The term "evaluation" as mentioned in these Measures refers to the project evaluation and post-legislative evaluation of local laws and government regulations.
Project evaluation refers to the activities that the provincial, municipal (state) governments predict and judge the necessity and feasibility of a class of legislative projects required by the reporting unit after the introduction and the possible impact on the reform, development and stability of the region when preparing the legislative plan.
Post-legislative evaluation refers to the activities of tracking and comprehensively judging the legislative quality and implementation effect of local laws and government regulations after they have been implemented for a period of time, according to their legislative purposes, combined with the requirements of economic and social development, and according to certain standards and procedures, and making comments.
The term "third party" as mentioned in these Measures refers to organizations such as teaching and scientific research units, legal service institutions, trade associations and social intermediary institutions. Article 4 The third-party drafting evaluation of government legislation shall meet the requirements of scientific decision-making, democratic decision-making and legal decision-making, and adhere to the principles of objectivity, fairness, openness, transparency, systematicness, comprehensiveness and effectiveness. Article 5 The legal institutions of provincial, municipal (state) governments and relevant departments are the subjects of third-party drafting and evaluation of government legislation implementation.
The legal institution of the provincial, municipal (state) government is responsible for the organization, coordination and supervision of the third-party drafting and evaluation of government legislation, and the third-party drafting and evaluation of government regulations implementing local regulations and important administrative management.
The relevant departments of provincial, municipal (state) governments undertake the specific work of drafting and evaluating government legislation by third parties according to their respective responsibilities. Article 6 The funds required for the third-party drafting and evaluation of government legislation shall be guaranteed by the financial budget of the government at the same level. If the procurement budget reaches the government procurement quota standard, the service contractor shall be selected according to law through government procurement procedures. Article 7 A third party accepting entrustment shall meet the following conditions:
(1) It is legally established and can independently bear civil liability;
(two) personnel who are familiar with administrative legislation and administrative affairs or have relevant professional knowledge and skills, and master the technical specifications for legislation and evaluation;
(3) Having practical experience or research results in relevant legislation and evaluation fields;
(4) Having the personnel and time to complete the task of legislative drafting and evaluation;
(five) other conditions that should be met according to the actual needs of the entrusted project. Article 8 Where the government legislates to entrust a third party to draft an evaluation, it shall sign an entrusted evaluation or entrusted drafting agreement with the entrusted third party, specifying the entrusted task, quality requirements, completion period, remuneration, intellectual property rights, confidentiality provisions, liability for breach of contract, etc. Article 9 The entrusted third party shall abide by the confidentiality provisions, and shall not disclose the state secrets, commercial secrets and undecided and public information involved in the evaluation and drafting process. Tenth project evaluation by the provincial, municipal (state) government legal institutions. You can listen to the opinions of all parties by holding symposiums, demonstration meetings and consultation meetings. , and you can also entrust a qualified third party to evaluate related issues as needed. Eleventh project evaluation is mainly to evaluate a class of legislative projects to be included in the legislative plan, and the evaluation contents are as follows:
(a) the necessity of legislation, including legislative basis, legislative background and the importance of legislative matters;
(two) the feasibility of legislation, including whether the time is ripe, whether it meets the needs of local economic and social development, whether it has the corresponding implementation conditions, and whether the relevant supporting measures can be put in place in time;
(three) the possible impact of the introduction of legislative projects on the reform, development and stability of the region;
(four) the main factors and problems that may affect the implementation after the introduction of the legislative project;
(V) Cost-benefit analysis of the implementation of legislative projects.
When the relevant departments of the provincial and municipal (state) governments declare a class of legislative projects to the legal institution of the government at the same level, they shall submit the project evaluation report together. The contents of the project evaluation report shall conform to the contents of the project evaluation specified in the first paragraph of this article. If the project evaluation report is not submitted, it will not be included in the legislative plan in principle. Article 12 Where a third party is entrusted to conduct project evaluation, a project evaluation report shall be formed, with legislative basis and reference materials attached. The legislative basis and reference materials include the following materials:
(a) the relevant laws, local regulations, government regulations and policy documents of the state and our province;
(2) Relevant local regulations and government regulations of other provinces (autonomous regions and municipalities directly under the Central Government), cities divided into districts and autonomous prefectures;
(3) Leaders' speeches and academic theoretical materials related to legislation.