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Opinions of the State Council on Strengthening the Building of a Government Ruled by Law
[Expired]
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国务院关于加强法治政府建设的意见
[失效]
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【法宝引证码】
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Opinions of the State Council on Strengthening the Building of a Government Ruled by Law
(No.33 [2010] of the State Council)
The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions of the State Council and all institutions directly under the State Council:
In March 2004, the State Council promulgated the Program for Comprehensively Promoting “Administration by Law” (hereinafter referred to as the “Program”), which explicitly calls for the building of a government ruled by law. To profoundly carry out the basic guideline of governing the country by law under the new situations, comprehensively promote “administration by law”, and further strengthen the building of a government ruled by law, we hereby put forward the following opinions.
| | 国务院关于加强法治政府建设的意见
（国发〔2010〕33号）
各省、自治区、直辖市人民政府，国务院各部委、各直属机构：
2004年3月，国务院发布《全面推进依法行政实施纲要》（以下简称《纲要》），明确提出建设法治政府的奋斗目标。为在新形势下深入贯彻落实依法治国基本方略，全面推进依法行政，进一步加强法治政府建设，现提出以下意见。
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I. Significance, Urgency and Overall Requirements of Strengthening the Building of a Government Ruled by Law
| | 一、加强法治政府建设的重要性紧迫性和总体要求
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1. Significance and urgency of strengthening the building of a government ruled by law. Carrying out the basic guideline of governing the country by law, promoting “administration by law” and building a government ruled by law represent a revolutionary transition in concepts and methods of our Party's governance of this country and are of epoch-making significance. Over the six years since the implementation of the Program, the people's governments at all levels have attached great importance to the work on “administration by law”, strengthened leadership, made effective efforts, and made important headway in building a government ruled by law. At present, the economic and social development of our country is in a new stage, the domestic and overseas environments are more complicated, and we are confronted with more challenges. The tasks of transforming the economic development mode and adjusting the economic structure are more urgent and arduous. There are not only imbalanced development between urban and rural areas and between different regions but also increasingly unfair income distribution and widening income gap. With the further adjustments of the social structure and interest pattern, social conflicts in some regions and some fields are on the rise, mass incidents occur occasionally, and in some fields, corruptions still tend to or frequently occur and such problems as impartial law enforcement and administrative nonfeasance and malfeasance are relatively serious. To solve such serious problems, we shall further deepen the reform, strengthen the building of rules, strengthen the oversight and restriction of the exercise of administrative powers, promote “administration by law”, and build a government ruled by law. The administrative organs at all levels and their leaderships must have a correct understanding of the new changes in the economic and social environments of our country, have a precise control over the new situation of reform, development and stability, make timely response to the new expectations from the people, and effectively raise their sense of mission, sense of urgency and sense of responsibility for the building of a government ruled by law.
| | 1.加强法治政府建设的重要性紧迫性。贯彻依法治国基本方略，推进依法行政，建设法治政府，是我们党治国理政从理念到方式的革命性变化，具有划时代的重要意义。《纲要》实施6年来，各级人民政府对依法行政工作高度重视，加强领导、狠抓落实，法治政府建设取得了重要进展。当前，我国经济社会发展进入新阶段，国内外环境更为复杂，挑战增多。转变经济发展方式和调整经济结构的任务更加紧迫和艰巨，城乡之间、地区之间发展不平衡，收入分配不公平和差距扩大，社会结构和利益格局深刻调整，部分地区和一些领域社会矛盾有所增加，群体性事件时有发生，一些领域腐败现象仍然易发多发，执法不公、行政不作为乱作为等问题比较突出。解决这些突出问题，要求进一步深化改革，加强制度建设，强化对行政权力运行的监督和制约，推进依法行政，建设法治政府。各级行政机关及其领导干部一定要正确看待我国经济社会环境的新变化，准确把握改革发展稳定的新形势，及时回应人民群众的新期待，切实增强建设法治政府的使命感、紧迫感和责任感。
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2. Overall requirements of strengthening the building of a government ruled by law. From now on, we shall profoundly carry out the Scientific Outlook on Development, earnestly implement the basic guideline of governing the country by law, further strengthen the implementation of the Program, take the building of a government ruled by law as the goal, take innovations in the systems and mechanisms related to the overall “administration by law” as the breakthrough, focus on raising the awareness and abilities of leaders of “administration by law”, improve the quality of the building of rules, regulate the exercise of administrative powers, guarantee the strict implementation of laws and regulations, comprehensively promote “administration by law”, and constantly strengthen the public creditability and executive capability of the government, so as to provide a greater guarantee for the sound yet rapid development of the economy and the social harmony and stability.
