(Adopted at the Twentieth Meeting of the Standing Committee of the Fourth Shenzhen Municipal People’s Congress on July 22, 2008 and approved at the Fifth Meeting of the Standing Committee of the Eleventh Guangdong Provincial People’s Congress on September 26, 2011)
Chapter I General Provisions
Article 1 In order to strengthen and standardize the law-enforcement inspection by the Standing Committees of the Shenzhen Municipal, District People’s Congresses (hereinafter referred to as the municipal, district standing committees) and guarantee the implementation of law, regulations in this administrative region, these regulations are hereby formulated according to Law of the People’s Republic of China on the Supervision by the Standing Committees of the People’s Congresses at All Levels and related laws, and in the light of the actual conditions of this city.
Article 2 The municipal, district standing committees shall inspect the implementation of law, regulations by the people’s government, people’s court, and people’s procuratorate at the same level.
The municipal, district standing committees may inspect the overall implementation of law, regulations, and may also inspect part of it.
Article 3 The municipal, district standing committees shall organize law-enforcement inspection groups to carry out inspections.
The related special committees of the people’s congress at the same level or the related working offices of the standing committee of the people’s congress (hereinafter referred to as special committees or working offices) shall be responsible for organizing and carrying out the specific work of the inspection of law enforcement.
The law-enforcement inspection groups shall carry out the inspections of law enforcement collectively.
Article 4 The related state agencies, social organizations, enterprises, institutions, and individuals shall cooperate in the inspections of law enforcement, and give necessary assistance.
Chapter II Plans
Article 5 The municipal, district standing committees shall make annual plans of the inspection of law enforcement.
Article 6 The annual plans of the inspection of law enforcement of the municipal, district standing committees (hereinafter referred to as law-enforcement inspection plans) shall be based on the issues reported through the following channels:
(1) the law-enforcement inspection bills proposed by deputies to the people’s congress at the same level;
(2) the issues focused on by the proposals, criticism, and opinions on the work of the people’s government, people’s court, people’s procuratorate which are put forward by deputies of the people’s congress at the same level;
(3) the relatively concentrated issues raised by the members of the standing committee of the people’s congress at the same level;
(4) the conspicuous problems found by special committees or working offices in their investigations and studies;
(5) the issues focused on by letters from and visits by the masses;
(6) the other issues which are related to the overall situation of the reform, development, stability and the vital interests of the masses, and for which the society shows common concern.
The people’s government, people’s court, and people’s procuratorate may put
forward proposals to the standing committee of the people’s congress at the same level on the items of the law-enforcement inspection plan. If it is necessary, the municipal, district standing committees may solicit opinions from the people’s government, people’s court, and people’s procuratorate at the same level.
Article 7 The general office (offices) of the municipal, district standing committees shall organize special committees or working offices to draw up the drafts of law-enforcement inspection plans.
Article 8 Law-enforcement inspection plans shall be put forward to the chairman’s meeting of the municipal, district standing committees (hereinafter referred to as the chairman’s meeting) for discussion and decision within 1 month from the closing of the session of the people’s congress every year.
After law-enforcement inspection plans are decided, the general office (offices) of the municipal, district standing committees shall, within 10 business days, inform the people’s government, people’s court, and people’s procuratorate at the same level in writing of the law-enforcement inspection plans.
Law-enforcement inspection plans shall be printed and sent to the members of the standing committees and made public to the society.
Article 9 The items of the law enforcement inspection of the municipal, district standing committees shall not less than 2 each year.
The municipal, district standing committees may jointly carry out law enforcement inspections.
If the standing committee of the people’s congress at a higher level needs the standing committee of the people’s congress at a lower level to cooperate, the standing committee of the people’s congress at a lower level shall cooperate.
Article 10 When reporting the work to the people’s congresses at the same level, the municipal, district standing committees shall report the implementation of the law-enforcement inspection plans.
Article 11 If the items of law-enforcement inspection plans need to be adjusted, the related special committees or working offices may put forward proposals, and the general office (offices) of the municipal, district standing committees shall put forward these proposals to the chairman’s meetings for discussion and decision.
Chapter III Organization
Article 12 The municipal, district standing committees shall organize law-enforcement inspection groups according to law-enforcement inspection plans and the principle of being capable and efficient.
