General Provisions Article to regulate Municipal People's Government (hereinafter referred to as the municipal government) elaboration of the draft local laws and rulemaking procedures to ensure the quality of the draft local laws and regulations, according to "People's Republic of China legislation law, "State Department" rulemaking regulations "," Jiangxi legislative act "and" Jiangxi Provincial people's Government to develop local draft rules and procedures rulemaking provisions "and other laws, rules and regulations, combined with the actual city, the enactment of this provision .
Second municipal government prepare draft local laws and regulations of the program includes the project, drafting, reviewing, decided to draw consideration; rulemaking procedures include project, drafting, reviewing, we decided to publish, for the record, to explain.
Government proposed amendments to local laws and regulations, the abolition of the draft text, with reference to these provisions.
Article The term local draft rules, is in accordance with the provisions of the draft program, the city government motion to draw the People's Congress, the municipal or rural and urban construction and management of its Standing Committee for consideration, environmental protection, the draft normative documents of historical and cultural protection areas.
The term regulation refers to the municipal government in accordance with statutory authority and procedures provide for the establishment of this, the city government decree concerning urban construction and management, environmental protection, protection of historical and cultural aspects of the regulatory documents.
Article elaboration of draft regulations and the development of local regulations should follow the "People's Republic of China Legislation Law" legislative principles identified, in line with the Constitution, laws, administrative regulations and other higher-level laws, the case from the city and the actual needs, adhere to the city's economic and social development.
Article formulate local draft rules and regulations should be formulated to protect the legitimate rights and interests of citizens, legal persons and other organizations, should fulfill its obligations stipulated in the same time, it should provide their respective rights and rights-based approaches way.
Preparation of draft local laws and regulations should reflect the development of the executive "authority and responsibility of unity" principle, conferred on the executive authority necessary while exercising their functions and powers should provide the conditions, procedures and shall bear responsibility.
Article municipal legal body responsible for the elaboration of a draft of local municipal regulations and rulemaking related work:
(a) responsible for the preparation of the draft annual legislative program municipal government, the municipal government approved organization and implementation;
(b) according to the city government to arrange annual legislative program, inspection, supervision, guidance drafted by the timely drafting of local regulations or rules of the draft manuscript, the organization responsible for drafting or drafting of the provisions of the tenth the draft local laws and regulations listed in the case of eight or regulations manuscript;
(c) is responsible for reviewing, coordinating, and modifying a draft of local regulations or rules of peer review;
(four ) regulatory filing concrete contractor, interpretation;
(v) the municipal government in charge of legislation and regulations to assess cleanup;
(VI) is responsible for preparing the draft local municipal regulations and the development of other work regulations.
Article formulate a draft of local regulations and requirements for the development of regulations included in the annual budget by the municipal government legal agencies to establish the financial sector legislation please funds co-ordinate arrangements, centralized management, unified allocation mechanism.
Project Chapter VIII of municipal government legal agencies should begin in early July each year, the municipal government department, county (district) government drafted next year the preparation of draft regulations and the development of local regulations legislation proposed project; at the same time through the news media, government website or take the form of questionnaires to solicit citizens, legal persons and other organizations recommend the elaboration of a draft of local regulations and rulemaking.
IX municipal department, county (district) government considers it necessary, may propose the elaboration of a draft local laws or regulations apply to the project to develop the city government legal agencies. The main problem of the project application should prepare draft local laws and regulations or the need to develop regulations, feasibility, according to the legislation, to be solved, clarification and other major systems to be established, along with the first draft of the project. Project application by the applicant shall be primarily responsible for the validation and affix the official seal. Made major problem
citizens, legal persons and other organizations may propose the elaboration of a draft local laws or regulations to develop legislative proposals to the legislative affairs office of the municipal government, and its necessity, to be solved, and other major systems to be established Written statements.
Project application, the legislative proposals are generally on or before August 31 each year submitted to the municipal government legal agencies.
Article X Legal municipal institutions shall apply to the project and to summarize legislative proposals, and to demonstrate through research coordination meetings or thematic research, demonstration and other ways, the city government plans to prepare draft legislative year. Results
municipal government legal agencies as required, to organize legislative research and demonstration subject report as an official project of the main basis for legislation.
Article XI to be included in the annual legislative program of municipal projects should meet the following conditions:
(a) comply with the city's local legislative authority;
(b) legislative clarity of purpose, based on the full, indeed the need to develop local laws or regulations;
(c) compliance with the city's economic and social development and the actual administrative, legislative conditions are ripe;
(IV) the main systems and measures to be established necessary and feasible.
