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九月 20,2018

Several provisions of Shanghai Bureau of Justice concerning Formulating and Filing Administrative Normative Documents

Publishing department: system administrator   |   Date published: 十二月 28, 2015   |   Hits:32,136

 

Several provisions of Shanghai Bureau of Justice concerning Formulating and Filing Administrative Normative Documents

 

Article I (Purposes and Basis)

 

With a view to regulating the formulating and filing of administrative normative documents of the administrative system of this Municipality, strengthening the supervision over administrative normative documents, maintaining the consistency of the legal system and promoting law-based administration, such Provisions are formulated in accordance with Provisions of Shanghai Municipality on Formulating and Filing Administrative Normative Documents, the Rules on the Supervision and Inspection of Law Enforcement by Judicial Administrative Organs, as well as other relevant laws, regulations, rules and provisions, and in the light of the actual circumstances of work.

 

Article II (Definitions)

 

“Administrative normative documents” in such Provisions (hereinafter referred to as normative documents) refer to documents which relate to rights and obligations of citizens, legal entities, or other organizations, and which are generally binding and applicable in a specified period of time and are formulated by administrative bodies of the administrative system of this Municipality (hereinafter referred to as this system) based on the their statutory powers or powers authorized pursuant to relevant laws, rules or regulations.

 

The normative documents set forth in the preceding paragraph also include documents which are generally binding on prison inmates, community rehabilitation objects and patients abstained from drugs, and applicable in a specified period of time and are formulated by related bodies of the system on the strength of their statutory powers.

 

Article III (Application Scope)

 

These Provisions apply to the formulation and filing of the normative documents of the system.

 

The formulation of normative documents set forth in the preceding paragraph includes formulation of normative documents conducted independently by administrative bodies of the system or by them in collaboration with other administrative bodies; the filing of administrative normative documents set forth in the preceding paragraph includes filing of administrative normative documents formulated independently by administrative bodies of the system or by them as hosts in collaboration with other administrative bodies.

 

Article IV (Formulating Body and Restrictions)

 

The following bodies of the system (hereinafter referred to as the formulating bodies) may formulate normative documents:

 

  1. Municipal Bureau of Justice;

  2. Municipal Bureau of Prison Management;

  3. District (county) Bureau of Justice.

    The following institutions shall not formulate normative documents:

 

  1. Administrative units or public institutions affiliated to Municipal Bureau of Justice, except Municipal Bureau of Prisons;

  2. Internal organs of Municipal Bureau of Justice;

  3. Internal organs of Municipal Bureau of Prisons;

  4. Internal organs or agencies of district (county) Bureau of Justice.

    Article V (Department Functions)

    Offices of the formulating bodies shall coordinate the work of their respective bodies relating to the drafting, formulation, and submission for filing of administrative normative documents.

    The legal departments of the formulating bodies or their functioning departments which are responsible for legal affairs (hereinafter referred to as the legal departments) shall undertake the legal review of administrative normative documents drafted and formulated by their respective bodies, and examine normative documents to be submitted for filing.

    Article VI (Title, Reference Number and Style)

    Administrative normative documents shall generally be referred to as “provisions”, “procedures”, “detailed rules”, “decisions”, or “announcements”. Those related to the implementation of laws, rules, regulations, and superior administrative bodies’ administrative normative documents shall have the word “implementing” before the above mentioned words in their titles.

    The reference number of an administrative normative document shall be prepared according to the relevant standards and made up of body code, provision code, year, serial number and other parts.

    Administrative normative documents are generally divided into articles instead of chapters or sections unless they have complicated contents.

    Article VII (Plan)

    In the first quarter of each year, the legal department of a formulating body shall summarize and prepare a draft of its annual plan for preparation of normative documents and submit it to the office meeting of directors to be reviewed and approved.

    If a unit or internal organ of a formulating body considers that it is necessary to prepare and issue an administrative normative document in the name of the formulating body, it shall make a written proposal to the formulating body in the first month of each year.

    The following cases shall be included into the plan for preparation of administrative normative documents: such regulation has been included into a plan for preparation of local regulations or government regulations, and the formulating body needs to cooperate in researching into and drafting the relevant documents; a law, rule or regulation specifies that a related judicial or administrative body should prepare an administrative normative document; it is urgent to prepare an administrative normative document, which has sufficient legal basis and concerns a wide range of people, so as to define the mature experience accumulated in judicial and administrative practice.

    Article VIII (Drafting and Legal Review)

    The formulating body shall make arrangements for the drafting of administrative normative documents. A department of a formulating body may draft an administrative normative document independently or with the help of other departments. The legal department shall be responsible for legal review of the normative document.