The members of a law-enforcement inspection group shall be selected from the members of the standing committee, special committees or working offices of the people’s congress at the same level, and the deputies of the people’s congress at the same level may be invited to join the group.
Law-enforcement inspection groups may invite the deputies of the people’s congresses at higher and lower levels, related experts, and urban residents to take part in the activities of law enforcement inspections.
Article 13 The related special committees or working offices shall be responsible for the following work:
(1) to draw up the working plans of law enforcement inspections, put them forward to the chairman’s meetings for discussion and decision, and make them public to the society;
(2) the specific work of law enforcement inspections such as liaison, coordination, making arrangements, etc.;
(3) to organize investigations and studies, and evaluation of related issues;
(4) to draft law-enforcement inspection reports;
(5) the other work related to law enforcement inspections.
Article 14 The working plans of law enforcement inspections shall include the
following items:
(1) the time, contents, and requirements of law enforcement inspections;
(2) the methods and steps of law enforcement inspections;
(3) the name lists of law-enforcement inspection groups;
(4) the other matters.
The law-enforcement inspection groups may make proper adjustments in the
working plans of law enforcement inspections.
Article 15 After a working plan of law enforcement inspections is discussed and decided at the chairman’s meeting, the people’s government, people’s court, and people’s procuratorate at the same level responsible for the implementation of law, regulations shall be informed of the plan in 10 business days.
Chapter 4 Procedure
Article 16 The law-enforcement inspection groups shall focus on the study of related law, regulations and be well acquainted with working plans of law enforcement inspections before carrying out law enforcement inspections.
Article 17 The law-enforcement inspection groups shall make public to the society the items of law enforcement inspections and the way to contact the law-enforcement inspection groups, and solicit opinions and suggestions from the public on the implementation of law, regulations and the work of law enforcement inspections.
Article 18 The law-enforcement inspection groups shall listen to the reports on the state of law enforcement of the people’s government, people’s court, and people’s procuratorate responsible for the implementation of law, regulations. The reports on the state of law enforcement shall include the following items:
(1) the state of the implementation of law, regulations;
(2) the problems in the implementation of law, regulations;
(3) the measures and suggestions on the improvement of the implementation of law, regulations;
(4) the suggestions on the improvement of the related legislation of this municipality.
The people’s governments may entrust the related departments, offices in charge
of the implementation of law, regulations (hereinafter referred to as implementation departments, offices) with reporting the state of law enforcement.
Article 19 The law-enforcement inspection groups may find out the state of the implementation of law, regulations through many channels such as field inspections, investigations, informal discussions, checkups, hearings, public opinion polls, sample surveys, evaluations, and looking up related archives, files, etc.
Article 20 The law-enforcement inspection groups shall put forward law-enforcement inspection reports according to the requirements of working plans of law enforcement inspections, and the chairman’s meetings shall make a decision on submitting the reports to the standing committees of the people’s congresses at the same level for deliberation.
The law-enforcement inspection reports shall include the following items:
(1) the state of law enforcement inspections in essence;
(2) the basic evaluation of the implementation of law, regulations;
(3) the primary problems in the implementation of law, regulations, and the analysis of their causes;
(4) the main suggestions on the improvement of law enforcement;
(5) the suggestions on the improvement of the related legislation of this municipality;
(6) the other important opinions and suggestions.
Article 21 After a law-enforcement inspection report is submitted to the standing
committee of the people’s congress at the same level for deliberation, the general office (offices) of the municipal, district standing committees shall, within 10 business days from the closing of the meeting, send the deliberation opinion of the members of the standing committee on the law-enforcement inspection report with the report itself to the people’s government, people’s court, and people’s procuratorate for study and settlement.
Article 22 The people’s government, people’s court, and people’s procuratorate shall study and settle the deliberation opinion and the problems raised in the law-enforcement inspection report by a prescribed time limit, and their administrative offices shall inform the related special committees or working offices of the study and settlement to solicit opinions and then submit a report to the standing committee of the people’s congress at the same level in 3 months.
