Measures to strengthen the formulation, supervision and management of administrative normative documents are as follows:
First, strict administration according to law, to prevent the indiscriminate distribution of documents.
(1) It is forbidden to post beyond authority. Adhere to the statutory duties must be, the law can not be authorized, strictly in accordance with the statutory authority to perform their duties, it is strictly forbidden to publish administrative normative documents in the name of internal departments. It is necessary to strictly implement the power and responsibility list system, and administrative normative documents shall not increase administrative power matters or reduce legal responsibilities beyond the provisions of laws and regulations; Shall not set administrative licensing, administrative punishment, administrative enforcement and other matters, increase the conditions for handling administrative licensing matters, and stipulate the contents of issuing circular certificates, duplicate certificates and unnecessary certificates; Shall not harm the legitimate rights and interests of citizens, legal persons and other organizations or illegally increase their obligations, and infringe upon citizens' basic rights such as personal rights, property rights, personality rights, labor rights and rest rights; Shall not exceed the scope of functions and powers stipulated by market regulation, enterprise and social self-discipline and citizen self-management; Measures to eliminate or restrict fair competition shall not be formulated illegally, nor shall they interfere with or affect the normal production and business activities of market participants illegally, nor shall they illegally set market access and exit conditions. (2) Strictly control the number of documents issued. Where laws, regulations, rules and superior documents have been clearly stipulated, and existing documents have been deployed and are still applicable, they shall not be released repeatedly; Those that can be merged should be merged as much as possible, those that are similar in content, those that can be distributed but not distributed, and those that have no substantive content. It is strictly forbidden to copy and transfer the superior documents, and "implement" the documents with documents. If it is really necessary to formulate administrative normative documents, we should pay attention to practical results, focus on pertinence and operability, and strictly control the use of words to ensure that policies and measures are rigorous, concise and accurate.
Second, standardize procedures to ensure legality and effectiveness.
(3) Strict procedures. Administrative normative documents must be issued in strict accordance with legal procedures, and important administrative normative documents should strictly implement procedures such as evaluation and demonstration, public consultation, legality review, collective deliberation and decision, and public release to the public. It is necessary to strengthen the management of issuance procedures, improve the working mechanism, improve the workflow, and ensure that the issuance work is standardized and orderly. (4) Carefully evaluate and demonstrate. A comprehensive demonstration of the necessity, feasibility and rationality of issuing administrative normative documents is an important prerequisite to ensure the legitimacy and effectiveness of administrative normative documents. When drafting administrative normative documents, it is necessary to evaluate the expected effect and possible impact of relevant administrative measures, and check whether the documents comply with laws and regulations, national policies, socialist core values and fair competition review requirements. For professional and technical administrative normative documents, experts in related fields shall be organized to demonstrate. The conclusion of the evaluation and demonstration shall be stated in the drafting instructions of the document as an important basis for issuing the document.
(5) solicit opinions extensively. Administrative normative documents that involve the vital interests of the masses or have a significant impact on the rights and obligations of citizens, legal persons and other organizations, except those that need to be kept confidential according to law, shall be publicly solicited for opinions. The drafting department can publish the draft document and its explanations and other materials through government websites, press conferences, newspapers, radio and television. , easy for the masses to know, and clearly put forward the way and time limit. For the adjustment involving the major interests of the masses, the drafting department should conduct in-depth investigation and study, and fully listen to the opinions of all parties, especially the opinions of stakeholders, through holding symposiums, demonstration meetings and field visits. Establish a feedback mechanism for communication and consultation, and explain the reasons for the relatively concentrated opinions and suggestions that have not been adopted when they are published. (6) Strict review and control. It is an important guarantee to establish a legal review mechanism of administrative normative documents with complete procedures, consistent powers and responsibilities, mutual connection and efficient operation. The drafting department shall promptly submit the manuscript and related materials to the office of the formulation organ and the department responsible for the legality audit, and ensure the integrity and standardization of the materials. The office of the formulation organ shall examine whether the drafting department has drafted in strict accordance with the prescribed procedures, whether it has conducted evaluation and demonstration, and whether it has solicited opinions extensively. The department responsible for the legality audit of the enacting organ shall timely conduct the legality audit on whether the formulation subject, procedures and related contents of the document comply with the provisions of laws, regulations and rules. Without the legality of the audit or the audit is illegal, it shall not be submitted for collective consideration. (7) Adhere to collective deliberation. The formulation of administrative normative documents should implement a collective research and discussion system to prevent illegal decision-making, arbitrary decision-making and "slapping the head" decision-making. Administrative normative documents formulated by local people's governments at various levels shall be deliberated and decided by the executive meeting or plenary meeting of the government at the corresponding level, and administrative normative documents formulated by government departments shall be deliberated and decided by the office meeting of the department. Collective deliberation should fully promote democracy, ensure that participants fully express their opinions, truthfully record collective discussions and decisions, and truthfully state different opinions. (eight) timely public release. After deliberation, adoption or approval, the administrative normative documents shall be uniformly registered, numbered and published by the formulation organ, and released to the public in a timely manner through government gazette, government website, government new media, newspapers, radio, television, bulletin boards, etc., and shall not be printed and executed in the form of internal documents, and unpublished administrative normative documents shall not be used as the basis for administrative management. For administrative normative documents that involve the vital interests of the masses, are highly concerned by the society and may affect the image of the government, the drafting department should do a good job in evaluating the timing of publication, strengthen the collection of public opinions after the publication of the documents, promptly judge and deal with them, actively respond to concerns, and explain them through press conferences, media interviews, expert interpretation and other means. And make full use of government websites and social media to strengthen communication and interaction with the public. The people's governments at or above the county level shall gradually build an information platform for administrative normative documents with authoritative release, information sharing and dynamic updating, and realize standardized, refined and dynamic management of documents with the help of big data and other technical means.
