Government departments will be required to hold hearings before
hammering out administrative regulations and codes, according to
new regulations designed by the State Council to streamline
administrative legislation procedures.
The requirement was written in two regulations on the procedure for
the formulation of administrative regulations and codes, which were
issued by the State Council yesterday.
The regulations also require related departments and governments to
release drafts of codes that affect the interests of individual
citizens, legal persons and other organizations to the public.
"This will avoid policy making behind closed doors and make
administrative regulations and codes reflect more public opinion,"
said Ma Huaide, a professor of administrative law at China
University of Politics and Law.
"It makes administrative legislation more open and democratic," he
added.
The Legislative Procedure Law passed last year stipulates that the
National People's Congress (NPC) and its Standing Committee,
China's top legislative body, are responsible for making laws.
The State Council can devise administrative regulations in
accordance with the Constitution and laws.
Administrative regulations, only second to laws in legal efficacy,
are widely used to support the implementation of laws.
Administrative codes passed by ministries or other government
departments under the State Council and those passed by provincial
and prefectural governments enjoy an even lower position on the
legislative hierarchy.
"The two regulations, giving specific guidelines on the
administrative legislative procedure, are a concrete measure to
implement the Legislative Procedure Law and the democratic
principle of the Constitution," Ma said.
The regulations stipulate that administrative codes will be drafted
by one department, even if the issue regulated in the code involves
two or more government departments.
Legal affairs departments will also review administrative
regulations and codes before they are submitted to administrative
heads for approval.
"It is an effective measure to avoid conflict of interests among
different departments and will make the codes more fair," Ma
said.
The regulations stipulate that a 30-day period must follow the
issuance of all administrative regulations and codes, except those
concerning national security, exchange rates of foreign currencies,
monetary policy and those regulations which necessitate
implementation on the day of issue.
(China Daily November
28, 2001)