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Regulations of the Standing Committee
of the Shenzhen Municipal People' s Congress on Discussing and
Deciding on Major Issues
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(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.)
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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.
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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.
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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.
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The
SCMPC shall make decisions on serious violations of the
Constitution and laws in accordance
with laws in this
administrative area.
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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.
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Article
5 The following issues shall be submitted to the SCMPC for
check and approval:
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(1) Adjustments of mid-term and
long-term plans for national economic and social development;
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(2)
Adjusted schemes of major targets of plans for national economic
and social development;
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(3)
Key construction projects invested by the government, which
involve wide range, and have profound
influence;
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(4)
Adjustment of schemes of annual total amount of the
government' s investment;
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(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;
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(6)
Partial changes of the final accounts and budgets of this level
in the financial year;
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(7)
Schemes of adjustment and reduction of funds for education,
science and technology, and social
security arranged by the
budgets;
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(8)Pre-arranged
schemes of planned budgets;
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(9)
The use arrangement of the financial excessive revenue of this
level;
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(10)
Planning of sub areas of the city.
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Article
6 The SCMPC shall discuss and decide on development plans
for education, science and technology, culture, public health,
sports, and so on.
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The
SCMPC shall discuss and decide on major measures involving
population, environment, recourses,
and so on.
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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.
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Article
8 The SCMPC shall discuss the drafts of the general city
plannings.
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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.
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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.
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Article
11 The SCMPC shall discuss and decide on withdrawing
inappropriate decisions of lower people' s congresses and their
standing committees.
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It
shall discuss and decide on withdrawing inappropriate decisions
or orders of people' s government
of the same level as it.
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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.
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Article
12 The SCMPC shall discuss the investigation results and
treatment suggestions of the committees of inquiry into specific
issues organized by it.
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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.
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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.
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14 The SCMPC shall discuss and approve the agreements of
establishing friendly cities with foreign countries.
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15 The SCMPC shall discuss and determine the municipal
emblem, tree and flower.
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16 The SCMPC shall decide on conferring or canceling titles
of honor.
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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.
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18 The proposals of major issues to be discussed by the
SCMPC include:
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(1)
Proposals, which the meetings of the Municipal People' s
Congress decide to submit to the SCMPC for deliberation;
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(2)
Proposals raised by the meeting of directors of the SCMPC;
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(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.
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The SCMPC may, regarding the discussion, make decisions
on proposals of the above paragraph.
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Article
19 The SCMPC shall discuss and decide on other major issues,
which it deems necessary in accordance with provisions
of laws
and regulations.
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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.
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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.
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Article
21 Raisers shall submit major issues to the SCMPC for
deliberation in the form of proposal. The proposal shall include
the following contents:
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(1)
Basic facts of the major issues;
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(2)
Bases of laws, regulations, regulations or policies
related to the major issues;
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(3)
Decision-making schemes and the feasibility explanations
of the major issues;
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(4)
Materials of related statistical data, investigation and
analysis of the major issues.
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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.
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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.
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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.
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25 The SCMPC must strictly observe legal procedures to
discuss and decide on major issues in this administrative area.
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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.
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Article
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These regulations shall become effective as of the date of
promulgation. |
