China Unveils New Regulations for Scrutinizing Laws and Regulations
BEIJING, Sept. 5, 2024 – The Chinesegovernment has announced new regulations for the review and registration of laws and regulations, aiming to enhance the quality and efficiency of the legislative process. Premier Li Qiang signeda State Council decree on Wednesday, officially promulgating the Regulations on the Registration and Review of Laws and Regulations, which will come into effect on November 1, 2024.
The new regulations, which revise the previous Regulations on the Registration of Laws and Regulations, are designed to implement the spirit of the Legislative Law of the People’s Republic of China and incorporatevaluable lessons learned from practical experience.
Key Enhancements:
The revised regulations introduce several key improvements, including:
- Clarified Legislative Objectives and Work Requirements: The updated regulations emphasize the importance of standardizing the registration andreview process, enhancing the capacity and quality of review work. They also underscore the need to adhere to the leadership of the Communist Party of China, prioritize the interests of the people, and ensure that all regulations are reviewed, corrected if necessary, and implemented within legal frameworks.
- Expanded Scope of Registration: The regulationsbroaden the scope of registration to include laws and regulations from the Pudong New Area, the Hainan Free Trade Port, and those formulated by institutions specified by law. This ensures a more comprehensive and unified approach to regulatory oversight.
- Streamlined Registration Procedures: The regulations streamline the registration process by reducing the number ofrequired documents and introducing requirements for electronic submissions. They also clarify the timeframe for submitting supplementary or revised materials for registration.
- Enhanced Review Methods and Timelines: The regulations introduce three primary review methods: proactive review, special review, and joint review with other government agencies. They also specify the timeframe for proactive reviews andexpand the scope of review items to include alignment with the Party’s and State Council’s major policy decisions and national reform directions. The regulations emphasize the importance of soliciting opinions and leveraging the expertise of the Registration and Review Expert Committee.
- Strengthened Error Correction Mechanisms: The regulations detail procedures for addressing inconsistencies betweenlocal regulations and national administrative regulations. The State Council’s Registration and Review Work Agency is tasked with referring such conflicts to the Standing Committee of the National People’s Congress for resolution. The agency can also engage in communication with the drafting authorities and provide written review opinions to rectify errors in regulations.
- Improved InstitutionalMechanisms: The regulations mandate that the State Council’s Registration and Review Work Agency submit an annual report on its work to the State Council. They also encourage collaboration and coordination with other government agencies involved in registration and review, and emphasize the importance of guidance and support for local regulations review.
Significance of the Regulations:
The revised regulations signify a commitment to strengthening the rule of law in China and ensuring the consistency and effectiveness of laws and regulations. They aim to:
- Improve the quality and efficiency of legislation: By streamlining procedures, expanding review scope, and enhancing review methods, the regulations aim to ensure that laws and regulations arewell-crafted, consistent with national policies, and effectively implemented.
- Promote transparency and accountability: The regulations emphasize the importance of public participation and expert input in the review process, fostering transparency and accountability in the legislative process.
- Strengthen the role of the State Council in legislative oversight: The regulations empower theState Council’s Registration and Review Work Agency to play a more active role in ensuring the quality and consistency of laws and regulations across the country.
The implementation of these new regulations is expected to have a significant impact on the legislative process in China, promoting a more transparent, efficient, and effective system for developing and implementinglaws and regulations.
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