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Legislative Affairs Office of the Shanghai Municipal People’s Government
06.07.2010



    Legislative Affairs Office of the Shanghai Municipal People’s Government is established as an institution directly under the municipal government, with its main functions, internal structure and personnel management in accordance with the “Notice of the General Office of the CPC Central Committee and the General Office of the State Council on Printing and Distributing ‘Plan on Reform of Organs of Shanghai Municipal People’s Government’” (Ting Zi [2008] No. 17).

    Main Functions
     
    1. to take charge of the planning and management of the municipal legislative affairs and statistic analysis of the situation of legal performance, formulate the plans and schemes of promoting the work of legal performance, study and provide guidance to the new issues and new situations in this process;

    2. to consider, organize and arrange the legislative affairs of the municipal government in a unified manner, formulate annual legislative plan and organize relevant departments to carry out the plans after they have been approved by the municipal government and enhance guidance and urging of the implementation;

    3. to take charge of the work of legislative drafting, review, approval and coordination; to review and amend the drafts of governmental regulations submitted by the various departments to the municipal government for approval or submit the drafts of local regulations to the municipal standing committee for examination, organize the drafting of some important governmental regulations and local regulations;

    4. to undertake the work of legislative interpretation of the municipal regulations and coordinate to settle any divergence or contradiction during the application interpretation process;

    5. to take charge of the sorting out and compilation of the governmental regulations, publicize and compile the standard texts of the governmental regulations, organize and review the English translation of the local rules and governmental regulations;

    6. to provide policy proofs for the legality of key decisions and administrative behaviors of the municipal government and provide legal suggestions; to participate in the legality review and approval of the standard documents of the municipal government;

    7. to study the implementation of laws, regulations and rules of common standards of governmental behaviors including administrative punishment, administrative permit, administrative charge, administrative implementation,administrative review and governmental information publishing, etc. and the common issues in the enforcement of administrative laws, put forward suggestions of system improvement and problem solving to the municipal government, draft relevant supporting local rules and governmental regulations and standard documents, and respond to the opinions;

    8. to take charge of the confirmation and publicizing of the qualification of the bodies of administrative law enforcement, occupational training, qualification management and certificate issuing for the administrative law enforcer, the organization, promotion, inspection and fulfillment of the systems of administrative law enforcement;

    9. to take charge of the supervision of the administrative enforcement of law, organize the promotion and implementation of the systems of administrative enforcement of law involving the common standards of governmental behaviors including administrative punishment, administrative permit, administrative charge, administrative implementation, etc.; to organize or participate in the inspection of implementation of the laws, regulations and rules; to coordinate any contradiction or divergence among the governmental departments coming out from the implementation of relevant laws, regulations and rules;

    10. to undertake the filing and review by the municipal government for the standard documents of the various governmental departments and the district and county level governments, and publicize the list of documents allowed to be filed; to organize to promote and guide the district and county level governments to conduct filing and review of the standard documents;

    11. to undertake the trial of cases of administrative review of the municipal government, represent the municipal government in the responses to administrative proceedings, and undertake the cases involving administrative compensation of the municipal government; to supervise and guide the work of administrative reviews, administrative responses and national compensation of various departments of the government and the district and county level governments; to coordinate with the settlement of any disputes relating to the jurisdiction of administrative reviews;

    12. to provide professional guidance to the legislative work of the various departments of the government and the district and county level governments, research the common issues in the legislative construction of the government, carry out legislative promotion, organize legislative theory research and domestic and overseas academic exchanges;

    13. to undertake other tasks assigned by the municipal government.