| | 2.加强法治政府建设的总体要求。当前和今后一个时期，要深入贯彻科学发展观，认真落实依法治国基本方略，进一步加大《纲要》实施力度，以建设法治政府为奋斗目标，以事关依法行政全局的体制机制创新为突破口，以增强领导干部依法行政的意识和能力、提高制度建设质量、规范行政权力运行、保证法律法规严格执行为着力点，全面推进依法行政，不断提高政府公信力和执行力，为保障经济又好又快发展和社会和谐稳定发挥更大的作用。
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II. Raising the “Administration by Law” Awareness and Abilities of the Personnel of Administrative Organs, Especially Leaders
| | 二、提高行政机关工作人员特别是领导干部依法行政的意识和能力
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3. Attaching great importance to fostering the “administration by law” awareness and abilities of the personnel of administrative organs. The personnel of administrative organs, especially the leaders, shall take the lead in learning the law, respecting the law, abiding by the law and using the law, firmly establish the concept of socialist rule of law on the basis of “governing the country by law, enforcing law for the people, being fair and just, serving the overall situation and sticking to the Party's leadership,” consciously form the habit of handling affairs according to law, and effectively improve their ability to solve prominent contradictions and problems in economic and social development by legal means under the guidance of rule of law. We shall pay attention to promoting and using excellent leaders who have a strong sense of “administration by law” and are good at solving problems and promoting development by legal means.
| | 3.高度重视行政机关工作人员依法行政意识与能力的培养。行政机关工作人员特别是领导干部要带头学法、尊法、守法、用法，牢固树立以依法治国、执法为民、公平正义、服务大局、党的领导为基本内容的社会主义法治理念，自觉养成依法办事的习惯，切实提高运用法治思维和法律手段解决经济社会发展中突出矛盾和问题的能力。要重视提拔使用依法行政意识强，善于用法律手段解决问题、推动发展的优秀干部。
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4. Carrying out the systems of inspection on “administration by law” and legal knowledge test. The understanding of the relevant legal knowledge and “administration by law” shall be inspected before the leaders assume their leading positions in the local people's governments and the departments thereof. In the recruitment examination of civil servants, we shall attach importance to the legal knowledge test and organize special legal knowledge tests for the personnel who will handle law enforcement, legislative affairs, etc. of the government.
| | 4.推行依法行政情况考察和法律知识测试制度。拟任地方人民政府及其部门领导职务的干部，任职前要考察其掌握相关法律知识和依法行政情况。公务员录用考试要注重对法律知识的测试，对拟从事行政执法、政府法制等工作的人员，还要组织专门的法律知识考试。
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5. Establishing long-term effect mechanisms for legal knowledge study and training. We shall improve the legal study system for the leaders of administrative organs at all levels, and in the form of studying law before the executive meeting of the government is convened, law seminars, etc., organize the study of the Constitution, the common law knowledge and the special body of law related to the performance of functions. The local people's government at or above the county level shall hold at least two special topic seminars for the leaders on “administration by law” each year. “Administration by law” shall be included in the teaching contents of the training classes for civil servants held by the administration institutes at all levels and training institutions for civil servants. We shall periodically organize the law enforcement personnel to participate in the common legal knowledge training, rotation training on a special body of law and special topic training on new laws and regulations, and take their training performance and scores as the basis for job performance evaluation and promotion.
