What are the subjects of formulating rules and regulations?

What are Administrative Regulations? What are the basic characteristics it has?

Administrative regulations refer to the general term of normative documents on the exercise of administrative power and the performance of administrative duties formulated in accordance with the Constitution and laws and in accordance with legal procedures.

Administrative regulations are characterized by:

1. The main body of administrative regulations is ***;

2. Administrative regulations are formulated in accordance with the authorization of the Constitution and laws;

3. Administrative regulations must be formulated through legal procedures;

4. Administrative regulations have the force of law.

What are the basic requirements for the formulation of administrative regulations?

1. Formulate administrative regulations in accordance with the Constitution and laws;

2. It shall not contradict the Constitution and laws.

What are Administrative Regulations? What are the basic characteristics of administrative regulations?

Administrative rules refer to the general term for universally binding normative documents formulated by specific administrative organs in accordance with laws and regulations and in accordance with legal procedures.

The basic characteristics of administrative regulations are:

1. The main body of formulating administrative rules is a specific administrative organ, that is, the organ that has the power to formulate departmental rules and local rules;

2. The formulation of administrative rules is based on the authorization of laws, administrative regulations, decisions and orders;

3. Administrative rules shall be formulated in accordance with legal procedures;

4. Administrative rules have the attributes of law.

Administrative rules are the general name of the regulations, implementation rules, implementation measures and other normative documents formulated by ministries, commissions and local people with authority in accordance with laws and administrative regulations within the scope of their authority. In terms of content, it is an extension and refinement of laws and administrative regulations, and is an important level in China's legal system. According to the Constitution and the law, the administrative organs that have the power to formulate administrative rules are:

1) Ministries and commissions; (2) People of provinces, autonomous regions and municipalities directly under the Central Government**; (3) the local people of the province or autonomous region; (4) Larger city people approved by ***. Administrative rules are the basis for reference in the people's courts' trial of administrative cases.

All parts, local provinces, autonomous regions and municipalities directly under the central government**; Province**City**; Approved larger cities** have the right to enact.

Legal analysis: Rules are divided into departmental rules and administrative rules, and all ministries, commissions, the People's Bank of China, the Audit Office and directly subordinate agencies with administrative management functions may, in accordance with the law and administrative regulations, decisions, and orders, formulate rules within the scope of the authority of their own departments, and become departmental rules. The people of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures may formulate rules in accordance with laws, administrative regulations, and local regulations of their respective provinces, autonomous regions, and municipalities directly under the Central Government, and the people of cities divided into districts and autonomous prefectures may formulate local rules in accordance with paragraphs 1 and 2 of this article, which are called administrative rules.

Legal basis: Article 80 of the Legislation Law of the People's Republic of China *** Ministries, commissions, the People's Bank of China, the Audit Office and directly subordinate agencies with administrative management functions may, in accordance with the law and administrative regulations, decisions and orders, formulate rules and regulations within the scope of their authority. The matters stipulated in the rules and regulations of the Ministry of Hu Yinmen shall be matters for the implementation of laws or administrative regulations, decisions, and orders.

Without the basis of laws or administrative regulations, decisions, and orders, departmental rules must not set norms that impair the rights of citizens, legal persons, and other organizations or increase their obligations, and must not increase the powers of the department or reduce the statutory duties of the department. Article 82: The people of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures** may formulate rules on the basis of laws, administrative regulations, and local regulations of that province, autonomous region, or municipality directly under the Central Government. Local ** regulations may provide for the following matters:

1) Matters that need to be formulated for the implementation of laws, administrative regulations, or local regulations; (B) belong to the administrative region of specific administrative matters. The people of districted cities and autonomous prefectures shall formulate local rules and regulations in accordance with paragraphs 1 and 2 of this article, which shall be limited to matters such as urban and rural construction and management, environmental protection, and historical and cultural protection. Local ** regulations that have been formulated that involve matters outside the scope of the above matters shall continue to be in force.

