Local legislative power is an important power entrusted to the NPC and its Standing Committee by the Constitution and laws.
doing a good job in local legislation according to law is of great significance for ensuring and promoting the sound and rapid development of local economy and society.
The Standing Committee of Qingdao Municipal People's Congress attaches great importance to legislative work, conscientiously implements the legislative law, adheres to the close integration of legislation with major decisions on reform, development and stability, adheres to the people-oriented principle, safeguards social fairness and justice, upholds the unity of the national legal system, highlights local characteristics, pays attention to legislation in the social field, and expresses, balances and adjusts the interests of all parties.
since the implementation of the legislative law, * * * has formulated and revised 61 local regulations, made 8 decisions on revision and 12 decisions on abolition.
A number of important reform achievements have been fixed in the form of laws and regulations. Some major issues related to the scientific development and long-term development of cities have been standardized and clarified through local legislation, and some conflicts and interests demands of multiple stakeholders in the process of developing market economy have been balanced and adjusted through local legislation.
1. Adhere to local legislation to serve the overall situation of reform, development and stability, and ensure and promote coordinated economic and social development
With the implementation of the legislative law in 2 as a symbol, local legislation in our city has entered a stage of standardization, institutionalization and proceduralization, and the legislative concept has also changed from focusing on the quantity and speed of legislation to focusing on the quality and efficiency of legislation. The legislative focus has changed from highlighting economic legislation to paying more attention to social legislation, and efforts have been made to make local legislation adapt to the overall situation of reform, development and stability and keep pace with economic and social development.
since the implementation of the legislative law for 1 years, we have successively formulated local laws and regulations to promote technological innovation of enterprises, patent protection, marine fishery management, implementation of water law, tobacco monopoly law, and energy conservation of civil buildings in improving the socialist market economic system, cultivating and developing pillar industries, and promoting technological innovation of enterprises.
the formulation and implementation of these laws and regulations have played an important role in improving the socialist market economic system, promoting economic restructuring, improving the quality of economic growth, and ensuring and promoting the sound and rapid development of Qingdao's economy.
Since the * * * of the Party, in order to adapt to the major changes in the Party's guiding principles and around the implementation of Scientific Outlook on Development, we have actively promoted the adjustment of legislative priorities and strived to give full play to the role of local legislation in safeguarding and promoting scientific development.
First, pay more attention to legislation in the social field, and ensure and promote the construction of a harmonious socialist society.
with the deepening of reform and development, some deep-seated contradictions and different interests are increasingly reflected in legislation, and the requirement of solving social contradictions and promoting social equity through legislation is becoming stronger and stronger.
while continuing to do a good job in economic legislation, we pay more attention to strengthening legislation in the social field, give full play to the important role of local legislation in promoting social equity, resolving social contradictions, maintaining social stability and promoting coordinated economic and social development, and speed up the improvement of the legal system of social construction and social management that is compatible with social transformation and economic transition, so that the interests of all sectors of society can be properly handled and the interests and demands can be taken into account.
For example, in improving the social security system, the new rural cooperative medical care regulations and other laws and regulations have been formulated; In promoting the development of social undertakings, laws and regulations such as measures for the management of school buildings and measures for the implementation of the Red Cross Law have been formulated. In terms of ensuring people's basic livelihood, laws and regulations on urban heating, urban water supply and drinking water source protection have been formulated; In terms of protecting the rights and interests of special groups, laws and regulations have been formulated to protect the legitimate rights and interests of the disabled, to implement some provisions of the law on the protection of the rights and interests of the elderly, and to implement the law on the protection of women's rights and interests. In strengthening social management, regulations on taxi passenger transport, parking lot management and forest park management have been formulated.
Second, pay more attention to the protection function of legislation on resources and ecological environment.
many years' practice has proved that fixing effective protection measures through legislation is beneficial to the long-term and fundamental protection of resources and environment.
since the implementation of the legislative law, we have formulated and revised 16 laws and regulations on resources and environmental protection, especially the regulations on forest park management, uninhabited islands management, marine environmental protection regulations, river management regulations and other laws and regulations formulated in recent years, which run through the concept of "protection first" and stipulate very strict protection measures.
when formulating the regulations on the administration of uninhabited islands in Qingdao, the draft bill submitted to the standing Committee for deliberation highlighted the development and utilization of islands and put the protection of islands in a secondary position.
during the preliminary examination, the members put forward their opinions one after another.
on the basis of full coordination with * * *, based on the protection of the ecological environment and the realization of sustainable development, we have made major adjustments to the guiding ideology and main contents of the regulations, established the principle of "unified planning, giving priority to protection and restricting utilization", and comprehensively and meticulously stipulated a series of protection measures to effectively protect marine resources and the marine environment.