Three, strengthen supervision and inspection, strict accountability.
(9) Improve the responsibility mechanism. Local people's governments at all levels shall strengthen supervision and inspection of administrative normative documents issued by their subordinate departments and people's governments at higher levels to people's governments and departments at lower levels. If it is found that the legitimate rights and interests of citizens, legal persons and other organizations are infringed and the image and credibility of the government are damaged, it is necessary to intensify investigation and punishment, and investigate the responsible leading cadres and the directly responsible persons according to discipline and law. For places and departments with frequent problems and serious consequences, it is necessary to urge rectification through interviews or special inspections, and expose them to the public when necessary. (ten) to strengthen the supervision of filing. Improve the supervision system for the filing of administrative normative documents, so that orders must be followed, preparations must be reversed, and mistakes must be corrected. The formulation organ shall timely submit it for the record in accordance with the prescribed procedures and time limit, and take the initiative to accept supervision. Administrative normative documents formulated by local people's governments at or below the provincial level shall be reported to the people's government at the next higher level and the Standing Committee of the people's congress at the corresponding level for the record, administrative normative documents formulated by local people's government departments shall be reported to the people's government at the corresponding level for the record, and administrative normative documents jointly formulated by two or more departments of the local people's government shall be filed by the lead department. The administrative normative documents formulated by the departments implementing vertical management and subordinate departments shall be reported to the competent department at the next higher level for the record, and copied to the people's government at the same level where the formulation organ is located. The local people's government departments responsible for filing and examination shall strengthen the supervision of filing, deal with illegal documents in a timely manner, and report the problems found in the examination in an appropriate way. Improve the dynamic cleaning mechanism of administrative normative documents, and timely clean up the administrative normative documents of the region and the department according to the requirements of comprehensively deepening reform and comprehensively governing the country according to law and the needs of economic and social development, as well as the formulation, revision and abolition of the superior law and superior documents. Make full use of the power of social supervision to improve the review of administrative normative documents by citizens, legal persons and other organizations. Strengthen the cooperation and cooperation of party committees, people's congresses, governments and other filing institutions, and establish a linkage mechanism for filing and review. Explore the establishment of a working linkage mechanism with the people's courts and people's procuratorates, promote the joint efforts of administrative supervision and judicial supervision, and timely discover and correct illegal documents. (eleven) to strengthen supervision and evaluation. Improve the management system of administrative normative documents release, give full play to the role of government supervision mechanism, and incorporate the formulation, supervision and management of administrative normative documents into the supervision of the construction of a government under the rule of law, and as the content of administrative examination according to law into the evaluation index system of the construction of a government under the rule of law. The establishment of supervision and notification system, the implementation of the work, to be informed of praise; Poor implementation of the work, to be informed criticism.
legal ground
Organic law of local people's congresses and local people's governments at all levels in People's Republic of China (PRC)
Article 1 This Law is formulated in accordance with the Constitution for the purpose of improving the organizational system and working system of local people's congresses and local people's governments at various levels, ensuring and standardizing the exercise of functions and powers by people's congresses, upholding and improving the system of people's congresses, and ensuring that people are masters of their own affairs.
Regulations on rulemaking procedures
Article 1 These Regulations are formulated in accordance with the relevant provisions of the Legislative Law in order to standardize the procedures for formulating rules and ensure the quality of rules.