National laws and regulations
Implementing the Provisional Regulations on Major Administrative Decision-making Procedures
The Provisional Regulations on Major Administrative Decision-making Procedures (hereinafter referred to as the "Regulations") shall come into force on September 20th 1 9th. The "Regulations" are divided into 6 chapters and 44 articles, which make specific provisions on the scope of major administrative decision-making matters, the formulation and adjustment procedures of major administrative decisions, and the accountability of major administrative decisions. The main contents include:
First, the scope of major administrative decision-making matters has been clarified. The "Regulations" define the scope of major administrative decision-making matters from five aspects: formulating major public policy measures and implementing major public construction projects, and allow decision-making organs to determine the catalogue and standards of decision-making matters in combination with their responsibilities and authorities and local conditions, and announce them to the public with the consent of party committees at the same level, and make adjustments according to actual conditions.
The second is to refine the major administrative decision-making procedures. The Regulations clarify the application and specific requirements of public participation, expert argumentation and risk assessment procedures. For example, except for decision-making matters that are not disclosed according to law, public opinions should be fully listened to; Professional and technical decision-making matters should be demonstrated by experts; If the implementation of the decision may have adverse effects on social stability and public safety, a risk assessment shall be organized. The "Regulations" clarify that legality review and collective discussion decisions are necessary procedures, and also make specific provisions on the initiation and announcement of major administrative decisions.
The third is to standardize the adjustment procedures for major administrative decisions. The "Regulations" stipulate that major administrative decisions made according to law shall not be changed or stopped without legal procedures, and if major adjustments are needed, relevant legal procedures shall be performed.
The fourth is to improve the accountability system for major administrative decisions. The "Regulations" stipulate that decision-making organs shall establish a record-keeping system for major administrative decision-making processes. If the decision-making organ violates the regulations and causes serious mistakes in decision-making, or if it should make timely decisions in accordance with the law and delay for a long time, resulting in heavy losses and adverse effects, it will be held accountable and be held accountable for life.
The Farmland Occupation Tax Law will be implemented on September 1, and the farmland occupied by houses will be taxed.
1 September, the People's Republic of China (PRC) farmland occupation tax law came into effect, and the Provisional Regulations of the People's Republic of China on farmland occupation tax issued by the State Council on February 1 February, 2007 was abolished at the same time.
According to the tax law, units and individuals that occupy farmland to build buildings and structures or engage in non-agricultural construction in People's Republic of China (PRC) are taxpayers of farmland occupation tax, and they shall pay farmland occupation tax in accordance with the provisions of this law. If farmland is occupied to build irrigation and water conservancy facilities, farmland occupation tax shall not be paid.
Areas with per capita arable land not exceeding one mu (counties, autonomous counties, cities not divided into districts and municipal districts, the same below) are per square meter 10 yuan to 50 yuan; The per capita arable land is more than one mu but not more than two mu, which is 8 yuan to 40 yuan per square meter; The per capita arable land is more than two mu but not more than three mu, which is six yuan to thirty yuan per square meter; In areas with a per capita arable land of more than three acres, five yuan to twenty-five yuan per square meter.
The three supporting regulations of the anti-monopoly law will be implemented in September.
The General Administration of Market Supervision promulgated the Interim Provisions on Prohibition of Monopoly Agreements, the Interim Provisions on Prohibition of Abuse of Dominant Market Position and the Interim Provisions on Suppression of Abuse of Administrative Power to Exclude and Restrict Competition. These three supporting regulations of the Anti-Monopoly Law will come into effect from September 20 19 to September 20 1 year, and the original relevant provisions will be retained.
According to reports, these three supporting laws and regulations of the Anti-Monopoly Law have established the principle of universal authorization. The General Administration of Market Supervision is mainly responsible for investigating cases across provinces, autonomous regions and municipalities directly under the Central Government. The case is complicated, which has great influence in the whole country, and the case that needs to be investigated directly; Provincial market supervision departments are mainly responsible for cases within their respective administrative areas. In addition, the three laws and regulations have established filing, reporting and supervision systems, and made unified provisions on the ways to find illegal acts, the requirements of written reports, entrusted investigations, assistance in investigations, publicity, etc., and clarified the connection between relevant laws and regulations.