Third, pay more attention to people-oriented, improve people's livelihood, and earnestly safeguard the fundamental interests of the people.
we have always given priority to earnestly safeguarding the fundamental interests of the people and made great efforts to solve the most concerned, direct and realistic interests of the people.
every time a regulation is enacted and every provision is set, we strive to adhere to the fundamental principle of putting people's interests first, so as to ensure that the legitimate rights and interests of citizens, legal persons and other organizations are not infringed, and at the same time seriously consider and take into account the interests of different parties.
The revised urban construction planning management measures expand the scope of application from Qingdao urban planning area to urban planning areas of county-level cities, expand the sunshine spacing of buildings, strengthen post-approval management, and legalize the planning publicity system.
A number of regulations on the implementation of the blood donation law have been formulated, which have defined the fixed blood collection points and stipulated more favorable blood return policies and related treatment for blood donors.
The urban heating regulations have been revised twice, the heating period has been appropriately extended, the heating temperature has been raised, the charging standard has been clarified, and the rights, interests and responsibilities of both heating units and users have been clearly defined.
when formulating and implementing the law on the protection of women's rights and interests, it clearly stipulates the protection of women's political rights, cultural and educational rights, labor and social security rights, personal rights and property rights, marriage and family rights, etc.
the revised regulations on the management of urban real estate demolition determine the "sales price of new commercial housing in the demolition area" as the compensation standard, and stipulate the minimum guaranteed area, which improves the compensation standard for the demolished people and effectively safeguards and guarantees the legitimate rights and interests of the demolished people.
2. Insist on highlighting local characteristics and strive to improve the effectiveness of local legislation
Highlighting local characteristics is the life of local legislation and the long-term principle of local legislation in our city.
when establishing the project and determining the content of regulation adjustment, we always emphasize proceeding from reality, based on Qingdao's distinctive advantages, focusing on solving the outstanding problems in the economic and social development of coastal cities, and giving full play to the role of local legislation in promoting the scientific development, pioneering development and harmonious development of coastal cities.
first, focus on marine characteristics.
Qingdao is an open coastal city with rich marine resources.
in order to promote the sustainable utilization of marine resources, we have successively formulated laws and regulations on environmental protection in coastal waters, coastal zone planning, marine fisheries, management of sea area use and management of uninhabited islands, and initially formed a set of local laws and regulations system for the protection and utilization of marine resources.
When formulating regulations on marine environmental protection, it is explicitly prohibited to build or expand serious pollution projects such as chemical industry, printing and dyeing, paper making and electroplating along the coast of Jiaozhou Bay; It is forbidden to directly discharge industrial wastewater and domestic sewage into Jiaozhou Bay; The newly-built sewage treatment plant that discharges wastewater into Jiaozhou Bay must implement the first-class A standard stipulated by the state.
the second is to highlight the characteristics of the port.
Qingdao is a port city, with the largest container berth in China, trading with more than 45 ports in 15 countries and regions around the world, and the sea traffic is very busy.
in order to maintain maritime traffic safety, we have formulated regulations on maritime traffic safety, which regulate matters such as traffic safety in Qingdao port waters, port sewage discharge, maritime emergency rescue, passenger ship management, etc., and provide legal protection for the implementation of the strategy of "revitalizing the city with Hong Kong" and the development of port and shipping industry in our city.
Third, focus on highlighting the Olympic characteristics.
Qingdao is an Olympic city. In 28, it successfully hosted the sailing competitions of the Beijing Olympic Games and Paralympic Games.
in order to ensure the smooth progress of the competition, we made a timely decision on successfully hosting the 28 Olympic sailing competition and further improving the legal guarantee, which provided a good legal environment for the successful hosting of the Olympic and Paralympic sailing competitions.
the fourth is to highlight cultural characteristics.
Qingdao is a famous historical and cultural city with distinctive urban characteristics.
in order to plan, build and manage this city well, we have successively formulated laws and regulations on urban architectural planning, urban landscape protection, city appearance and environmental sanitation, urban greening and forest park management, which have effectively protected and continued the historical context of Qingdao.
Third, adhere to scientific and democratic legislation and effectively improve the quality of legislation
Scientific and democratic legislation is the only way for local legislation.
over the years, we have actively explored effective channels, methods and measures for scientific and democratic legislation, which has provided a strong guarantee for continuously improving the quality of local legislation.
First, strive to build an expression platform for interests and actively promote democratic legislation.
through forums, hearings, public solicitation of opinions, questionnaires and other forms, opinions from all sides can be fully expressed.
For example, in 25, legislative hearings were held on the Qingdao Property Management Regulations (Draft) and in 27, the Qingdao Parking Lot Management Regulations (Draft), so that people could fully express their opinions on the important issues involved in the regulations.
when formulating the regulations on the management of parking lots in Qingdao, in addition to holding regular symposiums, we also held special public symposiums, and all the citizens who participated in the symposiums were selected through registration, so as to ensure that the public opinion was "authentic".
in addition, we have established a system of public solicitation of legislative projects for the society and improved the system of publishing draft regulations.
for legislation closely related to the masses, we insist on asking the people.
