons and other organizations may submit proposals for legislative projects to the Office of the Rule of Law of the Municipal Government, including through correspondence, e-mail or facsimile.

Article 11 recommended that the municipal authorities conduct research in the relevant sectors.

The issues raised by the legislative project recommendations and the identification, legislative orientation, detailed legislative content and improved institutional measures should be referred to the relevant authorities for research and feedback. After study by the relevant sectors, it was considered necessary to establish legislation, which could be declared in accordance with the statutory procedures.

Article 12. The declaration of regulations shall be submitted in accordance with the relevant provisions of the Government of the city and the following relevant material:

(i) A request;

(ii) Legislative background information, research reports;

(iii) Relevant legal and policy documents;

(iv) Domestic and international legislative information on values;

(v) A summary and analysis of the views of the relevant parties on the submission;

(vi) Expert opinion on major and problematic issues;

(vii) Review of the body responsible for the rule of law of this unit;

(viii) Other relevant materials.

The content of the single report should include the need for legislation and the feasibility analysis, the main issues to be addressed, the main systems to be identified, the main measures to be taken, the expected social effects and possible problems.

The filing of a report by the declaration unit shall be subject to a collective discussion by the unit.

Article 13 regulates the review and collective discussion of decisions by the Office of Rule of Law of the Municipal Government.

In one of the following cases:

(i) Matters to be regulated do not fall within the legislative authority;

(ii) The provisions of the top law specify specificities without local legislative space;

(iii) Matters for disciplinary, policy, ethics and social self-government norms;

(iv) Matters that are coordinated at the planning, planning, technical standards and law enforcement levels.

In one of the following cases:

(i) Inadequate understanding of the nature and development trends of the matter, and inadequacies and problems;

(ii) The relevant policy is unclear or mature, or national legislation, legislation and policies will make significant adjustments;

(iii) Significant institutional adjustments or significant institutional barriers are under way.

The municipal administration of law should make a review decision in writing and inform the declaring units.

Article XIV, which is governed by article 3 of this approach, provides that, in accordance with the provisions of the legislative law, the declaration unit shall provide sufficient evidence on the need for regulations, urgency and the administrative measures to be taken. In the case of a review, the Principal Council of the Municipalities should consult with relevant working bodies. The declaration unit, the municipal authorities' rule of law, should carry out related work in accordance with feedback from the Standing Committee.

The regulations set out in the previous paragraph should be communicated with the relevant working bodies of the Commission at the drafting, review stage, the drafting unit and the Principality Rule of Law in the city.

Article 15. The municipal rule of law should be developed in accordance with regulations and the actual legislative requirements, the annual legislative workplan of the Government of the city, which shall be followed by the approval of the Government.

The Government's annual legislative work plan should be structured in accordance with the urgency of legislative needs, the level of social awareness and the maturity of basic work.

The Government's annual legislative workplan should clarify the principles, mandates, requirements and project names and drafting units.

Article 16

Local legislation should be developed but the conditions are not mature, and regulations should be noted in the legislative workplan as a result of the urgent need for administration.

Following the publication of the annual legislative work plan of the Government of the city, the drafting cell should develop a programme of work to promote the implementation of the legislative workplan, in accordance with the time requirements established by the Ministry of the Rule of Law.

Drafting

Article 18 Drafting units shall organize drafting regulations in accordance with established review observations and actual management needs.

The regulatory project involving more than two drafting units was drafted by the Municipal Government Rule of Law Office to establish a lead unit in accordance with the most closely related principles of function; it was a regulatory project for regulating the common conduct of the Government, which could be drafted by the Principal Rule of Law Office.

The drafting cell could entrust the relevant experts, colleges, scientific institutions and social groups with drafting. The drafting cell should strengthen process guidance and ensure the quality of drafting.

Article 19 Drafting units should strengthen research, focus on lessons learned and accurately control problems in management, study responses, fully validate the relevance and operationality of proposed institutional measures to ensure that management measures are in line with social realities.

Drafting regulations should be in compliance with the following requirements:

(i) To comply with the legislative spirit and basic principles of the superior law and to coordinate with the law and other regulations of the city;

(ii) The management measures established should integrate the interests of all parties from the entire city;

(iii) Management measures established should be tailored to the objective needs and be appropriate and reasonable;

(iv) Management measures established should be subject to accountability and should not be accompanied by increased sectoral authority and sectoral responsibilities;

(v) Management measures established should be specific, clear, detailed and operational;

(vi) Determining the content of the entity while setting procedural norms that guarantee the achievement of the entity's content;

(vii) The wording of the provisions is in line with legislative technical requirements, which are accurate, concise and consistent with national common language norms and legal language expression practices.

