The new rules!Major administrative decisions will be held accountable for life

2022-05-23 0 By

On February 14, the executive meeting of the Municipal Government deliberated and passed the Provisions on major Administrative Decision-making Procedures of Xi ‘an City (hereinafter referred to as the Provisions).The Regulations provide standardized guidance for the whole process of major administrative decisions, and stipulate that if a decision-making organ violates the regulations and causes serious mistakes in decision making, resulting in heavy losses and adverse effects, it shall be retroactively investigated for responsibility and be held liable for life.The Annual catalogue of Major Administrative Decisions published to the public includes six chapters and 62 articles, including general provisions, decision initiation, decision procedure, decision implementation and adjustment, legal liability and supplementary provisions.The Regulations regard the Leadership of the Party as the fundamental basis for major administrative decisions, and require the consent of the party committee at the same level to put forward the list of items for annual decisions. Prior to the promulgation of major administrative decisions, the Party Committee at the same level shall, in accordance with the regulations, request instructions and reports to the party committee at the same level.The Regulations set out the scope of major administrative decisions by combining enumeration with the management of annual catalogues. They mainly include five aspects. First, major public policies and measures concerning public services, market regulation, social management, urban management and environmental protection are formulated.Second, formulate important plans for economic and social development.Third, formulate major public policies and measures for the development, utilization and protection of important natural and cultural resources;The major public construction projects to be implemented by decision in the administrative region;Fifth, to decide on other major issues that have a major impact on economic and social development or involve major public interests or vital interests of the public.At the same time, the regulations require the decision-making organs to make a list of the items to be decided and published to the public within the scope of the listed items, combining their responsibilities and powers with local realities and considering both planning and emergencies.The Regulations on major administrative decisions made by decision-making organs should be published and interpreted in a timely manner specify relevant procedures and standard requirements one by one from the aspects of decision initiation, public participation, expert demonstration, risk assessment, legality review, collective discussion and decision, announcement, implementation and adjustment of decisions, and legal liability.For example, in addition to matters not to be made public according to law, the undertaking units may, depending on the scope and extent of the impact of the decision on the public, extensively solicit public opinions through symposiums, hearings, field visits, written solicitation, public solicitation, questionnaires and opinion polls.A public hearing may be held if the decision-making matters directly involve the immediate interests of citizens, legal persons or other organizations or there are major differences.According to the Regulations, decision-making organs should publish and interpret major administrative decisions in a timely manner, except those that are not made public in accordance with the law.For major administrative decisions that are of general interest to the public or that are highly specialized or technical, explanations shall be given on the adoption of public opinions and expert opinions, and publicity and interpretation shall be carried out through press conferences and interviews.Post-decision evaluation shall be carried out periodically in order to ensure the implementation of decisions, timely detection of decision-making deviations and improvement of decision-making error correction effects, the Provisions clearly specify the requirements for decision-making execution units, and determine the supervision and inspection of the implementation of decisions by government supervision and inspection institutions or departments designated by decision-making organs according to law.The regulations specify that post-decision evaluations should be carried out on a regular basis.However, in the process of decision implementation, if it is found that the expected results have not been obviously achieved after the implementation of the decision, or the public has raised many opinions, the evaluation shall be organized in a timely manner.The results of post-decision evaluation shall serve as an important basis for adjusting major administrative decisions.In order to implement the system of decision-making process of rigid constraints, the regulations strictly decision-making responsibility, responsible for serious mistake decision-making, or shall make a decision in a timely manner in accordance with the law and protracted, caused heavy losses and bad influence, applies a system of lifelong responsibility and responsibility check mechanism, and the decision-making process of all kinds of main body,The corresponding legal responsibilities are stipulated respectively for decision-making organs, undertaking units, implementing units and entrusted units.At the same time, the fault tolerance mechanism for reform and innovation has been clarified for the decision-making of exploratory reform matters.From: Xi ‘an