Abolition of Legislative Affairs Office of the State Council administrative rules and modify some of the Question and Answer

 Xinhua BEIJING, Jan. 17, according to the Chinese government network news, Premier Wen Jiabao has signed a State Council, announced, the date of implementation. Recently, the State Council Legislative Affairs Office of the Leader to



Q: Why make a part on the repeal and modification of administrative rules and regulations of the decision?

A: The administrative regulations socialist legal system with Chinese characteristics is an integral part. According to the Constitution and laws, according to China's basic national conditions and the primary stage of socialism the objective requirements of economic and social development of administrative regulations formulated, thoroughly implement the rule of law for the basic strategy to ensure the effective implementation of the law, and comprehensively promote administration according to law, play a very important role. With the economic and social development, deepening reform, the formulation and revision of laws, administrative regulations also require timely clean-up, of which not meet or do not fully adapt to new situations, new circumstances and requirements, the revocation should be repeal of the amendment be revised. Since 1983, the State Council administrative rules and regulations have been conducted on a comprehensive clean-up 4 and 6 special clean-up. The beginning of 2010, according to the requirements of the NPC Standing Committee and State Council's unified deployment, the State Council Legislative Affairs Office with the relevant departments to carry out another round of clean-up and administrative regulations. By the end of 2009 on the current 691 administrative rules one by one clean-up, repeated studies, of which economic and social development and deepen reform has clearly not meet the requirements, or with new or amended laws are not consistent, not coordinated, suitable for centralized package Discussed and decided by the State Council executive meeting, revoke administrative rules and regulations 7, modify the administrative regulations in 107 of 172 articles.

asked:

A: After study, the following seven administrative regulations, and some have clearly not meet the economic and social development, and some have been new laws, administrative regulations instead of the actual no longer apply, the decision to Cancellation:

first The decision announced by the Government Administration Council 1950. NPC Standing Committee adopted in 1994, as amended in 2009, The actual decision to no longer apply, so the decision annulled.

second is The provisions of the State Council in 1982, released by the Central Military Commission, the actual has been released by the State Council in 2001, The State Council released

third is the This provision was approved in 1988 by the State Council promulgated by the State Administration of Foreign Exchange. As China's foreign exchange management system reform, foreign exchange management has gone through major changes, the provision is obviously not suited to the main contents of economic and social development needs, some of the provisions of the Commercial Bank Law has been replaced by the relevant provisions, some provisions actually no longer apply, so the decision annulled.

Fourth, The method is approved by the State Council in 1989 by the State Administration of Foreign Exchange announced. With the reform of administrative examination and approval system, the approach provided for overseas investment by domestic institutions such as foreign exchange risk review system has been approved by the State Council decided to cancel. 2009 published by the State Administration of Foreign Exchange, The practical approach is no longer applicable, so the decision annulled.

five is The method is approved by the State Council in 1990 by the People's Bank of China announced. With the Law of the People's Bank, Commercial Bank Law, Securities Law, Insurance Law, Banking Regulatory Act was promulgated, the approach that some content has been supporting the new provisions of law and replaced some of the contents do not conform to China's financial supervision the actual situation, the actual no longer apply, so the decision annulled.

six is The Ordinance was published in 1993 the State Council, has been published in 2007 the

VII is The Ordinance was published in 2001, the State Council, has been published in 2010 the

asked:

A: They are the following:

First, some of the administrative regulations obviously not suited to the socialist market economy and economic and social development of a new formulation of the situation to make changes. Including some of the early development of the administrative regulations on the planned economy, mandatory program statements and provisions in the tax on products made changes.

the second is part of the administrative regulations on the collection, to amend the provisions of expropriation. According to the 2004 amendment to the Constitution and the law on expropriation, requisition of provisions, some of the administrative regulations on the

and the third is part of the administrative regulations referenced in the laws, administrative regulations or provisions of the name of the serial number does not correspond to amend the provisions of non-convergence. As some of the laws and administrative regulations have been enacted by the new laws, administrative regulations replaced by this administrative regulation on the part of the referenced laws, administrative regulations, the provisions of the name and number are referenced, revised accordingly.

Fourth, with the relevant provisions of the Commercial Bank Law of convergence changes made. In addition to commercial banks in accordance with law on the Any unit or individual to freeze, simply deduct the provisions of units of deposits on the part of the administrative regulations concerning the freezing of deposits to amend the provisions.

In addition to the Taking into account these changes to administrative regulations, and some work has been included in recent legislation the State plan, the drafting of the relevant departments is working out, piece by piece to make changes; some more complex issues involved, a comprehensive amendment or repeal, need further study piece by piece argument, is not appropriate to focus on.