Reporter Dai Yuliang reports.
The reporter learned from the Provincial Department of Justice that the "Measures for the Formulation and Supervision of Administrative Normative Documents in Shandong Province" was recently announced and will come into force on February 1, 2024.
The measures define administrative normative documents, that is, in addition to the first rules, by the provincial administrative organs or authorized by laws and regulations with the function of managing public affairs of the organization (hereinafter referred to as the administrative organs) in accordance with the statutory authority, procedures formulated and publicly released, involving the rights and obligations of citizens, legal persons and other organizations, with universal binding force, within a certain period of time repeatedly applied official documents. The measures clarify the main body of the preparation and issuance of normative documents, and stipulate that the deliberative and coordinating bodies, the dispatched agencies of the first work departments and the internal institutions of the departments and other institutions that do not have administrative management functions shall not formulate normative documents.
The Measures make it clear that the formulation of normative documents is an important way for administrative organs to perform their functions in accordance with the law. Except as otherwise provided by laws, regulations, and rules, policy measures involving the rights and obligations of citizens, legal persons, and other organizations shall be formulated and issued in the form of normative documents as the basis for administrative management. The measures require strict control of the number of normative documents and improve the quality of normative documents.
The relevant person in charge of the Provincial Department of Justice said that the legality review is an important part of the preparation and issuance of normative documents, and it is also an important guarantee for the legality and effectiveness of normative documents. The measures mainly refine the following aspects: stipulate that before the normative document is submitted to the formulating organ for collective deliberation and decision, the legality review shall be conducted, and the legality review shall not be replaced by soliciting opinions, countersigning, participating in the deliberation, etc.;Stipulates the materials submitted for review and the content of the review;It stipulates the methods of legality review and the measures for dealing with problems found, and clarifies that the opinions of legal advisers and public lawyers shall be heard in the legality review of normative documents, giving full play to their role and improving the quality of review;It stipulates the validity of the legality review opinion;Put forward requirements for auditors and audit capacity building, and strengthen the regularization of the team of legality audit institutions.