Chapter I General Provisions Article 1 In order to standardize the hearing activities of major administrative decisions of the administrative organs of this province, promote the scientific, democratic and legal decision-making, and safeguard the legitimate rights and interests of citizens, legal persons and other organizations, these Provisions are formulated in accordance with the relevant provisions of the Decision of the State Council on Strengthening the Rule of Law in Cities and Counties and the Opinions of the State Council on Strengthening the Construction of a Government under the Rule of Law, combined with the actual situation of this province.
Article 2 These Provisions shall apply to people's governments at all levels within the administrative region of this province and departments of people's governments at or above the county level (hereinafter referred to as administrative organs) to carry out major administrative decision-making hearing activities.
Where laws, regulations and rules provide otherwise, such provisions shall prevail.
Article 3 The legal institutions of people's governments at all levels shall be responsible for the guidance, coordination, supervision and system construction of major administrative decision-making hearings.
Supervisory organs at all levels shall supervise the hearing of major administrative decisions according to law.
Article 4 The following circumstances are major administrative decisions, and a hearing shall be organized:
(a) the administrative decision-making matters that should be heard by laws, regulations and rules;
(two) the preparation of important planning and other administrative decision-making matters involving major public interests;
(three) education, medical care and other administrative decision-making matters involving a wide range of society and closely related to the interests of the people;
(four) administrative decision-making matters that the administrative organ considers necessary for hearing.
Article 5 For major administrative decision-making matters that should be heard as stipulated in Article 4 of these Provisions, the administrative organ shall make a hearing list and announce it to the public.
The administrative organ shall, in accordance with the provisions of laws, regulations and rules and the situation of economic and social development, timely revise and improve the catalogue of hearings.
Article 6 The hearing of major administrative decisions shall follow the principles of openness, fairness and impartiality, fully listen to the opinions of citizens, legal persons and other organizations, and guarantee their rights of statement and cross-examination.
Chapter II Hearing Organization Article 7 A hearing organization is an administrative organ that makes major administrative decisions.
If the major administrative decision-making organ is the people's government at or above the county level, the organ that proposed the administrative decision-making or other organs designated by the government may serve as the hearing organization organ.
Article 8 Where two or more administrative organs make major administrative decisions at the same time, the relevant administrative organs shall jointly organize a hearing, or one of them shall be designated by the administrative organ at the next higher level to organize a hearing.
Ninth administrative organs may entrust relevant institutions of higher learning, scientific research institutions, social organizations and other organizations with public affairs management functions to organize hearings.
Chapter III Hearing Participants Article 10 Hearing participants include the presiding hearer, the presiding hearer and the hearing participants.
Article 11 The presiding hearer shall be appointed by the hearing organization. In any of the following circumstances, he shall not be the presiding hearer:
(a) the person in charge who participated in the formulation of the administrative decision-making plan;
(2) Having an interest in the hearing;
(three) other may affect the fairness of the hearing.
Article 12 The presiding hearer shall perform the following duties:
(1) Presiding over the hearing;
(two) to maintain the order of the hearing, and to give a warning or take necessary measures to stop the acts that violate the hearing discipline;
(three) to decide on the suspension and resumption of the hearing;
(four) other duties as prescribed by laws, regulations and rules.
Thirteenth hearing statements shall be served by the staff of the administrative decision-making organs.
The speaker of the hearing shall truthfully state the contents, basis, reasons and relevant background of the hearing, and answer the questions of the participants in the hearing.
Fourteenth participants in the hearing are produced from citizens, legal persons and other organizations who voluntarily sign up for the hearing.
Participants in the hearing can collect public opinions, obtain materials related to the hearing matters, ask questions about the hearing matters, express their opinions and get timely responses.
Participants in the hearing shall attend the hearing on time, observe the hearing discipline, and objectively and fairly reflect the opinions and suggestions related to the hearing matters.
If the participants in the hearing put forward suggestions on the draft decision in writing, they shall explain the basis and reasons.
Chapter IV Organization of Hearings Article 15 Hearings are generally held in the form of on-site meetings, and can also be held through videos, networks and other forms.
Sixteenth hearing organizations shall, 30 days before the hearing is held, publish a hearing announcement on the portal website of the people's government at the corresponding level or the portal website of this organ. The announcement of the hearing shall include the purpose, content, basis, time and place of the hearing and the way in which the participants in the hearing are produced.
The hearing organization shall widely publicize the hearing matters through press conferences, newspapers, radio, television or the Internet, and encourage the public to actively participate.
Seventeenth hearing organizations shall, according to the nature, complexity and scope of the hearing, and in accordance with the principles of universality and representativeness, reasonably determine the scope, quota, proportion and duration of the hearing, and list them in the hearing announcement.
Eighteenth citizens, legal persons and other organizations may voluntarily sign up for the hearing according to the announcement of the hearing.
