Chapter 1 General Provisions
Article 1 is the Guarantee The Standing Committee of the Wenzhou Municipal People's Congress (hereinafter referred to as the Wenzhou Municipal People's Congress Standing Committee) exercises the power of personnel appointment and removal in accordance with the law. Law", "Organic Law of the People's Congress of the People's Republic of China and the People's Courts at All Levels", and "Organic Law of the People's Congress of the People's Republic of China".
Article 2 The Standing Committee of the Municipal People’s Congress shall fully implement the policy of revolutionization, rejuvenation, knowledge and professionalism, adhere to the principle of having both ability and political integrity, fully promote democracy, and act in strict accordance with the law.
Article 3 The Standing Committee of the Municipal People’s Congress shall exercise the following personnel appointment and removal powers in accordance with the law:
(1) Decide on appointments and removals. When the Municipal People's Congress is not in session, it shall decide on the appointment and removal of individual deputy mayors of the Municipal People's Government; decide on the appointment and removal of the secretary-general, director and committee directors who are members of the Municipal People's Government, and shall report it to the Provincial People's Government for record.
(2) Appointment and removal. Appoint and remove the chairman, deputy directors and members of the Delegate Qualification Examination Committee of the Standing Committee of the Municipal People's Congress. Candidates for the Delegate Qualification Examination Committee must be nominated among the members of the Standing Committee of the Municipal People's Congress; appoint and remove the deputy secretary-general, office director and deputy director , director and deputy director of the Research Office, directors and deputy directors of the working committees of the Municipal People's Congress Standing Committee; during the intersession period of the Municipal People's Congress, appoint and remove individual deputy directors and some members of the special committees of the Municipal People's Congress, and appoint and remove individual deputy directors and some members of the special committees of the Municipal People's Congress. Candidates for special committees must be nominated among the deputies of the Municipal People's Congress; appoint and remove the deputy president, members of the judicial committee, chief judge, deputy chief judges and judges of the Municipal Intermediate People's Court; appoint and remove the deputy chief prosecutor and the procuratorial committee of the Municipal People's Procuratorate Commissioner, prosecutor.
(3) Approve appointments, removals and resignations. Approve the appointment and removal of the chief prosecutor of the county (city, district) People's Procuratorate, and approve the resignation of the chief prosecutor of the county (city, district) People's Procuratorate.
(4) Select and decide on agent candidates. When the Municipal People's Congress is not in session and the director of the Standing Committee of the Municipal People's Congress is unable to work or is absent for some reason, the Standing Committee of the Municipal People's Congress shall elect one of his deputy directors to serve as acting director; the Municipal People's Government, the Municipal Intermediate People's Court, the Municipal People's If the main leader of the procuratorate is unable to hold the position for any reason, the deputy leader shall be selected from among his deputy leaders.
If the decision is made to appoint the acting prosecutor general, it must be reported to the Provincial People's Procuratorate and the Standing Committee of the Provincial People's Congress for record.
(5) Revocation of position. During the period when the Municipal People's Congress is not in session, it is decided to revoke the positions of deputy mayors of individual Municipal People's Governments; it is decided to revoke the positions of the Secretary-General, Secretary-General and Chairman of the Committee who serve as members of the Municipal People's Government; it is decided to revoke the Vice-President of the Municipal Intermediate People's Court. , judicial committee member, chief judge, deputy chief judge, and judge positions; decided to revoke his positions as deputy chief prosecutor, procuratorial committee member, and prosecutor of the Municipal People's Procuratorate.
(6) Accept resignation. When the Municipal People's Congress is not in session, accept the resignations of members of the Standing Committee of the Municipal People's Congress and members of the special committees of the Municipal People's Congress; accept the resignations of the mayor and deputy mayor of the Municipal People's Government, the president of the Municipal Intermediate People's Court, and the Municipal People's Resignation of the Prosecutor General of the Prosecutor's Office. The resignation of the above-mentioned personnel shall be reported to the Standing Committee of the Municipal People's Congress for record. The resignation of the chief prosecutor of the Municipal People's Procuratorate shall be submitted to the Provincial People's Procuratorate for approval by the Standing Committee of the Provincial People's Congress.
Article 4 The procedures for the Municipal People's Congress Standing Committee to exercise the power of personnel appointment and removal: submit a personnel appointment and removal case, discuss it at the director's meeting, review it at the standing committee meeting, vote, announce it, and issue a letter of appointment.
Chapter 2 Submission of Personnel Appointment and Removal
Article 5 The personnel appointment and removal case submitted to the Municipal People’s Congress Standing Committee for review shall be signed by the official leader of the submitting agency, and generally it shall be signed by the Municipal People’s Congress Standing Committee. Submit 7 days before the meeting. The proposed appointees announced before the appointment of the Municipal People's Congress Standing Committee should generally be submitted 15 days before the Municipal People's Congress Standing Committee meeting. The relevant committee offices of the Municipal People's Congress Standing Committee should promptly notify the members of the Municipal People's Congress Standing Committee.