Article XII of the following circumstances shall not be included in the municipal annual legislative program:
(a) does not comply with the legislative purpose of the party and the state's basic principles and policies are not in line with the socialist market laws of economic development and transformation of government functions required;
(ii) copy the large number of laws, administrative regulations or other provisions of higher law, no substantive content, the necessity of legislation inadequate;
(iii) project to standardize the content is not in-depth investigation, the main problems are not allowed to hold, the legislation was premature;
(iv) other unwanted or through the development of local laws and regulations to solve matter.
Similar project has been included in the legislative Standing Committee of the National People's Congress, the legislative plan of the State Council, the provincial People's Congress Standing Committee, the provincial government legislative program, or State Council departments ongoing legislation, generally not included in the municipal annual legislative plan.
Article XIII of the draft municipal annual legislative program, submitted to the municipal executive session by the municipal government legal agencies.
Municipal government legal agencies in the municipal annual legislative plan submitted to government approval before it shall be one of the projects in full consultation with local laws and regulations Municipal People's Congress Standing Committee of the legal institution, the municipal government to do the annual legislative planning and Municipal people's Congress Standing Committee Legislative planning and the annual legislative program of convergence. Draft annual legislative program
municipal government should clear the name of legislative projects, the drafting unit and submitted to the municipal government of the time.
Article XIV of the draft annual legislative program municipal government after the municipal government executive meeting examined and adopted by the municipal government office issued the Executive, and to the public.
Article XV because of special circumstances need to make unplanned legislative project proposal or adjust the annual legislative program, the municipal government shall seek written legal advice agency, proposed by the municipal government legal opinions to the institution after the government decided to deal with. Local and draft regulations
drafting Chapter III Article XVI proposed regulation generally consists applied for approval of the drafting unit or department. Project
citizens, legal persons or other organizations, and legal institutions by the municipal government consultation with the relevant departments drafting unit, or by the municipal government to determine the drafting unit.
Article XVII draft drafter drafting local laws and regulations and other relevant units shall provide the relevant areas, the system and the proposed measures, and other relevant information, and the drafting work required, cooperate with the following tasks:
(a) designate familiar with the business people involved in the drafting;
(ii) to assist in legislative research and demonstration activities;
(c) designate the person in charge to participate in important issues coordination.
Article XVIII draft local laws or regulations of the following circumstances, the rule of law by the municipal government agency or organization responsible for drafting drafting:
(a) common administrative acts involving one or more functions of the departments, it is difficult to determine the drafting unit;
(ii) for important administrative matters and strong comprehensive legislation;
(iii) other legal institutions need to be drafted by the municipal government or organization drafted.
Article XIX municipal government agencies or legal drafting unit, the lead organization experts, legislative staff and law enforcement personnel, the establishment of legislative drafting group to carry out the work; and to be entrusted to the experts, universities, research institutions or social organization drafted.
Diershitiao commission determined by local laws and regulations draft drafting unit shall meet the following conditions:
(a) are familiar with the laws and regulations and relevant expertise of staff; | ||
(b) experience or research related fields;
(iii) other conditions have to adapt and take on the role.
Article XXI drafting local draft rules, regulations, should be in-depth research, summarize experience, and full evaluation, and solicit opinions in accordance with the following provisions:
(a) to additional request, comments and other forms of convening comments county (district) government, municipal government departments, administration and other aspects of the relative person.
(B) In addition to the need for confidentiality, the local draft rules and regulations draft shall solicit public comments through a network or newspaper and other media, time is generally less than 30 days.
(Iii) local draft rules of the following circumstances, the regulations or any of the following purposes 2,3,4 circumstances, should be invited to the relevant departments, social organizations and experts and scholars, industry representatives . Legislative demonstration will be held:
1 proposed administrative licensing, compulsory administrative measures or administrative penalties;
2 important issues concerning the overall situation of reform, development and stability;
||. . | 3 professional, technical stronger;
4 situation is complex, involving a wider surface.
(Iv) draft local laws and regulations of the following circumstances, the administration should have held relatively representatives, public representatives, deputies and CPPCC members to participate in legislative hearings, the hearing in accordance with relevant procedures provisions:
1 adjustment directly relates to the vital interests of citizens, legal persons or other organizations, or departments, organizations or citizens of their significant differences of opinion;
2 laws and regulations should. Legislative hearings held.
Article 22 legislation adopted by the circumstances of the comments should be some form of feedback.
Held a demonstration and legislative hearings, reports should be formed, and as a preparation of the draft local laws and regulations formulated an important reference.
Article 23 of the draft local draft rules and regulations of the draft should be reviewed by the legislative affairs office of the drafting unit, through collective discussion by the drafting unit, forming the draft local rules and regulations manuscript, It is mainly responsible for drafting unit signed by the person; several units jointly drafted the manuscript should be signed by the person in charge of several major drafting unit.
