The term "rules" as mentioned in these Measures refers to the binding normative documents formulated by the Municipal People's Government for the implementation of laws, administrative regulations and local regulations according to the specific administrative authority of this Municipality. Article 3 The scope of draft local regulations is limited to urban and rural construction and management, environmental protection and historical and cultural protection.
Draft local laws and regulations should be formulated, but the conditions are not yet mature. Because of administrative needs, rules can be made first. Two years after the implementation of the regulations, if it is necessary to continue to implement the administrative measures stipulated in the regulations, it shall be submitted to the Municipal People's Congress or its Standing Committee to formulate local regulations. Article 4 The names of rules are provisions, measures and detailed rules for implementation.
Making a comprehensive and systematic provision on a certain aspect of administrative work is called "provision".
It is called "measures" to make partial provisions on a certain aspect of administrative work or to make more specific provisions on a certain administrative work.
In order to implement a certain law and regulation, combined with the actual specific provisions of this Municipality, it is called "detailed rules for implementation". Article 5 The following principles shall be followed when drafting local regulations:
(1) Conforming to the provisions of the Constitution, laws, administrative regulations and other superior laws.
(2) Effectively protect the rights of citizens, legal persons and other organizations.
(3) Adhere to scientific and democratic legislation and promote the refinement of government legislation.
(four) combined with the actual situation of this city, with local characteristics.
Draft local regulations generally do not repeat the provisions of the superior law, the content should be specific and operable, and the text should be popular, simple and clear. Sixth Municipal People's government departments (units) and county (city, district) people's governments shall, in accordance with the requirements of these measures, conscientiously do a good job in drafting local regulations. Chapter II Planning Chapter II Planning Article 7 The Municipal People's Government shall prepare an annual legislative plan. The annual legislative plan consists of two parts: the draft local regulations, which are divided into the first-class plan and the second-class plan respectively. Projects with mature conditions are included in the first-class plan; Projects that are not yet mature and need investigation and demonstration are included in the second-class plan. The legislative plan is put forward by the departments of the Municipal People's Government and the people's governments of counties (cities, districts), and submitted to the legal institution of the Municipal People's Government before the end of each year 12.
Suggestions include: the name, purpose and legal basis, main contents, drafting department and completion time of the draft local regulations.
The legal institution of the Municipal People's Government shall make overall research and comprehensive coordination on the proposal, formulate the draft annual legislative work plan, and submit it to the executive meeting of the Municipal People's Government for deliberation. The draft regulations submitted for deliberation shall be submitted to the Standing Committee of the Municipal People's Congress for deliberation at the same time.
After the legislative work plan is issued, the relevant departments of the Municipal People's Government must seriously organize the implementation as planned. The legal institution of the Municipal People's Government shall strengthen the supervision and guidance on the implementation of the legislative plan. Chapter III Drafting Article 8 The relevant departments of the Municipal People's Government shall be responsible for the drafting of local regulations. The draft local regulations that are more important or involve multiple departments shall be jointly drafted by the lead department designated by the Municipal People's Government and relevant departments; When necessary, the legal institution of the Municipal People's Government shall take the lead in drafting.
When drafting local laws and regulations, you can invite relevant experts, scholars or institutions to participate, or entrust relevant experts, scholars or institutions to draft.
The drafting department shall strengthen the organization and leadership of the drafting of local regulations, set up a working group or designate a person to be responsible for the drafting. Article 9 When drafting local regulations, it is necessary to collect relevant information, conduct in-depth investigation and study, and closely integrate with reality. The content of the clause should be targeted, operable and effective. Tenth local regulations in the drafting process, to listen to opinions. Listening to opinions can take the form of written comments, symposiums, argumentation meetings, hearings, etc. Where the draft local regulations involve the business and responsibilities of other departments, the drafting department shall take the initiative to coordinate and strive for consensus; If there are still differences after full coordination, it shall explain the situation when the draft of local laws and regulations is submitted for review. Eleventh draft local laws and regulations directly related to the vital interests of citizens, legal persons and other organizations, shall hold a hearing. The hearing shall make a record and truthfully record the main viewpoints and reasons of the speaker. When the draft local regulations are submitted for review, it shall explain the adoption of the opinions of the hearing and the reasons. Twelfth involving major legal issues or special professional and technical issues, special meetings should be held to listen to the opinions of relevant experts, scholars, personnel with practical work experience and representatives of administrative counterparts.