Article 6 Personnel appointment and removal cases shall be submitted according to the following categories:
(1) Director of the Standing Committee of the Municipal People’s Congress, Mayor of the Municipal People’s Government, President of the Municipal Intermediate People’s Court, Municipal The election and decision of the Chief Prosecutor of the People's Procuratorate shall be submitted to the meeting of directors of the Standing Committee of the Municipal People's Congress.
(2) Appointment and removal of deputy secretary-general, office director, deputy director, research office director, deputy director, working committee director and members of the Municipal People’s Congress Standing Committee, individual deputy directors and some members of various special committees of the Municipal People’s Congress The appointment and dismissal shall be proposed by the Municipal People's Congress Standing Committee Directors' Meeting.
(3) The appointment and removal of the deputy mayor, secretary-general, director and committee director of the Municipal People's Government shall be submitted by the mayor of the Municipal People's Government.
(4) The appointment and removal of the vice president, members of the judicial committee, division president, deputy division presidents, and judges of the Municipal Intermediate People's Court shall be submitted by the president of the Municipal Intermediate People's Court.
(5) The appointment and removal of deputy prosecutors, members of the procuratorial committee, and prosecutors of the Municipal People's Procuratorate, and the approval of the appointment, removal and resignation of the chief prosecutor of the county (city, district) People's Procuratorate shall be procuratorially reviewed by the Municipal People's Procuratorate Long draw.
Article 7 When submitting a personnel appointment and dismissal case, you need to provide basic information, main resume, inspection materials and other materials that should be explained.
The relevant materials submitted to the agency should reflect the ideological and political qualities, professional abilities, legal knowledge and legal concepts of the personnel to be held.
The Standing Committee of the Municipal People's Congress shall organize a pre-appointment legal knowledge examination for those who intend to serve. The results of the review shall be reported to the Municipal People's Congress Standing Committee Directors' Meeting and the agency to be appointed shall be notified. Without the approval of the Standing Committee of the Municipal People's Congress, those who fail to take the exam without any reason or whose test scores fail shall not be submitted to the meeting for appointment.
Article 8: Members of the Standing Committee of the Municipal People's Congress, members of the Special Committee of the Municipal People's Congress, mayor and deputy mayor of the Municipal People's Government, president of the Municipal Intermediate People's Court, and chief prosecutor of the Municipal People's Procuratorate To resign, I shall submit a resignation report to the Standing Committee of the Municipal People's Congress.
Article 9: The Municipal People’s Congress Standing Committee Chairman’s Meeting may propose to the Municipal People’s Congress Standing Committee the removal of state agency staff listed in Article 3 (5) of these Measures.
More than one-fifth of the members of the Standing Committee of the Municipal People's Congress may jointly submit a written proposal to the Standing Committee of the Municipal People's Congress to remove the staff of state agencies listed in Item 5 of Article 3 of these Measures, which shall be decided by the Directors' Meeting. Whether to submit it to the Municipal People's Congress Standing Committee for review; it can also be proposed by the directors' meeting, and the plenary meeting decides to organize an investigation committee. The subsequent meeting of the Municipal People's Congress Standing Committee will review and decide based on the report of the investigation committee.
Dismissal cases should state the dismissal object and reasons, and provide relevant materials.
Before the recall case is put to a vote, the person proposed for recall has the right to put forward defense opinions at the Municipal People’s Congress Standing Committee meeting, or submit defense opinions in writing, and the directors’ meeting will decide to issue them to the Municipal People’s Congress Standing Committee meeting.
Chapter 3 Discussion and Deliberation
Article 10: When a personnel appointment and removal case is submitted to the Standing Committee of the Municipal People's Congress for deliberation, the Directors' Meeting shall first listen to the relevant departments' introduction to the person to be appointed or removed. If the situation is unclear and the materials are inconsistent, the reporting agency shall be responsible for finding out the situation and supplementing or resubmitting the materials.
Article 11 The meeting of directors of the Municipal People’s Congress Standing Committee shall decide through discussion whether to submit the personnel appointment and removal case to the Municipal People’s Congress Standing Committee meeting for review.
Article 12: Personnel appointment and dismissal cases shall be read out and explained by the person in charge of the submitting agency. During the deliberation meeting of the Standing Committee of the Municipal People's Congress, the agency that proposed the proposal should send someone to answer questions and explain the situation. When necessary, the proposed personnel shall meet with the members of the Municipal People's Congress Standing Committee.