| | 5.建立法律知识学习培训长效机制。完善各级行政机关领导干部学法制度。要通过政府常务会议会前学法、法制讲座等形式，组织学习宪法、通用法律知识和与履行职责相关的专门法律知识。县级以上地方各级人民政府每年至少要举办2期领导干部依法行政专题研讨班。各级行政学院和公务员培训机构举办的行政机关公务员培训班，要把依法行政知识纳入教学内容。定期组织行政执法人员参加通用法律知识培训、专门法律知识轮训和新法律法规专题培训，并把培训情况、学习成绩作为考核内容和任职晋升的依据之一。
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III. Strengthening and Improving the Building of Rules
| | 三、加强和改进制度建设
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6. Highlighting the key government legislation. We shall, according to the requirements of motivating the enthusiasm and creativity of the people, inspiring social vitality and competitiveness, emancipating and developing productivity, maintaining fairness and justice and regulating the use of power, strengthen and improve the government legislation and building of rules. We shall focus on strengthening the legislation on the improvement of the economic system, improvement of the people's livelihood, development of social undertakings and self-development of the government. We shall give top priority to the relatively mature legislative projects that are highly concerned about by the society and urgently needed in practice, muster all efforts to tackle the key problems, and promulgate such legislation as soon as possible.
| | 6.突出政府立法重点。要按照有利于调动人民群众积极性和创造性、激发社会活力和竞争力、解放和发展生产力、维护公平正义、规范权力运行的要求，加强和改进政府立法与制度建设。重点加强有关完善经济体制、改善民生和发展社会事业以及政府自身建设方面的立法。对社会高度关注、实践急需、条件相对成熟的立法项目，要作为重中之重，集中力量攻关，尽早出台。
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7. Improving the quality of the building of rules. Government legislation shall accord with the law of economic and social development, fully reflect the people's wishes, and focus on addressing the universal issues and deep-rooted conflicts in economic and social development, so as to make the legal system more scientific and operative. We shall strictly follow the statutory authority and procedures, improve the systems and mechanisms for the public's participation in government legislation, and ensure that the opinions of the people are fully expressed and their reasonable appeals and legal interests are fully represented. Except for those kept confidential according to law, the opinions of the public shall be solicited on the draft administrative regulations and rules, and feedback on the adoption of the public's opinions shall be given in an appropriate manner. We shall establish a sound expert consultancy and demonstration system to give full play to the role of experts and scholars in government legislation. Where the draft laws, regulations and rules involve the functions of other departments, we shall fully hear their opinions, and the relevant departments shall study in earnest and give a reply as required about their opinions. We shall strengthen the leading and coordinating role of the government's legislative affairs department in government legislation, and significant dissenting opinions and disagreement shall be timely submitted to the people's government at the same level for decision. We shall resolutely overcome the trend of departmental or local protectionism during government legislation. We shall actively explore and carry out the cost-benefit analysis, social risk appraisal and post-evaluation of government legislation. We shall strengthen the interpretation of administrative regulations and rules.
| | 7.提高制度建设质量。政府立法要符合经济社会发展规律，充分反映人民意愿，着力解决经济社会发展中的普遍性问题和深层次矛盾，切实增强法律制度的科学性和可操作性。严格遵守法定权限和程序，完善公众参与政府立法的制度和机制，保证人民群众的意见得到充分表达、合理诉求和合法利益得到充分体现。除依法需要保密的外，行政法规和规章草案要向社会公开征求意见，并以适当方式反馈意见采纳情况。建立健全专家咨询论证制度，充分发挥专家学者在政府立法中的作用。法律法规规章草案涉及其他部门职责的，要充分听取相关部门的意见；相关部门要认真研究，按要求及时回复意见。加强政府法制机构在政府立法中的主导和协调作用，涉及重大意见分歧、达不成一致意见的，要及时报请本级人民政府决定。坚决克服政府立法过程中的部门利益和地方保护倾向。积极探索开展政府立法成本效益分析、社会风险评估、实施情况后评估工作。加强行政法规、规章解释工作。
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8. Strengthening the clear-up of administrative regulations and rules and normative documents. We shall attach equal importance to new legislation and revision of old one, and amend or abolish in a timely manner those administrative regulations and rules and normative documents in noncompliance with the requirements of the economic and social development, in violation of or inconsistent with the superordinate law or inconsistent with each other. We shall establish a regular clear-up system for administrative rules and normative documents to clear up administrative rules every five years and normative documents every two years, and clear-up results shall be announced to the public.
