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深圳市人民代表大会常务委员会讨论决定本行政区域内重大事项的规定(试行)》 Regulations of the Standing Committee of the Shenzhen Municipal People’s Congress on Discussing and Deciding on Major Issues

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颁布日期:20001222  实施日期:20010201  颁布单位:深圳市人大常委会

  Regulations of the Standing Committee of the Shenzhen Municipal People’s Congress on Discussing and Deciding on Major Issues

  (Adopted at the Twenty-seventh Meeting of the Standing Committee of the First Shenzhen Municipal People’s Congress on December 26, 1994. Amended in accordance with the decision on amending the Regulations of the Standing Committee of the Shenzhen Municipal People’s Congress on Discussing and Deciding on Major Issues in this Administrative Area at the Third Meeting of the Standing Committee of the Third Shenzhen Municipal People’s Congress on December 22, 2000.)

  Article 1 Pursuant to the related provisions of the Constitution of the People’s Republic of China, the Organic Law of the People’s Republic of China on the People’s Congress and People’s Governments at All Local Levels and the Regulations of Guangdong Province on Discussing and Deciding on Major Issues by the Standing Committees of the People’s Congresses at All Local Levels, these regulations are enacted for the purpose of ensuring the Standing Committee of the Shenzhen Municipal People’s Congress (SCMPC) to exercise the power of discussing and deciding on major issues in all fields of work in this administrative area, in combination with the actual circumstances in Shenzhen.

  Article 2 These regulations shall be applicable, when the SCMPC discusses and decides on the major issues of politics, economy, education, science and technology, culture, public health, protection of environment and recourses, civil affairs, national affairs and overseas Chinese affairs.

  Article 3 The SCMPC shall ensure the observance and implementation of the Constitution, laws, administrative regulations, and decisions of higher people’s congresses and their standing committees in this administrative area.

  The SCMPC shall make decisions on serious violations of the Constitution and laws in accordance with laws in this administrative area.

  Article 4 The SCMPC shall legally discuss and decide on the legislative programs, annual legislative plans of this administrative area, and the important polices and arrangements for the promotion of ruling city by law and the strengthening of constructing the socialist democracy and legal system.

  Article 5 The following issues shall be submitted to the SCMPC for check and approval:

  (1) Adjustments of mid-term and long-term plans for national economic and social development;

  (2) Adjusted schemes of major targets of plans for national economic and social development;

  (3) Key construction projects invested by the government, which involve wide range, and have profound influence;

  (4) Adjustment of schemes of annual total amount of the government’s investment;

  (5) Plans for the government’s investment projects, which shall be reported for approval in accordance with the Regulations of the Shenzhen Municipal People’s Government on the Administration of Investment Projects;

  (6) Partial changes of the final accounts and budgets of this level in the financial year;

  (7) Schemes of adjustment and reduction of funds for education, science and technology, and social security arranged by the budgets;

  (8)Pre-arranged schemes of planned budgets;

  (9) The use arrangement of the financial excessive revenue of this level;

  (10) Planning of sub areas of the city.

  Article 6 The SCMPC shall discuss and decide on development plans for education, science and technology, culture, public health, sports, and so on.

  The SCMPC shall discuss and decide on major measures involving population, environment, recourses, and so on.

  Article 7 The SCMPC shall discuss reports of the Municipal Government on annual revenue and expenditure and the use of funds of land development, funds of social insurance and funds of housing, and make decisions in accordance with conditions of discussion.

  Article 8 The SCMPC shall discuss the drafts of the general city plannings.

  Article 9 The SCMPC shall discuss and decide on the schemes that the Municipal People’s Government reforms and alters its organs; it shall discuss the schemes of establishments, cancels, merger and name changes of the administrative agencies delegated by the Municipal People’s Government and the related administrative divisions at district level.

  Article 10 The SCMPC shall discuss the treatments of serious accidents, wherein the public servants elected by the Municipal People’s Congress or appointed by the SCMPC cause serious damages to the properties of the state, the collective or citizens, or cause very bad political influence, and the related suggestions. It may make decisions regarding the discussion.

  Article 11 The SCMPC shall discuss and decide on withdrawing inappropriate decisions of lower people’s congresses and their standing committees.