Case of Article 24 municipal legal institutions shall perform the annual legislative program for the drafting of inspection, supervision, guidance and coordination.
Drafting units should complete the drafting of the draft and submitted in accordance with the municipal government to determine the time of submission of the annual legislative program rules.
Due to special circumstances can not be completed or delay the completion of the drafting and submission of work, the drafting unit shall submit a written explanation to the legislative affairs office of the municipal government, the municipal government put forward opinions decided by the legislative affairs office of the municipal government.
Article 25 Chapter IV Review of the drafting of the municipal government to submit draft local laws or regulations of the manuscript, it should submit the following materials:
(a) submitted to the municipal government review referrals;
(ii) manuscript copy and electronic format;
(iii) drafting the manuscript notes and electronic text;
( d) consultations between the relevant organs, organizations and citizens on the main issues of disagreement manuscript and materials sectors; hearings, feasibility studies, and should be accompanied by hearings, feasibility studies transcripts;
( v) based on the development;
(f) other relevant materials.
Article 26 of the draft local laws and regulations or the drafting of the manuscript description should include the following: Necessity
(a) the development, present situation and major issues intended to regulate issues ;
(ii) drafting history; the main measures and their legal basis
(iii) provisions; (iv) the parties concerned
, the relevant departments and consultations to deal with different opinions; other issues
(e) should be noted.
Article 27 was drafted by the draft local laws and regulations or the manuscript submitted to government leaders after signing the opinion, and make the city government legal agencies to review. After
Article 28 municipal legal institutions receive a draft of local regulations or rules manuscript and related materials should be submitted to its compliance with procedures, whether the material be complete within five working days review.
Submitted materials are not complete, the municipal government should require the drafting of the legal deadline to be filled; do not meet the filing procedures, overdue filled materials, return the drafting unit to re-apply.
Submitted in line with the requirements of Article 29, the municipal government legal agencies should conduct a comprehensive review of the manuscript, and critical review of the following elements: legality
(a) Legislation: Meets legislative authority, and whether the host wears a conflict, whether the illegal administrative license, administrative enforcement, administrative penalties, administrative fees and other measures, the availability of illegally restrict the rights of citizens, legal persons and other organizations or the illegal addition of its obligations; || | legislative necessity
(2): the implementation of higher law, to implement the central and provincial and municipal decision-making arrangements, security reform, development and stability, solve the administrative problems of the existence of the necessary legislation;
(iii) the feasibility of legislation: to be the main institutional and regulatory measures set by whether it helps improve the administrative management, easy to operate, whether it is conducive to exercise the rights of citizens, legal persons and other organizations to fulfill their obligations, legislative opportune moment;
(d) the reasonableness of the legislation: whether embody the principle of the executive authority and responsibility of unity, whether the simplification, uniformity and efficiency principles, meets the requirements of functional transformation, whether it helps protect the public interest, whether there conducive to safeguarding the legitimate rights and interests of citizens, legal persons and other organizations; normative
(v) legislation: structural style is scientific, complete the internal logic is tight, articles express whether strict, standard language is concise, accurate , compliance with the relevant legislation technical specifications;
(vi) openness legislation: Have heard in accordance with the relevant administrative organ, the administrative counterpart and other public comments, with or without the adoption of various aspects of the proposed reasonableness comments and suggestions, opinions or without full coordination of all aspects of differences;
(vii) the need to review other content.
Article 30 of the draft local laws or regulations of the manuscript of the following circumstances, the municipal government legal agencies can return drafting unit:
(a) are not included in the municipal year legislative plan, without the municipal government approved the increase of the project;
(ii) basic conditions are not ripe or not developed the necessary;
(c) the main contents are totally unrealistic or inappropriate to strengthen the power sector, emphasizing the sectoral interests, need to make major revisions;
(iv) departments, agencies there is considerable controversy on the local draft rules or regulations of the main contents of the manuscript, the drafting unit and not departments, agencies consultation;
(V) content is seriously flawed, need to make a comprehensive adjustment;
(f) does not comply with other provisions of Chapter III.
Article 31 The municipal government legal agencies should draft local rules and regulations manuscript sent directly under the unit, the county (district) governments, relevant organizations and experts for comments.
Directly under the unit, the county (district) government after receiving the draft, written comments should be timely feedback stamped official seal of the unit. Overdue feedback written comments, by no opinion process.
Article 32 municipal legal institutions shall on the main issues of the draft local rules and regulations involved in manuscript, in-depth investigation and study, listen to the administrative department, administrative and other relative organs, organizations citizens advice.