| | 8.加强对行政法规、规章和规范性文件的清理。坚持立“新法”与改“旧法”并重。对不符合经济社会发展要求，与上位法相抵触、不一致，或者相互之间不协调的行政法规、规章和规范性文件，要及时修改或者废止。建立规章和规范性文件定期清理制度，对规章一般每隔5年、规范性文件一般每隔2年清理一次，清理结果要向社会公布。
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9. Improving the procedures for making normative documents. The local administrative organs at all levels and all departments of the State Council shall make normative documents in strict accordance with the law. Their normative documents shall not set any administrative license, administrative punishment, administrative compulsion, etc, and shall not set additional obligations of citizens, legal persons or other organizations in violation of law. To make normative documents which have a direct effect on the rights and obligations of citizens, legal persons or other organizations, the public's opinions shall be solicited, the legislative affairs department shall conduct legality examination, and decisions shall be made upon collective discussion at the government's executive meetings or the meetings of departmental leaderships. No normative documents shall be issued without the public solicitation of opinions, legality examination and collective discussion. The local people's government at or above the county level shall gradually realize the system of uniform registration, uniform numbering and uniform promulgation of its normative documents and those of its departments. Exploration shall be made on the establishment of a validity period system of normative documents.
| | 9.健全规范性文件制定程序。地方各级行政机关和国务院各部门要严格依法制定规范性文件。各类规范性文件不得设定行政许可、行政处罚、行政强制等事项，不得违法增加公民、法人和其他组织的义务。制定对公民、法人或者其他组织的权利义务产生直接影响的规范性文件，要公开征求意见，由法制机构进行合法性审查，并经政府常务会议或者部门领导班子会议集体讨论决定；未经公开征求意见、合法性审查、集体讨论的，不得发布施行。县级以上地方人民政府对本级政府及其部门的规范性文件，要逐步实行统一登记、统一编号、统一发布。探索建立规范性文件有效期制度。
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10. Strengthening the filing examination of rules and normative documents. We shall strictly implement the regulation on the filing of administrative regulations and rules and the relevant provisions on the filing of normative documents, strengthen the filing examination, file all of them, and correct all errors, to effectively maintain the legal consistency and the smooth implementation of policies and orders. We shall focus on strengthening the examination of filed rules and normative documents that illegally set additional obligations of citizens, legal persons or other organizations or affect their legitimate rights and interests and that involve local or industrial protectionism, etc. We shall establish the systems of filing registration, promulgation, notification and supervisory inspection of normative documents, and strengthen the information level of the filing work. We shall earnestly study and deal with the examination suggestions from citizens, legal persons and other organizations according to the relevant provisions. We shall request in a timely manner the competent authorities to cancel illegal rules and normative documents and announce it to the public according to law. The filing supervision bodies shall regularly release to the public a list of rules and normative documents that have passed the filing examination.
．．．．．． | | 10.强化规章和规范性文件备案审查。严格执行法规规章备案条例和有关规范性文件备案的规定，加强备案审查工作，做到有件必备、有错必纠，切实维护法制统一和政令畅通。要重点加强对违法增加公民、法人和其他组织义务或者影响其合法权益，搞地方或行业保护等内容的规章和规范性文件的备案审查工作。建立规范性文件备案登记、公布、情况通报和监督检查制度，加强备案工作信息化建设。对公民、法人和其他组织提出的审查建议，要按照有关规定认真研究办理。对违法的规章和规范性文件，要及时报请有权机关依法予以撤销并向社会公布。备案监督机构要定期向社会公布通过备案审查的规章和规范性文件目录。
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