Article 21 Drafting units should widely listen to the views of the relevant sectors, the public, social groups, experts in the relevant areas, the management of comparatives and stakeholders, through written, colloquiums, hearings, hearings or questionnaires.

The content of the regulations relates to important legal issues or special professional technical issues, which should be organized by expert opinions; the direct reference to the interests of citizens, legal persons and other organizations should be held; significant differences, the high level of public interest, and the drafting cell should be consulted publicly by society.

The second article relates to the responsibilities of other executive subjects, which should be coordinated and heard by the drafting cell, in connection with changes in the administrative system or adjustments in responsibilities, and the drafting cell should be coordinated with the relevant units and should be reported to the Government of the city.

The draft regulations should be sent to the drafting body to review by the Government of the city, subject to collective discussions.

The draft regulations should be reproduced within two years from the date of adoption of the review.

Drafting units should submit the following materials:

(i) Reports of the review;

(ii) Draft texts of the regulations and their statements;

(iii) Relevant legal and policy documents;

(iv) Approval of documents by parent units on matters;

(v) A description of the coordination of views;

(vi) Implementation conditions and expected effectiveness of major institutional measures;

(vii) Review of the body responsible for the rule of law of this unit;

(viii) Convening of material such as the hearings and the proceedings of the hearings;

(ix) Other materials such as research reports, research findings on relevant national and international legislation.

The draft regulations were to be sent to the main ideas and institutional measures identified in the same paragraphs, and the drafting cell should provide clarifications on the circumstances and the reasons for the changes.

The drafting cell should provide clarifications on the proposed management measures, in the light of the urgent need for the administration to establish local legislation but the conditions are not mature.

Review of chapter IV

The draft regulations were sent under the responsibility of the Ministry of the Rule of Law.

The draft regulations and materials are not in accordance with article 24, article 25 of this approach, and the municipal rule of law may require the drafting unit to supplement the relevant material within 15 days; the drafting unit does not require the addition of the relevant materials, and the municipal government rule of law office may return the draft regulations to the drafting unit.

Article 27 provides for a legal review of the draft regulations, including the necessaryness, legitimacy, legitimacy, feasibility and normative aspects. Key review elements are:

(i) In conformity with constitutional, legal and legislative provisions;

(ii) To effectively guarantee the legitimate rights and interests of citizens, legal persons and other organizations, in the interests of the entire city;

(iii) Be in line with the direction of market economic development and institutional reform;

(iv) Whether the accountability balance is reflected and avoids emphasis on sectoral interests;

(v) The compatibility of institutional measures with the principle of proportionality and the legitimacy and affordability of management instruments;

(vi) Whether institutional measures are targeted, operational and enforceable;

(vii) Whether procedures are fair, fair and open and can effectively guarantee implementation by entities;

(viii) Other elements to be reviewed.

In its legal review, ICJ found that the draft regulations were one of the following cases, which could suspend the review and request the drafting cell to redraft or propose solutions:

(i) The main content differs significantly from the preceding paragraph;

(ii) Significant changes in top law or in the social situation;

(iii) Significant issues cannot be coordinated.

Article twenty-eighth Government Rule of Law should send the draft regulations in writing and a statement seeking the views of the people of the region and the relevant authorities of the city.

The Governments of the people of the region and the relevant sectors of the city should carefully study the draft regulations, provide written changes and add feedback from the public.

Article 29, in addition to the lawfulness of the law, shall communicate the text of the draft regulations to the entire portal of the Government of the city and the Government of the city and the Government of the Republic of the Republic of the Republic of the Republic and the Government of the Republic of the Republic of the Republic of the Congo, to the public in public consultation, openly, with regard to the issue of the hot spots and difficulties of the general public of society, and may also seek advice, including through the publication of the press and the conduct of the public opinion survey.

The time period for consultation with the public is generally not less than 30 days.

The public of society can make observations, including through the landing portal, the submission of e-mails and mail correspondence.

Article 33 views on all aspects should be carefully studied by the municipal authorities' rule of law. There was a constructive and representative opinion that the municipal administration of justice could take appropriate form of feedback.

Article 31 establishes a legislative third-party evidence counselling system.

