The term "post-legislative evaluation of regulations" as mentioned in these Measures refers to a system in which, after the implementation of regulations, according to its legislative purpose, in accordance with legal procedures, combined with the reality of economic and social development, the legislative quality, implementation performance and existing problems of regulations are investigated, analyzed and evaluated, and opinions such as continuing implementation, revision or abolition are put forward. Article 3 Post-legislative evaluation of rules and regulations shall follow the principles of objectivity, fairness, openness and transparency, public participation, and paying attention to actual results. Article 4 The Municipal People's Government shall uniformly lead the post-legislative evaluation of rules and regulations, and provide necessary guarantee for the post-legislative evaluation of rules and regulations.
The legal department of the municipal government is the competent department in charge of the post-legislative evaluation of regulations, and is responsible for the organization, coordination, guidance and supervision of the post-legislative evaluation of regulations. Article 5 The administrative organ determined by the rules is the implementing organ of the post-legislative evaluation of the rules (hereinafter referred to as the implementing organ of the evaluation); There are more than two administrative departments determined by the rules or the administrative departments are not clearly defined by the rules, which shall be determined by the legal department of the municipal government.
People's governments at all levels, departments and other units related to the implementation of regulations shall participate in the post-legislative evaluation of regulations, and provide materials and data related to the post-legislative evaluation of regulations and other necessary support. Article 6 After the enactment of these Regulations, the assessment implementation organ may, according to needs, entrust institutions of higher learning, scientific research institutions, trade associations (chambers of commerce), social intermediary institutions and other units (hereinafter referred to as entrusted assessment units) to handle matters related to assessment.
The entrusted evaluation unit shall meet the following conditions:
(a) familiar with the laws and regulations on which the evaluation rules are based and the administrative affairs involved;
(two) there are more than three people who are proficient in the evaluation methods and techniques after the legislation of regulations;
(three) the time for relevant personnel to participate in the post-legislative evaluation of regulations can be guaranteed;
(4) Having the necessary equipment and facilities to carry out post-legislative evaluation of regulations. Article 7 In any of the following circumstances, a post-legislative evaluation shall be conducted:
(1) The regulations concerning the overall economic and social development and the vital interests of citizens, legal persons or other organizations have been implemented for three years, and other regulations have been implemented for five years;
(2) It is intended to be abolished or made a major revision;
(3) It is proposed to be upgraded to local regulations;
(four) NPC deputies and CPPCC members put forward more opinions and suggestions;
(five) administrative reconsideration and administrative litigation reflect more problems or the public and the news media put forward more opinions and suggestions;
(six) the Municipal People's Government considers it necessary to assess.
If the rules need to be amended or abolished due to the revision of the superior law or emergency, the post-legislative evaluation of the rules may not be carried out. Article 8 An evaluation institution shall, as required, submit an annual regulatory evaluation report to the legal department of the municipal government for the next year.
The legal department of the municipal government can also put forward the evaluation project after the next year's regulations and legislation according to the actual needs. Article 9 The legal affairs department of the municipal government shall prepare an annual post-legislative evaluation plan for the next year, which shall be implemented after being approved by the Municipal People's Government.
The legal department of the municipal government shall, in conjunction with the assessment of the implementation of the regulations and legislation, evaluate the project budget, and report it to the municipal finance department for allocation according to the regulations. Article 10 After the rules are formulated, the evaluation implementation organ shall evaluate the rules according to the evaluation plan.
The evaluation organ shall focus on the evaluation of the contents directly related to the vital interests of citizens, legal persons or other organizations in the regulations. Article 11 Post-legislative evaluation of rules shall mainly be based on the following standards:
(a) the legitimacy standard, that is, whether the formulation of rules conforms to the legislative authority and legislative procedures, and whether it violates the provisions of the superior law.
(two) the rationality standard, that is, whether it embodies the principle of fairness and justice; Whether the management measures are necessary and appropriate; Whether the setting of legal responsibility is equivalent to the fact, nature, plot and social harm of the illegal act.
(three) the standard of coordination, that is, whether the laws and regulations at the same level, supporting normative documents and national policies are in conflict, and whether the supporting systems required to be established are complete and connected with each other.
(four) the operability standard, that is, whether the prescribed system is feasible and easy to operate; Whether the specified measures are efficient and convenient; Whether the prescribed procedures are appropriate and simple.
(five) legislative technical standards, that is, whether the legislative technology is standardized, whether the logical structure is strict, whether the expression is accurate, whether it affects the correct and effective implementation of laws and regulations.
(6) Performance standards, that is, whether the rules are generally observed and implemented, whether the problems existing in administrative management are effectively solved, whether the expected legislative purpose is achieved, and whether the economic and social benefits obtained after implementation are significantly higher than the cost of formulating and implementing rules. Article 12 Post-legislative evaluation of regulations includes preparation stage, implementation stage and evaluation report formation stage. Thirteenth in the preparatory stage of the post-legislative evaluation of regulations, the following work is mainly carried out:
(1) Establish an evaluation team. The evaluation implementation organ shall organize the establishment of an evaluation team which is mainly composed of its own personnel and closely related to the implementation of regulations, with the participation of people's governments, departments and other units to undertake the evaluation work.
(2) Make an evaluation plan. The evaluation plan mainly includes the evaluation purpose, evaluation content, evaluation method, evaluation steps and time arrangement, fund use and organizational guarantee.