For example, more than 1, people were consulted on whether to lift the ban on fireworks and firecrackers in urban areas through newspapers, the Internet, questionnaires and household surveys by urban dispatching teams, which provided a basis for legislative decision-making.
Practice has proved that building a public opinion expression platform in the legislative process can not only provide good reference opinions and suggestions for the revision of local laws and regulations, but also provide an important channel for the masses to express their interests, protect their right to know, participate and express, and make the legislative process a process of releasing social pressure, which is conducive to the construction of a harmonious society.
At the same time, this platform also enables people to understand legislation in participating in legislation, laying a good foundation for the implementation of laws and regulations in the future, which can be described as killing three birds with one stone.
Second, strive to build an intellectual support platform for local legislation and solidly promote scientific legislation.
we have always believed that to do a good job in legislation, theory must go first.
Over the years, we have jointly established several research groups with China Ocean University Law School, Qingdao University, Qingdao Municipal Party School and other colleges and universities, such as the research group on authorized provisions of laws and regulations, the research group on legislative technical specifications, and the research group on cleaning up laws and regulations. The research results of the research groups have well guided the legislative practice.
taking advantage of the rich legal talents and proficient professional knowledge of well-known law firms, in 24, we entrusted two well-known law firms in Daocheng to draft the Regulations on Property Management in Qingdao and the Regulations on Urban Real Estate Development and Management in Qingdao. The two drafts played an important role in the smooth promulgation of the regulations with lawyers' unique perspective and professional quality.
In order to make up for the shortage of professional talents, we have also established a practice point for law graduate students in cooperation with China Ocean University, and accepted law graduate students from Ocean University to practice in the legal studio all the year round to achieve benign complementarity; In order to make up for the lack of practical experience, we have chosen 21 enterprises, such as Haier Group and University Soft Control, as the contact points of local legislation, and most laws and regulations, especially economic laws and regulations, should seek the opinions of all contact points.
The current Standing Committee has done a lot of work in giving full play to the role of experts as "think tanks".
For example, in 29, when the Regulations of Qingdao on Marine Environmental Protection was formulated, Qingdao made full use of its advantages in marine scientific research, organized experts and scholars in marine ecology, marine geology, marine fisheries, etc., and held a demonstration meeting, which seriously demonstrated the aspects of marine ecological protection and marine pollution prevention and control, providing a theoretical basis for the legislative decision-making of the Standing Committee of the Municipal People's Congress.
thirdly, we should attach importance to the simultaneous establishment, reform and abolition, and earnestly safeguard the unity of the national legal system.
while formulating new laws and regulations, actively revise and abolish the original laws and regulations that are not suitable for the needs of reform and development.
for example, in 24, according to the requirements of the state's implementation of the administrative licensing law, the organization concentrated on cleaning up and reviewing local laws and regulations, and made timely decisions on amending 19 local laws and regulations, such as the internal security regulations of the unit, and abolishing 8 local laws and regulations, such as the measures for the protection and management of basic farmland, which laid the foundation for the full implementation of the administrative licensing law.
At the 2th meeting of the Standing Committee of the 14th Municipal People's Congress just held, we made a decision on abolishing eight local laws and regulations, including the measures for the administration of private housing in cities.
among the 61 regulations and regulatory decisions passed in the 1 years since the implementation of the legislative law, 45 regulations were revised, amended and abolished, accounting for more than two thirds.
fourth, insist on improving the legislative system and mechanism, and constantly improve the level of legislative work
Insisting on improving the legislative system and mechanism is the premise and foundation for improving the quality of legislation.
We have successively formulated normative documents such as formulating technical specifications for local laws and regulations, opinions on further drafting local laws and regulations, working rules for soliciting opinions on local laws and regulations, methods for preparing annual legislative plans, and provisional provisions on legislative hearings, and standardized the whole process from the preparation of annual legislative plans to the drafting, demonstration and revision of laws and regulations.
First, the system of making legislative plans has been standardized.
if everything is predicted, it will be established, and if it is not predicted, it will be abolished.
in practice, we attach great importance to the preparation of legislative plans.
in the process of formulating the legislative plan, we insist on giving priority to projects that reflect the major decisions of reform, development and stability, giving priority to independent and pioneering legislative projects, giving priority to projects that need to be revised or abolished because the original local regulations are inconsistent with laws and administrative regulations, and giving priority to projects that are urgently needed by local development and have mature conditions.
on this basis, we discuss the principles, institutions and time of the annual legislative plan, the proposal, public solicitation and discussion of legislative plan items.