Article 13: After a personnel appointment and removal case is proposed, and before a meeting of the Standing Committee of the Municipal People's Congress is held, if it is reported that there are major problems with the personnel to be appointed or removed, the submitting agency shall report it to the Directors' Meeting or the Standing Committee of the Municipal People's Congress. The committee submits an investigation and verification report.
In the process of deliberation on personnel appointment and removal, the Standing Committee of the Municipal People's Congress found that the personnel to be appointed and removed had important issues that would affect the appointment and removal. The requesting agency should investigate and verify as soon as possible and submit a written report. If it is difficult to ascertain during the meeting, with the consent of the Municipal People's Congress Standing Committee, the vote may be temporarily withheld. After the problem is identified, the submitting agency shall submit a written report, and the directors' meeting shall decide whether to submit it to the Municipal People's Congress Standing Committee for review at the next meeting.
If a personnel appointment and removal case included in the agenda of the Municipal People's Congress Standing Committee meeting is submitted to the agency for withdrawal in writing before voting, the review of the appointment and removal case will be terminated.
Chapter 4 Voting
Article 14 The review of personnel appointment and removal cases shall be submitted to the plenary meeting of the Standing Committee of the Municipal People's Congress for voting.
Article 15: The Municipal People’s Congress Standing Committee will vote on personnel appointments and removals by secret ballot.
Personnel appointment and dismissal cases shall be voted on item by item, and may be voted on together according to the circumstances.
Article 16: Personnel appointments and removals voted at the Municipal People’s Congress Standing Committee meeting shall be approved by more than half of all members of the Municipal People’s Congress Standing Committee.
The voting results will be announced on the spot by the host of the meeting.
Article 17 Candidates who have been submitted to the Standing Committee of the Municipal People's Congress for appointment but have not been approved may apply for appointment again, but they may not submit it again at this Standing Committee meeting. Candidates who have not received two votes shall not be invited to hold the same position during the current term of the Standing Committee of the National People's Congress.
Chapter 5 Announcement and Supervision
Article 18 The personnel appointment and dismissal cases passed by the Standing Committee of the Municipal People's Congress shall be issued by the Standing Committee of the Municipal People's Congress and shall be published in the "Wenzhou Municipal People's Congress Announced in the "Communique of the Standing Committee of the National Congress", "Wenzhou People's Congress Portal" and "Wenzhou Daily".
Article 19: For state agency staff appointed by the Municipal People’s Congress Standing Committee, the Municipal People’s Congress Standing Committee shall issue a letter of appointment, or may entrust an agency to issue a letter of appointment on its behalf.
The appointment letter shall be signed by the Chairman of the Municipal People’s Congress Standing Committee.
Article 20: State agency staff appointed by the Standing Committee of the Municipal People's Congress shall not go to work or be announced to the public before the meeting of the Standing Committee of the Municipal People's Congress has reviewed and approved the appointment.
Article 21 After the general election of the Municipal People's Congress, the mayor of the Municipal People's Government shall request the Standing Committee of the Municipal People's Congress to appoint the members of the new Municipal People's Government within two months.
The Standing Committee of the Municipal People's Congress re-appointed its deputy secretary-general, office director, deputy director, research office director, deputy director and members of various working committees. If the above-mentioned personnel are not renewed, their original positions will be automatically relieved, and no legal dismissal procedures will be required.
Personnel appointed by the Standing Committee of the Municipal People's Congress of the Municipal Intermediate People's Court and the Municipal People's Procuratorate shall not be re-elected if their duties have not changed.
If a staff member of a state agency appointed by the Standing Committee of the Municipal People's Congress needs to be re-appointed due to a change in the name of the working agency; if the working agency is abolished, the dismissal procedures must be completed.
If a staff member of a state agency appointed by the Standing Committee of the Municipal People's Congress resigns or retires, he or she shall be relieved of his or her duties.
Article 22 The Standing Committee of the Municipal People’s Congress may listen to and review special work reports, conduct law enforcement inspections, raise inquiries and inquiry cases, organize investigations on specific issues, review and decide on recall cases, etc. , conduct legal supervision and work supervision over the work of staff appointed by state agencies.
Article 23 The Standing Committee of the Municipal People’s Congress shall accept reports, revelations and accusations against state agency staff from citizens and units, and handle them in accordance with the law.
Article 24: If a state functionary appointed by the Municipal People’s Congress Standing Committee is subject to criminal investigation or administrative punishment, the case handling agency shall report to the Municipal People’s Congress Standing Committee in a timely manner.
Chapter 6 Rules
Article 25 The by-election, resignation and removal of the city’s deputies attending the Provincial People’s Congress shall be carried out in accordance with the relevant provisions of the Representative Law and the Election Law .
Article 26 The Representative Working Committee of the Municipal People’s Congress Standing Committee is responsible for handling specific matters related to personnel appointments and removals.
Article 27 These Measures shall be implemented after being approved by the Standing Committee of the Municipal People’s Congress.