Article 23 After a law enforcement inspection is completed, a follow-up inspection of the law enforcement may be organized in the following situations:
(1) the implementation department, offices have already taken measures for rectification, but it is necessary to undertake a follow-up inspection of the goals of rectification;
(2) it is necessary to have a follow-up inspection of the major issues and other issues found in the law enforcement inspection.
The chairman’s meeting may make a decision on the follow-up inspection in
accordance with the above-mentioned situations, and the state of the follow-up inspection shall be reported to the standing committee of the people’s congress at the same level.
Article 24 The law-enforcement inspection reports and the deliberation opinions of the municipal, district standing committees, the reports of the people’s government, people’s court, and people’s procuratorate on the state of their study and settlement shall be submitted to the people’s congress at the same level and made public to the society.
Article 25 The issues of suspected violation of law found in law enforcement inspections shall be uniformly transferred to the related offices to be dealt with according to law. As for the issues of suspected major violation of law or the issues that are widespread and represent a tendency, the related special committees or working offices may listen to the reports from the implementation departments, offices, and, if it is necessary, the chairman’s meeting shall listen to the reports and order the implementation departments, offices to deal with the issues according to law and report the settlement.
Chapter V Other Rules
Article 26 Before the regulations of the Special Economic Zone enacted by the Shenzhen Municipal People’s Congress and its Standing Committee (hereinafter referred to as Special Zone regulations), the major regulations of the municipality (hereinafter referred to as major regulations) take effect, the implementation departments, offices shall draw up working plans of the implementation of the regulations; if Special Zone regulations, major regulations are revised or abolished, the implementation departments, offices shall draw up working plans of the implementation or abolishment of the regulations when the related special committees or working offices consider it necessary and the chairman’s meetings make a decision on it.
If the implementation, revision or abolishment of law, administrative regulations, and local regulations of Guangdong Province has important impact on this city, the related special committees or working offices may suggest that the implementation departments, offices should draw up working plans of the implementation or abolishment of the law, regulations.
Working plans of the implementation of law, regulations shall be reported to the standing committees of the people’s congresses at the same level to be put on file.
Article 27 Working plans of the implementation shall include the following items:
(1) the plan worked out with authorization on the implementation standards, technical standards, specific implementation measures of corresponding punishments;
(2) the working plan on the publicity and popularization of regulations;
(3) the plan of law enforcement training;
(4) the related supporting measures that need to be worked out and improved;
(5) the plan to ascertain the personnel, authorized size of staff, and funds that are needed;
(6) the other matters.
Working plans of the abolishment of law, regulations shall include specific
arrangements of the related work after the abolishment.
Article 28 With the authorization of the chairman’s meetings, the related special committees or working offices may inspect the implementation of working plans of the implementation or abolishment of law, regulations.
Article 29 When the municipal government reports its work to the municipal people’s congress, the items of its work report shall include the implementation of Special Zone regulations, major regulations in the current year.
The related departments, offices of the municipal intermediate people’s court, municipal people’s procuratorate, and municipal people’s government shall submit to the municipal standing committee their written reports on the implementation of Special Zone regulations and major regulations in the last year in January of every year. The reports shall include the following items:
(1) the titles of regulations that they are responsible for implementation;
(2) the state of the implementation and the problems in the implementation;
(3) the state of the enactment, revision, abolishment of the related law, administrative regulations, and local regulations of Guangdong Province and its impact on this city;
(4) the suggestions on the improvement of the related legislations of this municipality.
Article 30 If newly promulgated law, administrative regulations, and local
regulations of Guangdong Province have major impact on the application of Special Zone regulations, major regulations in this city, the implementation departments, offices shall submit reports to the municipal standing committees within 3 months from the date of the promulgation of the law, regulations to explain the change of the application of law, regulations and the suggestions on the improvement of the related legislation of this municipality.
The related special committees or working offices shall study the reports of the implementation departments, offices, propose solutions and report them to the chairman’s meetings. If it is needed to organize law enforcement inspections or enact, revise, abolish related regulations, suggestions may be put forward to incorporate these actions into annual plans of law enforcement inspections or legislative plans.
Chapter VI Supplementary Provisions
Article 31 The law enforcement inspections of the related social organizations’ or other organizations’ implementation of law, regulations shall be carried out in the light of related provisions of these regulations.
Article 32 These regulations shall take effect as of January 1, 2009.
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