Except for the cities where the people of the provinces and autonomous regions are located, the cities where the special economic zones are located, and the larger cities that have been approved, the time when the people of other districted cities and autonomous prefectures begin to formulate rules is synchronized with the time when the standing committee of the people's congress of the province or autonomous region determines that the city or autonomous prefecture begins to formulate local regulations. Local regulations should be formulated but the conditions are not yet mature, due to the urgent need for administrative management, local regulations can be formulated first. Where it is necessary to continue to implement the administrative measures provided for in the rules after two years of implementation, the people's congress at the corresponding level or its standing committee shall be requested to formulate local regulations.

Without the basis of laws, administrative regulations, or local regulations, local ** rules must not set norms that impair the rights of citizens, legal persons, and other organizations or increase their obligations.

The main bodies of administrative rules are as follows:

1) Ministries and commissions;

(2) People of provinces, autonomous regions and municipalities directly under the Central Government**;

(3) the local people of the province or autonomous region;

4) The larger municipal people's government Wang Zi Yinfu approved by ***.

Administrative rules are the basis for reference for the people's law to be promoted to the courts to hear administrative cases.

Administrative regulations are to be drafted by relevant departments or legal institutions, and drafts of laws and administrative regulations for important administrative management are drafted by legal institutions. In the process of drafting administrative regulations, the opinions of relevant organs, organizations, deputies to people's congresses, and the public shall be widely heard. Hearing opinions may take a variety of forms, such as symposiums, debate meetings, and hearings.

Draft administrative regulations shall be released to the public to solicit comments.

Legal analysis: the Ministry of Justice, ** and other organs with the authority to formulate regulations.

Legal basis: Legislation Law of the People's Republic of China

Article 80 All departments, committees, the People's Bank of China, the National Audit Office, and directly subordinate institutions with administrative management functions may, in accordance with laws and administrative regulations, decisions, and orders, formulate rules within the scope of their authority. The matters provided for in departmental rules shall be matters for the implementation of laws or administrative regulations, decisions, and orders. Without the basis of laws or administrative regulations, decisions, or orders of the State Affairs Department, departmental rules must not set norms that impair the rights or increase the obligations of citizens, legal persons, and other organizations, and must not increase the powers of the department or reduce the legally-prescribed duties of the department.

Article 81: Matters involving the scope of authority of two or more departments shall be submitted to the formulation of administrative regulations or the relevant departments shall jointly formulate rules.

Article 82: The people of provinces, autonomous regions, municipalities directly under the Central Government, districted cities, and autonomous prefectures** may formulate rules on the basis of laws, administrative regulations, and local regulations of that province, autonomous region, or municipality directly under the Central Government.

Legal analysis: Regulations are generally administrative regulations, and the main body of the formulation of regulations is generally ***, but the main body of the formulation of the autonomous regulations and the regulations of the single line of tombs is the people's congress of the ethnic autonomous area of the Zhongqi Bend State.

Legal basis: Article 14 of the "Administrative Licensing Law" The law may set up administrative licensing for the matters listed in Article 12 of this Law. Where laws have not yet been enacted, administrative regulations may set up administrative licensing.

When necessary, the administrative license may be set up by issuing a decision. After implementation, in addition to the temporary administrative licensing matters, the National People's Congress and its Standing Committee shall be promptly submitted to the National People's Congress and its Standing Committee to formulate laws, or formulate administrative regulations on their own.

The main body of the administrative rules of the "Regulations on the Formulation of Rules and Regulations" are: (1) *** ministries and commissions; (2) People of provinces, autonomous regions and municipalities directly under the Central Government**; Can Song and (3) the local people of the province and autonomous region** where the people of the province and autonomous region are located**; (4) The people of the larger city approved by ***.

Legal analysis: The main body of administrative regulations is ***.

Legal basis: Article 89 of the Constitution of the People's Republic of China As the highest state administrative organ, *** may "stipulate administrative measures, formulate administrative regulations, and issue decisions and orders in accordance with the Constitution and laws." Therefore, the formulation of administrative regulations is an important function and power entrusted by the Constitution, and it is also an important means to promote reform and opening up, organize economic construction, and realize the functions of state management.