    The drafting department shall complete the drafting in accordance with such provision and Article 11 to Article 16 of Provisions of Shanghai Municipality on Formulating and Filing Administrative Normative Documents. When submitting an administrative normative document to the formulating body for review, the drafting department shall also provide the following materials to the legal department: Application to the formulating body for review; a draft of the administrative normative document; description of the draft of the administrative normative document; laws, regulations, rules, national policies, commands or decisions of higher administrative authorities based on which the administrative normative document is drafted; related materials for solicitation of suggestions; other related materials.

    The legal department shall conduct legal review of the materials submitted for review according to such provision and Article 18 and Article 19 of Provisions of Shanghai Municipality on Formulating and Filing Administrative Normative Documents.

    After conducting legal review based on the provisions of the preceding paragraph, the legal department of Municipal Bureau of Prisons shall submit all the materials and its opinions of legal review to the legal department of Municipal Bureau of Justice for review.

    Article IX (Approving, Publishing and Publicizing)

    If the legal department of a formulating body considers that the draft of an administrative normative document complies with the relevant provisions, it shall submit the draft to the office meeting of directors for review and approval.

    If an administrative normative document is approved after being reviewed on an office meeting of directors, it shall be published based on the signature of the director of the formulating body and publicized on a government website.

    Article X (Right of Interpretation)

    The right to interpret an administrative normative document may not be granted to any internal organ and shall be exercised by the formulating body in a unified manner.

    Interpretation shall be submitted for review and approval, published and publicized according to the procedures under this provision.

    Article XI (Implementation and Period of Validity)

    An administrative normative document shall be implemented at the 30th day after its publication.

    The formulating body shall specify the period of validity, the starting date and the ending date of an administrative normative document. In a general case, the period of validity of an administrative normative document shall not exceed 5 years as of the date of implementation; if the title of an administrative normative document includes “Announcement”, its period of validity shall not exceed 1 year as of the date of implementation; if the title of an administrative normative document includes “interim” or “trial”, its period of validity shall not exceed 2 years as of the date of implementation.

    6 months before the period of validity of an administrative normative document expires, the formulating body may assess it in accordance with Article 27 of Provisions of Shanghai Municipality on Formulating and Filing Administrative Normative Documents. After the assessment, if the formulating body will continue to implement the administrative normative document or to implement a modified one after its period of validity expires, the formulating body shall re-publish the document with reference to the procedures under this provision.

    Article XII (Filing)

    A normative document shall be submitted to the relevant higher authorities for filing in accordance with the following provisions, while at the same time making a copy to the relevant archives:

 

  1. An administrative normative document of Municipal Bureau of Justice shall be submitted to Municipal Government for review and filing and submitted to Ministry of Justice for supervision and filing within 15 business days after its publication;

  2. An administrative normative document of Municipal Bureau of Prisons shall be submitted to Municipal Bureau of Justice for review and filing within 5 business days after its publication; within 10 business days after receiving the document, Municipal Bureau of Justice shall review the document, submit it to Municipal Government for review and filing and then submit it to Ministry of Justice for supervision and filing;

  3. An administrative normative document of Bureau of Justice of a district (county) shall be submitted to Municipal (County) Government for review and filing and submitted to Municipal Bureau of Justice for supervision and filing within 15 business days after its publication;

    The administrative normative document to be submitted for review and filing shall be sent directly to the legal department of a higher authority. When an administrative normative document is submitted for review and filing, the following materials shall be submitted: filing report of the administrative normative document (1 copy); official copy of the administrative normative document (5 paper copies and 1 electronic copy); description of the draft of the administrative normative document (1 copy); preparing basis (1 copy); opinions of legal review (1 copy). When an administrative normative document is submitted for supervision and filing, official copy of the administrative normative document (1 paper copy and 1 electronic copy) shall be submitted.

    Article XIII (Subject to Public Supervision)

    The formulation of administrative normative documents of this system shall be subject to public supervision. Public opinions may be solicited for modifying the draft of administrative normative documents of this system.

    When the formulating body receives any written suggestion on any administrative normative document from any citizen, legal person or organization, it shall verify the case; if there is a problem with the administrative normative document indeed, the case shall be handled according to Provisions of Shanghai Municipality on Formulating and Filing Administrative Normative Documents and other provisions and a written reply shall be made to the foregoing proponent.

    Article XIV (Implementation and Termination Date)

These Provisions shall be valid for 5 years from May 1, 2014, to April 30, 2019.