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The people¡¯s governments of all provinces, autonomous regions, and municipalities directly under the Central Government, all ministries and commissions of and departments directly under the State Council: In order to better adapt to the requirements of accelerating the construction of a government under the rule of law and comprehensively promote the administration according to law, the State Council has decided to conduct a comprehensive clearing of the current administrative regulations and rules. Upon the consent of the State Council, we hereby notify the relevant issues as follows: 1. Clearing scope (1) Current administrative regulations; (2) Current rules formulated by the departments of the State Council; (3) Current rules formulated by the people¡¯s governments of the provinces, autonomous regions, municipalities directly under the Central Government and the relatively large cities. 2. Clearing principles The people¡¯s government of a province, autonomous region, municipality directly under the Central Government, relatively large city or a department of the State Council shall be responsible for clearing off the rules it has formulated, and handle them in accordance with the following principles: (1) Where the main content of the rules conflicts with any law or administrative regulation or the rules have been replaced by a new law or administrative regulation, these rules shall be abolished. (2) Where the rules have actually become invalid as their application period has expired or the objects subject to their adjustment have been eliminated, these rules shall be invalidated. (3) Where any clause of the rules is inconsistent with any law or administrative regulation, it shall be amended. (4) Where any department finds out that the provisions of ministerial rules on an issue are inconsistent with those of the rules of local governments on the same issue, this department shall propose suggestions and send them to the Legal Affairs Office of the State Council for research and handling. The Legal Affairs Office of the State Council shall undertake the specific clearing work of administrative regulations, propose suggestions in accordance with the following principles and send them to the State Council for decision: (1) Where the main content of an administrative regulation has bee replaced by any new law or administrative regulation, it shall be invalidated. (2) Where an administrative regulation has actually become invalid as its application period has expired or the objects subject to its adjustment have been eliminated, it shall be invalidated. (3) Where an administrative regulation is inconsistent with any law, it shall be amended. 3. Requirements on Clearing Work Clearing the administrative regulations and rules in a timely manner is an objective requirement and an important measure to safeguard the unification of legal systems and smooth out the implementation of government orders, promote the administration according to law and construct a government under the rule of law. All regions and departments shall attach great importance to this clearing work, strengthen leadership and make careful organization and thoughtful arrangement. The Legal Affairs Office of the State Council shall strengthen work guidance and do a good job in the urging and supervising work; the people¡¯s governments of all provinces, autonomous regions, municipalities directly under the Central Government and the relatively large cities and the legal affairs organs of all the departments of the State Council shall earnestly do the specific implantation work well so as to ensure the smooth proceeding of the clearing work. The clearing of administrative regulations and rules shall be finished before the end of October 2007. After the clearing work of administrative regulations is done, the Legal Affairs Office of the State Council shall report the clearing results to the State Council in a timely manner, and the results shall be published to the society upon approval. After the clearing work of rules is done, the people¡¯s government of any province, autonomous region, municipality directly under the Central Government, relatively large city or any department of the State Council shall respectively publish the clearing results and the catalogue of current valid rules to the society and, before the end of November 2007, send its clearing work summary to the Legal Affairs Office of the State Council (the people¡¯s government of a relatively large city shall send its clearing work summary to the people¡¯s government of the province or autonomous region), which shall report to the State Council after collecting all the summaries. Annex: Form about the Clearing of Rules General Office of the State Council February 25th, 2007 |
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