Pre-voting evaluation refers to the activity of predicting and judging the possible social impact of local laws and regulations before they are submitted to the Standing Committee of the Provincial People's Congress for voting.
Post-legislative evaluation refers to the activities of tracking and comprehensively judging the quality and implementation effect of local regulations after they have been implemented for a period of time, and putting forward opinions. Article 3 Legislative evaluation shall meet the requirements of scientific decision-making, democratic decision-making and decision-making according to law, and adhere to the principles of objectivity, fairness, openness and transparency, and paying attention to actual results. Article 4 Legislative evaluation can evaluate laws and regulations as a whole, or a certain system in laws and regulations. Fifth new formulation, comprehensive revision and major system changes should be evaluated before voting. Article 6 The pre-voting evaluation shall be organized and implemented by the legal affairs office of the Standing Committee of the Provincial People's Congress, and opinions of all parties shall be listened to through holding symposiums, demonstration meetings and consultation meetings.
The personnel who participated in the pre-voting evaluation shall be selected by the legal affairs office of the Standing Committee of the Provincial People's Congress according to the specific circumstances of the bill and in line with the principle of representativeness and extensiveness, from deputies to the National People's Congress, experts and scholars, stakeholders and personnel with practical work experience.
According to the needs, the pre-voting evaluation is entrusted to the local legislative research, evaluation and consulting service base in Guangdong Province or other scientific research institutions, intermediary organizations and trade associations with evaluation capabilities. Article 7 The pre-voting evaluation mainly refers to the overall evaluation of laws and regulations, focusing on the following three aspects:
(a) whether the timing of the promulgation of laws and regulations is appropriate, whether it is compatible with the level of economic and social development in this province, whether it has the corresponding implementation conditions, and whether the relevant supporting measures can be put in place in time;
(two) the possible impact on the reform, development and stability of the region after the adoption of the regulations;
(three) major factors and problems that may affect the implementation of laws and regulations. Article 8 The legal affairs office of the Standing Committee of the Provincial People's Congress shall form an evaluation report according to the opinions reflected by all parties, and issue it to the meeting of directors of the Standing Committee of the Provincial People's Congress as a reference for deliberation of laws and regulations. Ninth local regulations in any of the following circumstances, it should be timely after the legislative evaluation:
(a) has a significant impact on social stability, economic regulation and ecological environment protection;
(two) directly related to public safety and interests;
(3) great changes have taken place in the social environment when legislation was enacted;
(four) the problems reflected by the NPC deputies, CPPCC members, the public and relevant organizations;
(five) law enforcement inspection found many problems;
(six) other circumstances that need to be evaluated. Tenth to carry out post-legislative evaluation is decided by the meeting of directors of the Standing Committee of the Provincial People's Congress.
The legal affairs office of the Standing Committee of the Provincial People's Congress may, according to the needs of the work, put forward suggestions for post-legislative evaluation and submit them to the meeting of directors of the Standing Committee of the Provincial People's Congress for decision. Eleventh provincial people's Congress Standing Committee legal affairs institutions according to the requirements of the meeting of directors of the provincial people's Congress Standing Committee to develop a post-legislative evaluation work plan.
The work plan of post-legislative evaluation mainly includes the composition, content, method and arrangement of post-legislative evaluation team. Article 12 The post-legislative evaluation group shall be attended by the relevant special committees of the provincial people's congress, the relevant working committees of the Standing Committee, the Legislative Affairs Office of the provincial people's government and relevant government departments, and some NPC deputies, experts and scholars may be invited to participate. Article 13 Post-legislative evaluation should be made public, and opinions from all sectors of society should be widely listened to through listening to reports, holding symposiums, field research, expert consultation, special research and questionnaire surveys. Fourteenth law enforcement agencies can evaluate the implementation of laws and regulations according to the requirements of the evaluation work plan.
Post-legislative evaluation can be entrusted to Guangdong local legislative research, evaluation and consulting service base or other scientific research institutions, intermediary organizations and trade associations with evaluation ability according to needs.
The evaluation opinions of law enforcement agencies and the opinions entrusted by third parties shall be used as reference materials for the post-legislative evaluation group to write the evaluation report, and shall be printed and distributed as an annex to the post-legislative evaluation report to the meeting of directors of the Standing Committee of the Provincial People's Congress and the meeting of the Standing Committee. Article 15 Post-legislative evaluation mainly focuses on the following three aspects:
(a) the basic situation of the implementation of laws and regulations, including administrative law enforcement, the formulation of supporting documents, the social and economic benefits achieved, and the problems encountered in the implementation process;
(two) the pertinence and operability of key systems such as administrative licensing, administrative punishment, administrative coercion, administrative fees, institutional setup, division of functions, and funding guarantee. Involving laws and regulations, whether it has achieved the legislative purpose;
(3) Deficiencies in laws and regulations. Article 16 The post-legislative evaluation team shall make a post-legislative evaluation report according to the evaluation, including the following contents:
(a) the basic situation of the implementation of regulations;
(two) the impact of laws and regulations on the economy, society and environment;
(3) Problems existing in laws and regulations;
(four) to put forward opinions and suggestions on the implementation, revision and abolition of laws and regulations.