Ministry of Justice Announces Provisional Regulations on Procedure for Major Administrative Decisions to be implemented as of September 1st
On May 16th, the State Council Information Office (SCIO) held a briefing where the Provisional Regulations on Procedure for Major Administrative Decisions (the “Regulations”) were discussed. The Regulations are divided into 6 chapters and contain 44 Articles, and provide stipulations related to the scope of major administrative decision matters, the procedure of making and adjusting major administrative decisions, determining liability for major administrative decisions, etc. The Regulations will take effect on September 1st, 2019.
The Regulations place emphasis on five major legal procedures, including public participation, expert verification, risk assessment, legality review, and collective discussion and decision-making. Clarifications and specifications are added to each of these steps, which are mainly revealed in two aspects: firstly, in the drafting phase of major administrative decisions, requirements for public participation, expert verification and risk assessment were made clear. Consultation of public opinion is now required for all matters except for those that are prescribed confidential by law. Secondly, legality review is made to be an essential step of the process. Decision drafts that have not undergone legality review, or those that failed the review, will not be submitted to policy-making organizations for discussion. Collective discussion and decision-making should be accurately recorded and coupled with liability determination.
Source: people.cn