Article 36 of the Interim Provisions on Prohibition of Monopoly Agreements stipulates authorization and jurisdiction, determination, filing, investigation, exemption, suspension of investigation, termination of investigation, resumption of investigation, punishment, leniency and publicity of monopoly agreements. Article ***39 of the Interim Provisions on Prohibition of Abuse of Market Dominance stipulates entities and procedures such as authorization and jurisdiction, determination of market dominance, forms and justified reasons for abuse of market dominance, filing, investigation, filing, suspension of investigation, termination of investigation, resumption of investigation, punishment and publicity. Article 25 of the Interim Provisions on Stopping Abuse of Administrative Power to Exclude and Restrict Competition provides suggestions on authorization and jurisdiction, manifestations of abuse of administrative power to exclude and restrict competition, investigation and handling according to law.
Ministry of Human Resources and Social Security issued the Interim Provisions on the Administration of Professional Title Evaluation.
The "Regulations" clarify that the evaluation of professional titles is to evaluate and identify the morality, ability and performance of professional and technical personnel in accordance with the evaluation standards and procedures. Enterprises, institutions, social organizations, individual economic organizations and freelancers to carry out professional and technical personnel title evaluation work, these Provisions shall apply.
The "Regulations" emphasize that all regions, departments and employers should apply for the establishment of professional title evaluation committees to carry out professional title evaluation, and the state implements a system of examination and approval and filing management for professional title evaluation committees. The title evaluation committee shall be responsible for and supervised by the organizer. In order to ensure the quality of professional title evaluation, the Regulations clarify the conditions for the establishment of professional title evaluation committees and the conditions for evaluation experts.
The "Regulations" pointed out that the evaluation of professional titles should strictly follow the basic procedures such as declaration, evaluation, evaluation, publicity and confirmation, and all links should conform to specific procedures. The applicant and his work unit, the professional title evaluation committee and its formation unit, office staff and evaluation experts shall perform corresponding duties and assume corresponding obligations in accordance with the provisions. In violation of the provisions, the corresponding legal responsibilities shall be investigated. In addition, the "Regulations" clarify the declaration and evaluation procedures for professional and technical personnel and freelancers of non-public economic organizations.
The "Regulations" put forward requirements for optimizing the professional title evaluation service, emphasizing the establishment of a professional title evaluation service platform, strengthening the informatization construction of professional title evaluation, promoting online application evaluation, exploring the implementation of electronic certificates, and providing convenient professional title evaluation services for the majority of professional and technical personnel.
The "Regulations" focus on strengthening the supervision and management of the whole process of professional title evaluation, requiring the establishment of an open system for professional title evaluation and the implementation of policies, standards, procedures and results. The administrative department of human resources and social security, as the overall planning and comprehensive management department of professional title work, should strengthen supervision and inspection of professional title evaluation work in conjunction with the competent departments of the industry, carry out various forms of spot checks and inspections, check and review relevant clues, and ensure that the professional title evaluation work is carried out in a standardized and orderly manner. This Regulation shall come into force on September 65438, 20 1 year.
Reduce the toll of 8-seat and 9-seat minibuses and implement a new classification of toll vehicles on toll roads.
Recently, the Ministry of Transport issued the revised traffic industry standard "Classification of Toll Vehicles on Toll Roads", which came into effect on September 19. It is clear in the new standard that all kinds of trucks are classified according to the total axle number, vehicle length and maximum allowable total mass; It is clear that the classification limit of 1 and 2-seater buses is revised from 7 to 9, and the number of 8-seater and 9-seater buses is reduced from the original 2-seater buses to 1 seater buses, which reduces the charging standard of corresponding vehicles. At the same time, the new standard clarifies that motorcycles pass through toll roads and are classified according to 1 passenger cars.
Local laws and regulations
Shandong regulates the prevention and control of coal mine rockburst, and the new regulations will be implemented on September 1.
The Measures for the Prevention and Control of Rock Burst in Coal Mines in Shandong Province mainly stipulates the supervision and management system, the coal mine safety production system, the specific measures for the prevention and control of rock burst, and the service guarantee responsibility of government departments, which provides an important legal basis for the prevention and control of rock burst in Shandong Province. These Measures shall come into force as of September 1 day, 2065.
