Procedures of Jieyang Municipal People's Government for Formulating Draft Regulations and Rules (20 19)

Chapter I General Provisions Article 1 In order to standardize the procedures of drafting local regulations (hereinafter referred to as regulations) and formulating government regulations (hereinafter referred to as regulations) by the Municipal People's Government and improve the quality of draft regulations and rules, these Provisions are formulated in accordance with the provisions of the Legislative Law of People's Republic of China (PRC), the Regulations on Procedures for Formulating Rules, the Regulations on Local Legislation of Guangdong Province and other laws and regulations, combined with the actual situation of this Municipality. Article 2 These Provisions shall apply to the establishment and drafting of rules of the Municipal People's Government and the formulation, drafting, examination, decision, publication and filing of rules. Article 3 The judicial administrative department of the Municipal People's Government shall organize the specific work of drafting laws and regulations, and urge, guide and coordinate relevant government departments to do relevant work. Mainly undertake the following responsibilities:

(a) the annual legislative plan to organize the drafting of rules;

(two) to organize the implementation of the annual legislative plan of the local regulations of the Standing Committee of the Municipal People's Congress, and to determine the annual legislative plan of the projects and regulations drafted by the Municipal People's government;

(three) to organize the drafting of administrative acts and other important draft regulations assigned by the Municipal People's government;

(four) to guide and supervise the drafting of laws and regulations;

(five) to review the draft regulations and submit them to the executive meeting or plenary meeting of the Municipal People's Government for deliberation and decision;

(six) to undertake the interpretation, filing and compilation of regulations;

(seven) to organize the cleaning and evaluation of rules and regulations;

(eight) to undertake other work related to the formulation of laws and regulations.

Counties (cities, districts) people's governments (administrative committees), municipal government departments and directly affiliated institutions shall, according to their respective functions and duties, undertake the specific work of drafting regulations and actively cooperate with the judicial administrative department of the Municipal People's Government to do a good job in government legislation. Article 4 The Municipal People's Government may, in accordance with the provisions of laws and regulations, formulate draft regulations or rules on the following matters in urban and rural construction and management, environmental protection and historical and cultural protection:

(a) in order to implement the provisions of laws, administrative regulations or local regulations, it is necessary to make specific provisions according to the actual situation in the region;

(two) related matters that belong to local affairs and need to formulate local regulations or government rules.

In principle, the draft laws and regulations shall not repeat the provisions of laws and regulations that have been clearly stipulated. Article 5 When drafting laws and regulations, we should implement the Party's line, principles, policies and decision-making arrangements, follow the legislative principles determined by the legislative law, and conform to the provisions of the Constitution, laws, administrative regulations and other superior laws.

Without the basis of laws, administrative regulations and local regulations, rules shall not set norms that derogate from the rights of citizens, legal persons and other organizations or increase their obligations. Article 6 The formulation of major economic and social laws and regulations shall be reported to the Municipal Party Committee in a timely manner in accordance with relevant regulations. Article 7 The drafting of draft regulations and the formulation of rules should highlight the characteristics of local legislation, avoid or overcome the interests of local and departmental departments, and solve practical problems, which is targeted and operable. Article 8 The names of laws and regulations are generally called "Regulations", "Implementation Measures" and "Provisions". The names of rules are generally called "regulations" and "measures", not "regulations". Article 9 Laws and regulations shall meet the requirements of legislative technical specifications, with strict structure, clear organization, accurate and concise language and specific provisions. Article 10 The funds required for drafting regulations shall be included in the annual financial budget. Chapter II Legislation Article 11 The Municipal People's Government shall, according to the needs of economic and social development, formulate an annual work plan for formulating rules (hereinafter referred to as the legislative plan for rules).

The judicial administrative department of the Municipal People's government is responsible for the specific work of formulating regulations and legislative plans. Article 12 The judicial administrative department of the Municipal People's Government shall solicit legislative suggestions for the next year from the people's governments of counties (cities, districts) and the relevant units of the Municipal People's Government before July 30 each year, and solicit legislative suggestions from the public through the media such as the portal website of Jieyang Municipal People's Government and the website of Jieyang Municipal Bureau of Justice. Thirteenth county (city, district) people's government and the relevant units of the Municipal People's government shall put forward legislative suggestions to the judicial administrative department of the Municipal People's government for the next year before September 30 each year.

The unit that intends to propose a legislative proposal project shall organize the project demonstration in advance or entrust the relevant unit to carry out the project demonstration. Fourteenth county (city, district) people's government and the relevant units of the Municipal People's government shall submit the draft regulations and explanations when making legislative suggestions. The instructions shall include the following contents:

(1) Necessity and feasibility;

(2) Basis for formulation;

(three) the main problems to be solved;

(four) the main measures to be taken;

(five) the basic situation of investigation and demonstration;

(six) the progress of legislation, and the plan submitted to the Municipal People's government for consideration;

(seven) other circumstances that need to be explained.

The legislative proposal put forward by the public can only put forward the name of the legislative project and the main reasons. The judicial administrative department of the fifteenth Municipal People's Government shall summarize and sort out the legislative suggestions put forward by the relevant units and the public, and report the legislative suggestions of local regulations to the Legislative Affairs Committee of the Standing Committee of the Municipal People's Congress; To evaluate and demonstrate the application for the establishment of regulations and the suggestions for the establishment of regulations for public consultation, and listen to opinions and suggestions from all sides through the coordination meeting or special investigation when necessary, and draw up the proposal draft of regulations and legislative plans of the Municipal People's Government.