meaning
"Red-headed document" is not a legal term, but a general term for "document with red title and red seal issued by * * * organs at all levels (mostly central level)". Judging from the authority of the enacting body, the enacting body of administrative regulations is the State Council, and the enacting body of rules is the people of 3 1 provinces, autonomous regions and municipalities directly under the central government, the people of larger cities 19, and various departments, directly affiliated institutions and directly affiliated institutions with administrative responsibilities in the State Council. General "red-headed documents" can be formulated by administrative organs with administrative power when administrative work needs it. It can be seen that "red-headed documents" actually have broad and narrow meanings.
In a broad sense, "red-headed documents" are literally marked with red-headed documents and seals, including documents issued by administrative organs directly for specific citizens and organizations, documents not directly issued by administrative organs for specific citizens and organizations, and documents issued by administrative organs to clarify certain work matters.
In a narrow sense, "red-headed documents" refer to documents issued by administrative organs for unspecified citizens and organizations, which are binding on the public and involve their rights and obligations, that is, other normative documents with universal binding force except administrative regulations and rules in the legal sense. The public should be concerned about "red-headed documents" in a narrow sense. Now most companies regard it as another name for confidential documents, employment documents and urgent documents.
How to write the red-headed document of employee attendance management and the notice of serious labor discipline? . .
Just attach the management system.
Company department:
Recently, some employees in our company are lax in labor discipline, which has seriously affected the company's daily work and company image. After research by the administrative office and approval by the general manager of the company, it is decided to rectify the labor discipline in the near future, which is now issued to you in the form of * * * management system, and the competent leaders of all departments are requested to organize the study seriously. After the study, the administrative office will organize regular and irregular inspection and implementation. For some employees who knowingly commit crimes, they will be severely punished according to the regulations.
Hereby inform you
Subsidiary system
Is the file management method 5S? Is the file management method 5S? 5S is the on-site management method, that is, sorting, rectifying, sweeping, cleaning and literacy. Document management measures refer to the formulation, modification, abandonment and filing of documents.
Is the management method introduced by the authorities necessarily a red-headed document? The administrative measures issued by the organs may have red-headed documents or no red-headed documents, and shall be stamped with the seal of the organs.
Whether the company's various systems and methods are issued in red-headed documents, the company's decision to issue these systems should be issued in red-headed documents, and these systems can be issued as annexes to the decision without red-headed documents.
How to give priority to the company's red-headed document 1 and strictly implement the normative document formulation procedure? In order to standardize the procedures for formulating rules, the State Council has promulgated the Regulations on Procedures for Formulating Rules, and many departments have also formulated their own rules. The formulation of normative documents should also conform to certain operating procedures, and through necessary procedures and reasonable steps, this abstract administrative act of administrative organs is targeted and more scientific and reasonable.
2. Implement an open and fair system. When formulating normative documents, we should listen to opinions from all sides. For normative documents with universal binding force, we should also listen to the opinions of management counterparts to increase the transparency of normative documents. After the formation of normative documents, they should be published in a timely manner, which is convenient for implementation and more conducive to the participation and supervision of the masses.
3. Strictly divide the formulation authority. For matters that do not belong to the management at the same level, it is not allowed to formulate documents beyond the authority, communicate with each other in time, and ask for instructions in time for matters that belong to the authority of the superior, and it is not allowed to replace matters that need to create regulations with normative documents. At the same time, when formulating normative documents, it is necessary to strengthen the coordination of internal functional departments, establish a strict countersignature system, and have the opinions of the legal department on the contents related to laws and regulations.
4, strengthen the supervision and inspection of normative documents. The supervision of normative documents includes administrative supervision, judicial supervision and social supervision. The administrative organ at a higher level shall regularly inspect the normative documents formulated by its subordinate departments, and shall revoke or change the illegal documents. The internal legal office of the administrative organ shall regularly clean up the documents of the department and establish a normative document filing system.
Are all the red-headed documents of the company published internally? There is no expression of the word "red-headed document" in Chinese laws and regulations, but the words usually used to express it are "laws, administrative regulations, departmental regulations and local * * * regulations (all called administrative regulations in law)", which are all legal forms in China at this stage. In addition to these words belonging to the category of "law", there are also words used to express "administrative measures, decisions, orders, instructions and regulations". For example, Article 89 1 of the Constitution stipulates that the State Council's functions and powers include "stipulating administrative measures, formulating administrative regulations and issuing decisions and orders in accordance with the Constitution and laws"; Paragraph 2 of Article 90 of the Constitution stipulates that "all ministries and commissions shall issue orders, instructions and rules within their respective authorities in accordance with laws and administrative regulations and decisions and orders of the State Council"; Among the acts that can't bring an administrative lawsuit stipulated in Article 12 of the Administrative Procedure Law, there is a category of "administrative regulations and rules formulated and promulgated by administrative organs or decisions and orders with universal binding force" (does this mean that some decisions and orders are not universally binding, that is, specific administrative acts in administrative law? Decisions and orders with universal binding force are abstract administrative acts); Article 7 of the Administrative Reconsideration Law adopts "administrative regulations". In addition, in some laws and regulations, normative documents with universal binding force except "laws, administrative regulations and administrative rules" are collectively referred to as "other normative documents". For example, Article 14 of the Administrative Punishment Law stipulates that "other normative documents shall not set administrative punishment"; Article 17 of the Administrative Licensing Law also stipulates that "other normative documents may not set administrative licenses".
