The term "drafting local regulations" as mentioned in these Measures includes the investigation, drafting, review and submission of local regulations to the Municipal People's Congress or its Standing Committee for deliberation.
The formulation of government regulations as mentioned in these Measures includes the initiation, investigation, drafting, review, decision, publication, filing, interpretation, modification and repeal of government regulations. Article 3 The Municipal People's Government may, according to the legislative plan of the Standing Committee of the Municipal People's Congress, according to the specific conditions and actual needs of this Municipality, and on the premise that different constitutions, laws, administrative regulations and local regulations of this province are in conflict, formulate draft local regulations on urban and rural construction and management, environmental protection and historical and cultural protection, and submit them to the Municipal People's Congress or its Standing Committee for deliberation. Article 4 The Municipal People's Government may, in accordance with laws, administrative regulations and local regulations of this province, formulate government regulations on the following urban and rural construction and management, environmental protection and historical and cultural protection:
(1) Matters requiring the formulation of government regulations in order to implement the provisions of laws, administrative regulations and local regulations;
(two) specific administrative matters belonging to the administrative region.
Local laws and regulations should be formulated, but the conditions are not yet mature. Because of the urgent need of administrative management, government regulations can be formulated 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 5 The drafting of local regulations and the formulation of government regulations shall follow the principles of scientific legislation, democratic legislation and legislation according to law, conform to the provisions of the Constitution, laws, administrative regulations and other superior laws, effectively protect the legitimate rights and interests of citizens, legal persons and other organizations, adhere to the procedures of public participation, expert consultation, full consultation and collective deliberation, adapt to the specific conditions and actual needs of this Municipality, and solve practical problems. Article 6 The Municipal People's Government shall exercise unified leadership over the drafting of local regulations and the formulation of government regulations.
The relevant departments (units) of the Municipal People's Government, the people's governments of counties (cities, districts) and the development zone management agencies dispatched by the Municipal People's Government are responsible for the pre-legislative investigation of local regulations or government regulations to be formulated, the declaration of legislative projects, the drafting of the manuscript and other related work.
The municipal judicial administrative department is responsible for drafting the draft legislative plan of the Municipal People's government, organizing the implementation of the legislative plan, and reviewing and amending the draft local regulations and government regulations. Article 7 The funds required for drafting local laws and government regulations shall be included in the annual budget of the government at the same level. Chapter II Project Establishment Article 8 The Municipal People's Government shall prepare the legislative plan for this year before the end of February each year.
The projects included in the annual legislative plan are divided into deliberation projects, preparatory projects and research projects. Projects under consideration refer to projects whose drafts are basically mature and can be published during the year; Preparatory projects refer to the projects whose main contents in the draft need to be further studied and published within the year; Research projects refer to projects that need to be formulated and carried out legislative research.
The annual legislative plan of the Municipal People's Government shall specify the name of each legislative item, the drafting unit and the time for submission to the municipal government for deliberation. Article 9 The municipal judicial administrative department shall notify the relevant departments (units) of the Municipal People's Government, the county (city, district) people's government and the development zone management agencies dispatched by the Municipal People's Government in writing before the end of August each year to declare the legislative projects for the next year, and publicly solicit suggestions for the legislative projects for the next year through the portal website of the municipal government.
The application materials for legislative projects submitted by the relevant departments (units) of the Municipal People's Government, the county (city, district) people's government and the development zone management agencies dispatched by the Municipal People's Government shall include the legislative project declaration form and the investigation and demonstration report. The report on the investigation and demonstration of legislative projects shall include the necessity of formulating local laws or government regulations, the main problems to be solved, and the main systems to be stipulated. To declare a project for consideration, the draft text of the proposal of local regulations or government regulations and its explanation shall be submitted at the same time.
Proposals for legislative projects put forward by citizens, legal persons or other organizations shall include the necessity of formulating local regulations or government rules, the main problems to be solved, and measures and suggestions. Article 10 The municipal judicial administrative department shall evaluate and demonstrate the declared legislative projects and publicly solicited legislative project suggestions, and communicate and negotiate with the government departments (units) that declare legislative projects and citizens, legal persons or other organizations that put forward legislative project suggestions.
The evaluation and demonstration of the declared legislative items mainly focus on the necessity of formulating local regulations or government regulations and the legality, rationality and feasibility of their contents. Eleventh projects included in the draft annual legislative plan of the Municipal People's government shall meet the following conditions:
(a) in line with the legislative authority of this Municipality;
(two) in line with the actual needs of the city's economic and social development, comprehensive deepening of reform and administrative management;
(three) the legislative purpose is clear and the basis is sufficient, and it is really necessary to formulate local regulations or government regulations;
(4) The main systems and measures to be stipulated are necessary, lawful, reasonable and feasible.
A declared legislative project or a publicly solicited legislative proposal project shall not be approved under any of the following circumstances:
(a) has been included in the national or provincial people's Congress Standing Committee legislative plan;
(two) the main problems to be solved have been stipulated in relevant laws, regulations and rules;
(three) the main system to be stipulated conflicts with the superior law or does not conform to the relevant policies and regulations of the state;
(four) beyond the legislative authority of this Municipality;
(five) does not meet the actual situation of the city's economic and social development and the actual needs of administrative management;
(6) The time for legislation is not yet ripe;
(seven) other matters that should not be resolved through legislation.