  It shall discuss and decide on withdrawing inappropriate decisions or orders of people’s government of the same level as it.

  It shall supervise the Municipal Intermediate People’s Court and the Municipal People’s Procuratorate to correct the treatments of the important cases inconsistent with provisions of laws, regulations or legal procedures.

  Article 12 The SCMPC shall discuss the investigation results and treatment suggestions of the committees of inquiry into specific issues organized by it.

  It shall discuss the investigation results and treatment suggestions of major cases exposed or complained by citizens and accepted by it, and make decisions regarding the discussion.

  Article 13 The SCMPC shall discuss the major issues, which the chief procurator of the Municipal People’s Procuratorate submits to the SCMPC for discussion and decision, because of that the chief procurator disagrees with the opinions of most members of the procuratorial committee.

  Article 14 The SCMPC shall discuss and approve the agreements of establishing friendly cities with foreign countries.

  Article 15 The SCMPC shall discuss and determine the municipal emblem, tree and flower.

  Article 16 The SCMPC shall decide on conferring or canceling titles of honor.

  Article 17 The SCMPC shall discuss and decide on other major issues submitted by the Municipal People’s Government, the Municipal Intermediate People’s Court, or the Municipal People’s Procuratorate, that considers it necessary.

  Article 18 The proposals of major issues to be discussed by the SCMPC include:

  (1) Proposals, which the meetings of the Municipal People’s Congress decide to submit to the SCMPC for deliberation;

  (2) Proposals raised by the meeting of directors of the SCMPC;

  (3) Proposals, which the Municipal People’s Government, any special committee of the Municipal People’s Congress, the Municipal Intermediate People’s Court, the Municipal People’s Procuratorate, or more than five members of the SCMPC jointly raise, and the meeting of directors of the SCMPC decides to submit for deliberation.

  The SCMPC may, regarding the discussion, make decisions on proposals of the above paragraph.

  Article 19 The SCMPC shall discuss and decide on other major issues, which it deems necessary in accordance with provisions of laws and regulations.

  Major issues, which shall be submitted to the SCMPC for discussion and decision subject to these regulations, shall be reported in light of actual situations or requirements of the SCMPC.

  Article 20 The meeting of directors may refer the proposals submitted to the SCMPC for discussion to related special committees or working committees to review and put forward opinions; it may return proposals to the raisers to decide by themselves, if the major issues of the proposals shall not be discussed and decided by the SCMPC.

  Article 21 Raisers shall submit major issues to the SCMPC for deliberation in the form of proposal. The proposal shall include the following contents:

  (1) Basic facts of the major issues;

  (2) Bases of laws, regulations, regulations or policies related to the major issues;

  (3) Decision-making schemes and the feasibility explanations of the major issues;

  (4) Materials of related statistical data, investigation and analysis of the major issues.

  Article 22 The procedures for the SCMPC to discuss and decide on major issues shall be subject to the provisions of the Regulations of the SCMPC on deliberation procedures.

  Article 23 When the SCMPC discusses proposals of major issues, the chief leading officials of the proposing organs shall attend meetings to give explanations and answer inquiries.

  Article 24 If the resolutions, decisions or proposals deliberated and adopted at meetings of the SCMPC are referred to the Municipal People’s Government, the Municipal Intermediate People’s Court, or the Municipal People’s Procuratorate, it shall seriously implement them deal with them, and report results to the SCMPC. If it fails to report results in accordance with relevant provisions, or slacks in implementing decisions of major issues, the chief leading official of the related organ shall be investigated for responsibilities.

  Article 25 The SCMPC must strictly observe legal procedures to discuss and decide on major issues in this administrative area.

  Article 26 If the Municipal People’s Government or its working department, the Municipal Intermediate People’s Court or the Municipal People’s Procuratorate, in violation of the Constitution, laws and these regulations, arbitrarily makes a decision on the major issue, which shall be submitted to the SCMPC for discussion and decision, but it fails to submit the major issue to the SCMPC, the SCMPC may cancel the decision, and the chief leading official of the organ making the decision shall be investigated for responsibilities.

  Article 27 These regulations shall become effective as of the date of promulgation.

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