The "Measures" clarified the supervision and management system and the responsible subject of coal mine rockburst prevention and control. The people's governments at or above the county level shall strengthen the leadership over the prevention and control of coal mine rockburst, and establish and improve the coordination mechanism for the prevention and control of coal mine rockburst. The supervision and administration department of coal mine safety production of the people's governments at or above the county level shall be responsible for the supervision and administration of the prevention and control of coal mine rockburst within their respective administrative areas. Coal mine is the main body responsible for the prevention and control of rock burst, and the main person in charge and actual controller of coal mine is the first person responsible for the prevention and control of rock burst.
In improving the safety production system of rock burst coal mines, the Measures clarify and refine the scope and management requirements of rock burst coal mines, and stipulate that coal mining enterprises must establish and improve the anti-scour system, establish professional anti-scour institutions and equip professional and technical personnel. The "Measures" stipulate that the rockburst mine should have a full-time deputy chief engineer in charge of the rockburst prevention and control work, and at least eight full-time personnel, and the prevention and control institution of severe rockburst mine should be equipped with at least 10 full-time personnel, of which the engineering and technical personnel should not be less than 50%.
The "Measures" also raised the extraction standard of safety expenses for scour prevention, and stipulated that the safety expenses for rockburst coal mines should not be less than per ton of coal 15 yuan. The extra safety funds are earmarked for the prevention and control of rockburst, mainly for eight expenditures such as the research and promotion of new technologies, new processes, new materials and new equipment, so as to ensure the capital investment for the prevention and control of rockburst in mines.
The newly revised Measures for the Implementation of Legal Aid in Guangzhou will be implemented in September.
The newly revised Guangzhou Measures for the Implementation of Legal Aid has the following characteristics:
First, the coverage of aid has expanded. Change the standard of financial assistance from "65438+ 0.5 times of the minimum living standard for urban and rural residents" to "the current monthly minimum wage standard for enterprise employees in this Municipality"; New categories 10 were added, such as disabled old people, orphans and disabled children, and workers in group labor dispute cases. They don't need to submit application materials for financial difficulties when applying for legal aid.
Second, the system of full criminal coverage was initiated in China. Criminal suspects, defendants and complainants in criminal cases do not need to submit application materials for financial difficulties when applying for legal aid at the stages of investigation, prosecution, trial, appeal and retrial.
The third is to increase the online application channels for legal aid. If the applicant applies for legal aid online, the legal aid institution shall conduct preliminary examination within 3 working days from the date of accepting the application.
The fourth is to create a new model of "shaking the number" for assigning legal aid lawyers. In the mode of assigning legal aid lawyers, if there are more than three qualified lawyers, a "lottery ball" online random selection method will be created to determine legal aid personnel.
Fifth, a new quality evaluation system for legal aid cases has been established.
The newly revised Measures for the Implementation of Legal Aid in Guangzhou will be implemented on September 1 this year.
"Wuxi Municipal Domestic Waste Classification Management Regulations" implements a "four-point method" for domestic waste.
The Regulations on the Management of Domestic Waste Classification in Wuxi City was adopted by the 19th meeting of the Standing Committee of the 16th People's Congress of Wuxi City on April 25th, 20 19, and will come into force on September 25th, 20 1 year.
The "Regulations" clearly defined the planning and construction of garbage classification, the standards for classification and delivery, the responsible subjects, the implementation of urban-rural integration, and the full coverage of domestic garbage classification, and determined the classification standards as the "four-division method" of harmful waste, recyclables, perishable garbage and other garbage, and promoted the classification of domestic garbage in Wuxi step by step according to the actual situation.
The "Regulations" make it clear that domestic garbage should be collected separately, and it is forbidden to collect domestic garbage that has been classified and put into use, and it is forbidden to collect domestic garbage that has been classified and transported. When receiving domestic garbage, the domestic garbage disposal unit finds that it does not meet the classification requirements, and may require the domestic garbage transportation unit to classify it.
The Regulations list some punishment measures. For example, if the unit fails to classify domestic garbage according to the specified requirements, the competent administrative department of environmental sanitation shall order it to make corrections and impose a fine of more than 3,000 yuan 1 10,000 yuan; Individuals who fail to classify and put domestic garbage in accordance with the prescribed requirements shall be ordered by the competent administrative department of environmental sanitation to make corrections, and those who refuse to make corrections shall be fined from 50 yuan to 200 yuan.