So what is the relationship between "red-headed documents" and "normative documents such as laws, administrative regulations, administrative regulations, administrative measures, administrative regulations, decisions, orders and instructions"?
In order to understand this problem, let's first look at some scholars' definitions of the concept of "red-headed documents":
The first definition: "red-headed document" is a common name for administrative documents, named after the red prefix on the front page of the document, which mainly refers to all kinds of information records formed in the process of administrative decision-making, administrative execution, administrative coordination and control. It mainly refers to "normative red-headed documents", including administrative regulations, administrative rules, administrative policies, administrative orders, administrative decisions, administrative rulings, administrative measures, administrative organization functions and working procedures, and various management standards.
The second definition: "red-headed documents" is a popular saying, which generally refers to non-legislative documents formulated and issued by relevant organs and departments other than the Constitution, laws, regulations and rules, including documents that stipulate abstract matters. Because the measures, instructions and orders issued in the name of state organs at all levels exercise various management functions on behalf of the state, they should be set as "red-headed documents" of the functions and powers of state organs, so they are called red-headed documents.
Judging from the above two definitions, the scope and nature of "red-headed documents" are different.
According to the first definition, enterprises cannot send red-headed documents.
According to the second definition, from the original * * * group enterprises to corporate enterprises, according to previous work habits, the practice of issuing red-headed documents was retained. Up to now, there is no document stipulating that these enterprises cannot send red-headed documents.
Without evaluating the advantages and disadvantages of these two definitions for the time being, let's first examine several characteristics of "red-headed documents" in real life.
From its external form, the "red-headed document" must be named after the red prefix of the first page of the document, while the non-red first page of the document does not belong to the "red-headed document". Therefore, China's "laws, administrative regulations and administrative rules" do not belong to the scope of "red-headed documents". Judging from the "red-headed documents" that appear in real life, there are several characteristics:
First, the subject matter is extensive. There are not only administrative organs, but also non-administrative organs. The State Council, the State Council ministries and other administrative organs, people at or above the county level and their subordinate departments, township people and their subordinate departments; Non-administrative organs include enterprises, institutions, social groups, social organizations, etc. When these subjects exercise their management functions, they will issue "red-headed documents";
Second, the uncertainty of the program. The formulation of laws, regulations and rules must follow the procedures prescribed by law. For example, the formulation of laws must follow the procedures stipulated in the Constitution and the Legislative Law; The formulation of administrative regulations shall comply with the Regulations on Procedures for Formulating Administrative Regulations and Regulations on Procedures for Formulating Rules. However, in reality, there is no uniform provision for the formulation of a large number of "red-headed documents". The "red-headed documents" of administrative organs are sometimes formulated in accordance with the Measures for Handling Official Documents of State Administrative Organs, and there is no procedural provision for the "red-headed documents" formulated by other non-administrative organs.
Third, the diversity of forms. The names of laws, regulations and rules in China generally have various forms, such as "laws, regulations, provisions, methods, implementation opinions and implementation details", but the names of "red-headed documents" in China are diverse and confusing to use. According to the Opinions on Handling Official Documents of State Administrative Organs, which came into effect on June 0, 20001year, we can infer that there are the following kinds: orders (or orders), decisions, announcements, notices, circulars, replies, instructions, opinions and letters. In terms of writing format, "red-headed documents" do not have a relatively complete structure like administrative regulations and rules, such as chapters, sections, articles, paragraphs, general rules, sub-rules and supplementary rules. They usually include the identity of the issuing authority, the number of documents issued, the title, the text and comments.
Does the company need to stamp the official seal when issuing red-headed documents? The red-headed documents of the company are official documents and must be stamped with the official seal of the company. In addition, there must be a document issuer, reporting unit, copying unit, number of documents, etc.
What does the company's red tape do? What is the legal effect? This is an internal document of the company, which is only valid for the employees of the company and has no legal effect. But if there is a dispute, it can be used as evidence.