Provisions
of Interpretation of Regulations of the Standing Committee of
Shenzhen Municipal People' s
Congress
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(Adopted
by the 28th Meeting of the Standing Committee of the Second
Shenzhen Municipal People' s
Congress on December 4,1998.As revised by the 18th Meeting of
the Standing Committee of the Third
Shenzhen Municipal People' s
Congress on October25,2002.)
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Article
1 These provisions
are hereby enacted with a view to enforcing the regulations
formulated by the Shenzhen
Municipal People' s
Congress and its Standing Committee correctly and standardizing
regulatory interpretation.
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Article
2 The regulations
which formulated by the Shenzhen Municipal People' s
Congress and the Standing Committee shall be interpreted by the
Standing Committee of the Shenzhen
Municipal People' s
Congress( hereinafter referred to the Standing Committee) if it
has one of the following situations
and needs further defining :
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(1)
what the regulations enacting comparable principle needs further
defining
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(2),after
its enactment, the new conditions make it necessary to define
the basis on which to apply
the regulations.
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(3),
what according to the principle enacted by the regulations needs
extending or restricting application
scope of regulations;
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(4),
what the Standing Committee finds it necessary to be further
interpreted.
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Article
3 The contents of
regulatory interpretation may not depart form the original
meaning of the regulations.
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Article
4 The Special
Committees of the Municipal People' s
Congress(hereinafter referred to the Special Committees), the
Shenzhen Municipal Government( hereinafter
referred to the
Municipal Government)and its departments, the Shenzhen
Intermediate Pelple' s
Court, the Shenzhen People' s
Procuratorate , the regional People' s
Congress and its Standing Committee, the Shenzhen Arbitral
Institution ,a group of five members
or more of the Standing
Committeee of the Shenzhen Municipal People' s
Congress or a group of ten or more deputies to the Municipal
People' s
Congress may submit a application bill of regulatory
interpretation ( hereinafter referred to
the application bill)
to the general office of the Standing Committee of the Municipal
People' s
Congress and request the Standing Committee of the Municipal
People' s
Congress to give regulatory interpretation . But the applicant
shall submit the written information
for explanting the
necessity of regulatory interpretations at the same time.
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Article
5 After receiving
the application bill, the general office of the Standing
Committee of the Municipal
People' s
Congress shall transfer it to the Special Committee or the
Working Committee for examination while
the relevant Special
Committee or the Working Committee shall submit the examination
opinion to
the secretary-general in order for referring to the
meeting of directors which will decide whether the Standing
Committee of the Municipal People' s
Congress shall give the regulatory interpretation or not .
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Article
8 If the
regulations needs to be interpreted , the relevant Special
Committee and the Working Committee
shall put forward the
preliminary interpretation opinion to the Legality Commission
for drawing
up a draft regulatory interpretation. After drawing
up , the Legality Commission shall submit to the Standing
Committee of the Municipal People' Congress
for deliberation.
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During
deliberating the draft regulatory interpretation, if the
Standing Committee of the Municipal
People' s
Congress finds that the interpreted regulations needs to be
revised or made supplement provisions,
the interpretation of the
application bill shall be terminated and transacted according to
the
procedure set by the Regulations of Formulating Regulations
of Shenzhen City.
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Article
7 The regulatory
interpretation shall be promulgated by the general office of the
Standing Committee
of the Municipal People' s
Congress in an announcement ,and
it has the same effect as the original regulations.
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Article
8 If the
application bill doesn' t
belong to the conditions of the article 2, but belongs to the
matters on how to use the regulations
, the relevant Special
Committee or the Working Committee shall put forward the
preliminary interpretation
opinion to the Legality Commission
for preparing the regulatory interpretation opinion, then, the
Legality Commission shall report to the vice deputy director or
the meeting of directors of the Standing Committee
of the
Municipal People' s
Congress who takes charge of the separate control for
examination and approval.
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Article
9 The Municipal
Government shall interpret the implementing rules of regulations
which were formulated
by itself under the authorization of the
Standing Committee of the Municipal People' s
Congress, but the
interpretation shall
not contradict the legislative intent of original regulations.
The interpretation shall be reported to the Standing Committee
of the Municipal People' s
Congress for recording.
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Article
10 The Standing
Committee of the Municipal People' s
Congress shall collect the promulgated documents of regulatory
interpretations regularly.
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Article
11 These regulations shall go into effect as of promulgation. |