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Rules
of the People' s Government of Shenzhen Municipality on Rule
Interpretation |
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Decree of the
People' s Government of Shenzhen Municipality |
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No.128 |
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Rules of the People' s Government
of Shenzhen Municipality on Rule Interpretation, adopted at the
110th Standing
Meeting of the Third Municipal Government, is
hereby promulgated and shall go into effect as of March 1,2004.
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Li Hongzhong
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Substitute Mayor
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February 16,2004
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Article 1 These rules are
hereby enacted with a view to maintaining the uniform legal
system, enforcing
the rules enacted by the People' s Government
of Shenzhen Municipality (hereinafter referred to the Municipal
Government)
correctly and standardizing rule interpretation. |
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Article 2 The rule
interpretation mentioned in these rules refers to the
provisions of further
defining articles of rule if needs and the
replies to the questions on applying the rules concretely during
administrative
enforcement of law. |
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Article 3 The Municipal
Government shall exercise the power of rule interpretation in
uniform. |
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The legal institution of the Municipal
Government shall be responsible for examination of the rule
interpretation specifically. |
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Article 4 The rule
interpretation shall comply with the following principles: |
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(1)equity and reason; |
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(2)the contents of
interpretation shall be in line with the original idea and the
basic principles of
the rule; |
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(3)to comply with the
procedure of these rules. |
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Article 5 The legal institution of the
Municipal Government may draw up a draft of rule interpretation
if necessary. |
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Article 6 The district Governments or the
departments of the Municipal Government may apply to the
Municipal Government
for interpreting the rules while the legal
institution of the Municipal Government shall take charge of the
examination. |
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Article 7 When a citizen, a legal person or
other organization considers it necessary that a rule shall be
interpreted,
he or it may submit the suggestion of rule
interpretation to the legal institution of the Municipal
Government, and the
legal institution of the Municipal
Government shall decide whether to interpret or not. |
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Article 8 Where anyone submits the
application and the suggestion of rule interpretation, he shall
attach a
text of rule interpretation and explain the necessity
of rule interpretation and other matters needing explaining
synchronously. |
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Article 9 Where the application and the
suggestion are listed for examination, the legal institution
of
Municipal Government shall do the investigation and research as
well as inquire the opinions widely by in written or
in
conversazione, demonstration, hearing and so on. |
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When examining the application and the
suggestion of rule interpretation, the legal institution of the
Municipal Government may request the applicator or the proponent
to supply the materials, introduce the situation and answer
the
questions according to the actual needs. |
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Article 10 For the suggestion of rule
interpretation, the legal institution of the Municipal
Government shall decide
whether to interpret or not and inform
the proponent within fifteen working days from the date on
receiving the suggestion
of rule interpretation. |
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Article 11 The draft of rule interpretation
directly drawn up and examined by the legal institution of
Municipal Government
shall be submitted to the Municipal
Government for approval, and then be promulgated by the
Municipal Government in the
Gazette of the People' s Government
of Shenzhen Municipality or other medias and internet websites
appointed by the Government. |
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The legal institution of Municipal Government
shall compile the promulgated rule interpretation regularly. |
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Article 12 For the matters of applying the
rules concretely during the administrative enforcement of law,
if the district
governments, the relevant departments of the
Municipal Government, a citizen, a legal person or other
organizations apply
to the legal institution of the Municipal
Government for interpretation, the legal institution of the
Municipal Government
shall research and reply; if involving the
important issues, the legal institution of the Municipal
Government shall propose
opinions and reply subjected to the
approval of the Municipal Government. |
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Article 13 The interpretation of rule has
the same effect as the original rule. |
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Article 14 When the legal institution of
the Municipal Government considers that the rule needs
complementing and amending during interpreting the rule, it
shall carry out according to the enacting and amending
procedures
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Article 15 These rules shall go into effect as of March 1,2004. |