Major issues involving the government legal agencies should be brought to the municipal government held a forum on their own or by the relevant units, experts participation, demonstration, listen, research and feasibility studies.
Municipal legal mechanism when convened these meetings, the drafting units shall send representatives to attend, briefings, hear comments and answer questions.
Article 33 The provisions of the drafting unit fails in the drafting process is disclosed for comments or a hearing of government legal agencies shall draft local rules, regulations, returned the manuscript drafting unit and to be open for comments or a hearing directly to the public.
Article 34 relating to the local unit of draft rules and regulations related to the main content of the manuscript have different views of government legal agencies should coordinate consensus; can not agree or department larger dispute between government agencies should draw legal municipal government held a special meeting to coordinate decisions.
Article 35 municipal agencies should carefully study the legal opinions from all sides, after consultation with the drafting unit of local laws or regulations draft manuscript be modified to form a local draft rules discussion paper or draft regulations and instructions. Necessity should include making, after reviewing the main problems to be solved, the main measures established to coordinate with the relevant departments of the case, heard and adopted opinions and other issues should be noted.
Local draft rules discussion paper or draft regulations and instructions by the municipal government agency primarily responsible for the legal person to sign proposed municipal government executive meeting drew the discussion and consideration of proposals.
Draft local laws and regulations by the municipal legal mechanism to review the manuscript time is generally less than 90 days.
Chapter decisions, publication and filing
Article 36 of the draft local rules, regulations, decisions should be discussed or considered by the municipal government executive meeting. When
municipal government executive meeting to discuss local draft rules discussion paper or consideration of the draft regulations by the municipal government agencies or legal drafting unit will be described.
Article 37 should discuss the drafting unit according to the municipal government executive meeting or comments for consideration, in time for the local draft rules discussion paper or draft regulations be modified to form a draft local laws and regulations, revised draft regulations, after sending the municipal government legal agencies to review and report signed by the mayor. Local draft rules by the mayor signed the bill, drew the Municipal People's Congress or its Standing Committee for consideration; regulations signed by the mayor of the city government order to be published. Or its Standing Committee for consideration a draft of local regulations to draw the Assembly Municipal People's Congress of Article 38
, local regulations should also provide a draft text descriptions, depending on the material and other necessary materials.
Article 39 of the Regulations published order shall state the authority to develop regulations, serial number, name of the regulations by the date and the name of the meeting, the date of execution, and the mayor signed the date of publication.
Unpublished regulations shall not be implemented. After
signed and promulgated regulations Article 40, shall promptly on "Fuzhou Daily" and the municipal government portal, in full. The text of rules "Fuzhou Municipal People's Government Gazette" published as a standard text. Date
Article 41 shall publish regulations within thirty days purposes; but not immediately after the announcement of the implementation of the regulations impede implementation can be from the date of promulgation. Within thirty days
Article 42 regulations since the announcement by the municipal government legal agencies submitted to the State, Provincial People's Congress Standing Committee, the provincial government and the Municipal People's Congress Standing Committee for the record in accordance with the relevant provisions.
Chapter VI interpretation, evaluation, amendment and repeal regulations
Article 43 of the following circumstances, the interpretation by the municipal government: regulations
(a) of Regulation the need to further clarify the specific meaning; the new situation after
(b) rulemaking is required to clarify how the specific application.
Regulations explain the provisions of the relevant procedural advice, after the approval of the municipal government announced by the municipal government with reference to the legal institutions. He explained
regulations with regulations having the same effect.
Purposes of Article 44 regulations every three years, the municipal government leading legal institutions, organize the implementation of the evaluation regulations; if necessary, can be entrusted to an independent third party to conduct assessments. Assessment of the municipal government. The main contents
assessment include: specifications subject to regulatory understanding, acceptance, achievement of the objectives of the legislation, after the implementation of the enforcement costs, social costs and the benefits generated, the implementation of the existing problems.
Article 45 municipal legal institution shall regularly carry regulations to clean up.
Article 46 local rules or regulations of the following circumstances, the implementation of the legal authorities or municipal agency shall promptly report to the municipal government to amend, repeal local laws or amendments to the draft regulations, the abolition of the draft text of recommendations :
(a) inconsistent with the laws, administrative regulations or other laws or upper incompatible; the matter of objective circumstances
(ii) the specification of significant change;
(c) authority to implement changes;
(d) in accordance with the provisions of Article 44 after the assessment that need to be modified, abolished;
(v) other should be revised, repealed the situation.
Chapter VII Supplementary Provisions Article 47 edited and published regulations compiled and executed by municipal agencies in accordance with the rule of law "codification editing and publishing regulations," the relevant provisions.
Article 48 These Regulations shall be effective October 1, 2016.