The Municipal Council of Rule of Law could entrust the relevant experts, higher institutions, scientific institutions and social groups with the identification of institutional measures involving significant benefits in legislation.

Article 32 establishes a legal expert review system for legislative work, and legal review of the major, complex legal issues involved in the draft regulations.

The selection, adaptation and legislative clearance of the experts concerned are carried out by the Municipal Government Rule of Law Office.

In accordance with article 33, the LLEX, on the basis of a thorough research, extensive hearing, expert opinion review, has made a change in the draft regulations to be delivered, with collective discussions and draft regulations.

Article 34 of the Drafting Unit was unable to complete the process of redrafting or to propose solutions within one year from the date of the suspension of the draft regulations, which could terminate the review.

Chapter V Decisions, publication and documentation

The draft regulations were considered by the Municipal Government's Rule of Law Office to the Standing Committee of the Municipal Government or the plenary.

In considering the draft regulations, a statement was made by the Ministry of the Rule of Law.

Article 36, which was adopted by the Standing Committee of the Municipal Government or by the plenary, has been amended by the Municipal Council of Rule of Law to form a text of regulations in accordance with the deliberations, which may be invited to be made public in the form of a government order.

Following the publication of the regulations, the Beijing Communiqué of the People's Government and the Beijing Day should be published.

The text of the regulations published in the Beijing Communiqué of the People's Government is the standard text.

Following the publication of the regulations, the Standing Committee of State and Municipalities should be provided in accordance with the statutory procedures and deadlines.

Local legislation should be developed but the conditions are not ripe and should be explained in the context of the urgent need for administrative management.

Article 338 should be implemented after 30 days of the date of publication; however, it would not be possible to implement the regulations immediately after publication and would be enforceable from the date of publication.

During the drafting of the regulations, the relevant departments should study in a synchronistic manner the development of the accompanying measures and, after the publication of the regulations, prepare for implementation.

The Drafting Unit shall evaluate the effectiveness of implementation within six months after the implementation of the regulations, and report on implementation to the Government of the city. A specific change proposal was made with the evaluation to be modified.

Local legislation should be developed but the conditions are not ripe for the administration of justice, which should be evaluated with the relevant work agencies of the Commission. Upon evaluation, it was considered necessary to continue the implementation of the administrative measures set out in the regulations, and the Government of the urban population should enact local legislation in accordance with the law of 2 years before the date of entry into force of the regulations; it was considered that there was no need for continued implementation and that regulations should be repealed in a timely manner.

Chapter VI Revision, repeal and interpretation

In one of the following cases, the basicity of the regulations should be changed or repealed:

(i) The law is incompatible with or directly removed;

(ii) The content of regulations has been fully replaced by newly established laws, regulations and regulations;

(iii) Significant changes in social realities or targets of adaptation have disappeared;

(iv) Other cases should be fully revised or repealed.

Article 40 amends the regulations to be implemented in accordance with the relevant provisions of this approach; it is a simple change in the legislative principles, basic legislative thinking and the design of the main system, or repeals the regulations, which may be submitted directly to the Government.

Article 42 states that the right to interpretation is the Government of the city.

The administrative law enforcement authorities, in law enforcement, believe that the provisions of the regulations require further clarity or new circumstances require a clear application of the regulations and may make proposals for the interpretation of the regulations to the municipal authorities.

The Municipal Council of Rule of Law has reviewed the perceived need for interpretation and provided an explanation for the Government's approval and publication.

Regulation interpretation is equally effective.

Article 43 establishes a mechanism for regulatory clean-up work in this city.

The relevant units should not be cleared on a regular basis in accordance with the economic and social development situation in the city and the amendment to the law on the ground, and make recommendations to the Government of the city in a timely manner for amendments or the repeal of regulations.

The Department of State and its departments have made specific clean-up requirements or the municipal authorities' rule of law organizations may organize regulatory clearance efforts if necessary.

The translation of the text of the regulations and the compilation of the Chinese version are vested in the Office of the Rule of Law of the Municipal Government.

Article 42 of the Government's rule of law can be developed in accordance with this approach to the development of the relevant legislative work system, which is reported to be implemented after the approval of the Government of the city.

Chapter VII

Article 46 elaborates the draft local legislation to be submitted by the Government of the city to the Assembly or its Standing Committee, taking into account the relevant provisions of this approach.

Article 47 The Decision No. 94 of the Beijing People's Government of 29 April 2002 was similarly repealed.