First, the difference between rules and regulations.
(A) the concept is different
1, the norm that the law is the law, is the general name of the normative documents with legal effect and enforcement effect made by the national or local legislature and the highest administrative organ of the state within their functions and powers, in accordance with the Constitution and laws, for the implementation of administrative leadership and management.
2, rules and regulations, rules and regulations, is the leading organs at all levels and their functional departments, social organizations, enterprises and institutions, in order to implement the management, standardize the work, activities and behavior of the relevant personnel, according to laws and regulations, within the scope of their functions and powers, formulate the floorboard of the normative documents with administrative binding force and moral code of conduct.
Different kinds of languages
1. Laws and regulations are divided into three categories: national laws and regulations, administrative regulations and local regulations. The commonly used languages are regulations, detailed rules and measures. According to the nature and content, rules are divided into four categories: administrative rules, organizational rules, business rules and general rules.
2, administrative regulations commonly used provisions, measures, rules and other terms; Articles of association commonly used in organizational rules; Articles of association are often used in commercial laws and regulations; The language commonly used in the general provisions includes provisions, measures, detailed rules, systems, rules, regulations, guidelines, norms, conventions, instructions, etc.
(C) the main body of the system is different
1, the laws and regulations formulated by the National People's Congress and its Standing Committee are called national laws and regulations; The laws and regulations formulated by the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government and their standing committees, the cities where provincial capital cities are located and cities with separate plans are called local laws and regulations; The laws and regulations formulated by the State Council are called administrative laws and regulations.
2. The people's governments of all departments, provinces (autonomous regions and municipalities directly under the Central Government), provincial capitals and cities under separate state planning in the State Council shall formulate administrative regulations; The articles of association shall be formulated by the party's leading organs at all levels, democratic parties and social organizations; Enterprises can formulate business rules; All organs, organizations and units may formulate general rules.
(d) Different production and distribution procedures.
1, national laws and regulations can only be promulgated and implemented after being discussed and adopted by the National People's Congress and its Standing Committee. Local regulations formulated by the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government and their standing committees shall be reported to the NPC Standing Committee and the State Council for the record; Local regulations formulated by the people's congresses and their standing committees of the cities where the people's governments of provinces and autonomous regions are located shall be approved by the standing committees of the people's congresses of provinces and autonomous regions and reported to the NPC Standing Committee and the State Council for the record.
2. Administrative regulations shall be reviewed by the executive meeting of the State Council or approved by Premier the State Council, and promulgated by the competent department authorized by the State Council or the State Council. Administrative rules and regulations must be discussed and approved by the executive meeting and reported to the competent department for approval before promulgation and implementation; Organizational rules, business rules and general rules should also be discussed and adopted by the meeting and signed by the competent leader.
Second, the requirements for making rules
According to the Regulations on Procedures for Formulating Rules, the formulation of rules shall meet the following basic requirements:
First, it follows the legislative principles set by the legislative law and conforms to the provisions of the Constitution, laws, administrative regulations and other superior laws.
The second is to effectively protect the legitimate rights and interests of citizens, legal persons and other organizations. While stipulating their obligations, they should also stipulate their corresponding rights and ways to guarantee the realization of rights. It should embody the principle of the unity of authority and responsibility of administrative organs, and at the same time, it should stipulate the conditions, procedures and responsibilities for relevant administrative organs to exercise their functions and powers.
Third, embody the spirit of reform, scientifically standardize administrative behavior, and promote the transformation of government functions to economic regulation, social management and public services. It should conform to the principles of simplification, unification and efficiency, and the same or similar functions should be undertaken by an administrative organ to simplify administrative procedures.
Fourth, the names of laws and regulations are generally called "regulations" and "measures", but they are not necessarily called "regulations".
Fifth, the wording of the rules should be accurate and concise, and the contents of the provisions should be clear, specific and operable. In principle, laws and regulations do not repeat the provisions of laws and regulations that have been clearly stipulated. In addition to the complex content, the rules are generally divided into chapters and sections.
Sixth, the conditions for formulating administrative regulations are not mature, and if they need to be formulated, the relevant departments of the State Council shall jointly formulate them. In this case, the laws and regulations formulated by the relevant departments of the State Council alone are invalid.
Three. Types of laws and regulations
China's legal system generally includes the following laws and regulations: laws, legal interpretations, administrative regulations, local regulations, autonomous regulations and separate regulations and rules.
1, law:
The National People's Congress and the NPC Standing Committee are the highest organs of power in China, exercising the legislative power of the state. After the legislation is passed, the president will sign a presidential decree to announce it. So the level of law is the highest.
Laws are generally called statute laws, such as constitution, criminal law and labor contract law.
2. Legal interpretation:
It is the interpretation or restriction of some clauses or words in the law. These interpretations will involve the application of the law. The power of legal interpretation belongs to the NPC Standing Committee, and its legal interpretation has the same effect as the law.
There is also a judicial interpretation, that is, the interpretation made by the Supreme People's Court or the Supreme People's Procuratorate, which is used to guide the judicial work of grass-roots courts.
3. Administrative regulations:
It was formulated by the State Council and promulgated by the the State Council Order signed by Premier the State Council. These laws and regulations are also common throughout the country and are a supplement to the law. When they mature, they will be added to the law, which is second only to the law.
Laws and regulations are often called regulations, and they can also be detailed rules for the implementation of national laws, such as the Regulations on Public Security Punishment and the Regulations on Patent Agency.
4, local regulations, autonomous regulations and separate regulations:
It is formulated by the people's congresses and their standing committees of all provinces, autonomous regions and municipalities directly under the Central Government, which is equivalent to the highest authority in various places.
Most local laws and regulations are called regulations, some are detailed rules for the local implementation of laws, and some are documents with legal attributes, such as resolutions and decisions. There are many local names at the beginning of local laws and regulations, such as Beijing Food Safety Regulations and Beijing Measures for Implementing People's Republic of China (PRC) Animal Epidemic Prevention Law.
5. Regulations:
Its makers are the ministries and commissions of the State Council, the People's Bank of China, the National Audit Office and the institutions directly under it with administrative functions, and these Provisions are only valid within the scope of their authority. Such as the Patent Examination Guide formulated by the State Patent Office and the Measures for the Administration of Drug Registration formulated by the State Food and Drug Administration.
There are also some regulations formulated by the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and larger cities, which are only valid within their respective administrative areas. Such as "Beijing Municipal People's Government's Decision on Revision" and "Beijing Implementation"