中华人民共和国立法法 Legislation Law of the Peoples Republic of China
2009-03-24 法律英语 来源:互联网 作者: ℃Article 39 Where the deliberation of a legislative bill has been laid aside for two full years owing to significant disag
reement among the various quarters on the necessity and feasibility of making the bill into a law, or where a legislative bill that has been proposed not to be put to vote for the time being has failed to be placed again on the agenda of a meeting of the Standing Committee for deliberation within two years, the Council of deliberation on the said bill shall terminate.
Article 40 After the revised draft of a law has been deliberated by the Standing Committee at its meeting, the Law Committee shall further revise it on the basis of the deliberated opinions of the members of the Standing Committee before preparing a draft for vote; then, the Council of Chairmen shall request the Standing Committee to put the draft to vote at a plenary meeting, and the draft shall be subject to adoption by a simple majority of the total membership of the Standing Committee.
Article 41 A law adopted by the Standing Committee shall be promulgated by Order of the President signed by the president of the People's Republic of China.
Section 4
Legal Interpretation
Article 42 The power of legal interpretation belongs to the Standing Committee of the National People's Congress.
A law shall be interpreted by the Standing Committee of the National People's Congress if:
(1)the specific meaning of a provision needs to be further defined;or
(2)after its enactment, new developments make it necessary to define the basis on which to apply the law.
Article 43 The State Council, the Central Military Commission, the Supreme People's Court, the Supreme People's Procuratorate, a special committee of the National People's Congress and the standing committee of the People's congress of a province, autonomous region of municipality directly under the Central Government may request the Standing Committee of the National People's Congress to give legal interpretation.
Article 44 The working offices of the Standing Committee shall study and work out a draft for the legal interpretation, which shall be put on the agenda of the Standing Committee meeting by decision of the Council of legal interpretation for vote.
Article 45 After a draft for legal interpretation has been deliberated by the Standing Committee at its meeting, the Law Committee shall, on the basis of the deliberated opinions of members of the Standing Committee, deliberate on the draft and revise it before working out a draft legal interpretation for vote.
Article 46 The draft legal interpretation for vote shall be subject to adoption by a simple majority of the total membership of the Standing Committee and be promulgated by the Standing Committee in an announcement.
Article 47 The legal interpretation adopted by the standing Committee of the National People's Congress has the same effect as the laws enacted by it.
Section 5
Other Provisions
Article 48 When a legislative bill is submitted, a version of the draft law, it explanation and other necessary information shall be provided at the same time. The explanation on the draft law shall cover the necessity of its enactment and its main contents.
Article 49 With regard to a legislative bill submitted to the National People's Congress or its Standing Committee, the sponsor has the right to withdraw it before it is put on the agenda of a Congress session or Committee meeting.
Article 50 With regard to a legislative bill that has failed to pass the vote at a plenary meeting of the National People's Congress or its Standing Committee, if the sponsor still considers it necessary to enact the proposed law, he may submit the bill anew in accordance with the statutory procedures, and the Presidium or the Council of Chairmen shall decide whether to pt it on the agenda of a session of the Congress or a meeting of the Standing Committee; for a bill that has failed to be adopted by the National P
eople's Congress, the case shall be referred to the National People's Congress for deliberation and decision.
Article 51 In a law, the time for its entry into effect shall be clearly Stipulated.
Article 52 In an Order of the President signed for promulgating a law, the organ that enacts the law, the date of its adoption and the time for its entry into effect shall be clearly stated.
Once a law is promulgated upon signing, it shall be published in the Bulletin of the Standing Committee of the National People's Congress and in the newspapers with a nationwide distribution.
The text of a law published in the Bulletin of the Standing Committee Shall be the standard text.
Article 53 The procedures for revising or nullifying a law shall be governed by the relevant provisions in this Chapter.
Where only part of the articles of a law are revised or nullified, the new text of the law must be promulgated.
Article 54 According to the need of the contents, a law may consists of parts, chapters, sections, articles, Paragraphs, subparagraphs and items.
The sequence of the different parts, chapters, sections and articles shall be marked in the order of Chinese numerals, the sequence of the paragraphs shall not be marked, that of subparagraphs shall be marked in the order of bracketed Chinese numerals and that of items marked with Arabic numerals.
In the note to the title of a law, the organ that enacts the law and the National People's Congress may reply, after study, to any legal inquiries regarding specific questions and shall report thereon to the Standing Committee for the record.
Chapter III
Administrative Regulations
Article 56 The state Council shall, in Accordance with the Constitution and laws, formulate administrative regulations.
The administrative regulations may be formulated to govern the following matters:
(1) matters requiring the formulation of administrative regulations in order to implement the provisions of law; and
(2) matters within the administrative functions and powers of the State Council as Provided for in Article 89 of the Constitution.
When the administrative regulations governing an affair which has been formulated first by the State Council under authorization decided on by the National People's Congress or its Standing Committee, and affair on which the National People's Congress or its Standing Committee us responsible to make a law, have been tested in practice and when the conditions are ripe for making a law on the affair, the State Council shall, in a timely manner, request the National People's Congress its Standing Committee to make the law.
Article 57 The drafting of administrative regulations shall be arranged by the State Council. Where a relevant department under the State Council considers it necessary to formulate administrative regulations to govern a matter, it shall apply to the State Council for including the matter in its legislation list.
Article 58 In drafting administrative regulations, opinions from relevant organs, organizations and citizens shall be widely listened to, and forums, seminars, hearings, etc. may be held for the purpose.
Article 59 When the drafting of the administrative regulations is completed, the drafting unit shall submit the draft, its explanation, differing opinions from the various quarters on major questions in the draft and other relevant information to the legislative affairs department under the state Council for examination.
The legislative affairs department under the State Council shall submit an examination report and a revised draft to the state council and in its examination report explain the major questions in the draft.
Article 60 The decision-making procedures for administrative regulations shall comply with the relevant provisions in the Organic
Law of the State Council of the People's Republic of China.
Article 61 Administrative regulations shall be promulgated by Order of the State Council signed by the Premier of the State Council.
Article 62 After promulgation upon signing, the administrative regulations shall immediately be published in the Bulletin of the State Council and in newspapers with a nationwide distribution.
The text of the administrative regulations published in the Bulletin of the State Council shall be the standard text.
Chapter IV
Local Regulations, Autonomous Regulations, Separate Regulations, and Rules
Section 1
Local Regulations, Autonomous Regulations and Separate Regulations
Article 63 The people's congresses or their standing Committees of the provinces, autonomous regions and municipalities directly under the Central Government may, in light of the specific conditions and actual needs of their respective administrative areas, formulate local regulations, provided that such regulations do not contradict the Constitution, the laws and the administrative regulations.
The people's congresses or their standing Committees of the comparatively larger cities may, in light of the specific local conditions and actual needs, formulate local regulations, provided that they do not contradict the Constitution, the laws, the Administrative regulations and the local regulations of their
┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/
- 相关阅读
- 二十四节气 The 24 Solar Terms04/23
- On the understanding that:如果,以……为条件04/23
- Pull off:努力实现04/23
- Head off:阻止,拦截04/23
- 走后门怎么说?through the back door04/23
- 反分裂法 anti-secession law04/23
- What are the Leonids?狮子座流星群04/23
- 买一送一 two-for-one offer04/23
- the lions share-最大的份额04/23
- See the light 理解明白04/23