When citizens, legal persons and other organizations sign up for the hearing, they shall state their basic opinions on the hearing matters, which shall be recorded by the hearing organization organ.
Nineteenth the number of participants in the hearing shall be determined by the hearing organization according to the provisions of article seventeenth, but it shall not be less than eight.
If the number of applicants with similar opinions exceeds the proportion of scheduled hearing participants, the applicant may recommend hearing participants through consultation; If it is really difficult to recommend through consultation, it shall be produced by drawing lots.
If the number of people who apply for the hearing or actually participate in the hearing is less than the number specified in the first paragraph, the hearing shall be postponed.
Twentieth the list of participants in the hearing shall be determined 20 days before the hearing is held, and published through the portal website of the people's government at the corresponding level or the portal website of this organ.
The list of participants in the hearing shall include the identities of the presiding hearer, the speaker and the participants in the hearing.
Article 21 The notice of hearing and the contents, basis, reasons and relevant background materials of the hearing shall be delivered to the participants of the hearing before the hearing is held 10.
The materials provided by the hearing organization shall be detailed, accurate and easy to understand. If the participants in the hearing put forward different opinions on the materials, the hearing organization organ shall supplement or explain the materials well.
Chapter V Holding of Hearings Article 22 Hearings shall be held in public, and citizens, legal persons and other organizations shall be allowed to attend. Except those involving state secrets, commercial secrets and personal privacy, news media shall not be refused to cover and report.
Twenty-third hearing shall be held in accordance with the following procedures:
(a) the staff to verify whether the hearing host and the hearing participants are present.
(two) the hearing host announced the beginning of the hearing, announced the hearing discipline, the reasons for the hearing and the list of the hearing host, the hearing presenters and the hearing participants.
(3) The hearing speaker states the contents, basis, reasons and relevant background of the hearing; The participants in the hearing state the contents, basis and reasons of the proposed draft decision.
(four) the participants in the hearing expressed their opinions and suggestions on the hearing.
(5) The hearing speaker shall respond to the questions, opinions and suggestions of the participants in the hearing.
(6) The speaker of the hearing and the participants in the hearing debate the main facts and viewpoints of the hearing.
(seven) the participants in the hearing make a final statement.
(8) The presiding hearer announces the end of the hearing.
Twenty-fourth participants in the hearing have objections to the hearing procedures and the exercise of rights, and they can raise them with the host on the spot. If the presiding hearer believes that there is any violation of these provisions, it shall be corrected in time.
Twenty-fifth hearing records shall be made, and the hearing organization organ shall truthfully record the main viewpoints and reasons of all parties.
The transcripts of the hearing shall be signed and filed by the presiding hearer, the hearing officer and the participants.
Participants in the hearing believe that there are errors and omissions in the transcripts of the hearing, and they have the right to request corrections. If the participants in the hearing refuse to sign, the hearing organization organ shall indicate it in the hearing record.
Twenty-sixth hearing organizations shall, within 10 days after the hearing, make a hearing report according to the hearing record. The hearing report shall be independent, impartial and objective, including the following contents:
(a) the basic situation of organizing the hearing;
(two) the way of hearing participants and their basic situation;
(three) the main opinions or suggestions of the parties to the hearing and their basis and reasons;
(four) the main issues of the parties to the hearing;
(five) analysis and suggestions on the opinions of the parties to the hearing;
(six) other circumstances that need to be explained.
The hearing report shall be accompanied by the transcripts of the hearing and other relevant materials.
Chapter VI Hearing Results and Application Article 27 The administrative organ shall take the hearing report as an important reference for administrative decision-making.
Twenty-eighth administrative organs shall absorb and adopt reasonable opinions and suggestions put forward in the hearing. For major administrative decision-making matters opposed by most participants in the hearing, the administrative organ shall further demonstrate before making a decision.
On the adoption of opinions and suggestions and the reasons for not adopting them, the hearing organization organ shall give feedback to the participants in the hearing in written form and announce it to the public in an appropriate way.
Twenty-ninth major administrative decision-making matters that should be heard without hearing according to law, the administrative organ shall not make administrative decisions.
Thirtieth government legal institutions should take whether to organize a hearing according to law as the content of the legality review of major administrative decisions. For major administrative decision-making matters that should be heard without hearing according to law, the legality review will not be passed.
Chapter VII Legal Liability Article 31 The people's governments at or above the county level shall regard the hearing of major administrative decisions of administrative organs as an important part of the assessment of administration according to law.
Thirty-second administrative organs in violation of these provisions, under any of the following circumstances, by the supervisory organ or its superior administrative organ in accordance with the relevant provisions, shall be investigated for administrative fault liability, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law:
(a) failing to make a list of hearings in accordance with the provisions;
(two) according to the law should be heard without hearing;
(3) failing to organize a hearing in accordance with the prescribed procedures;
(four) in the process of hearing fraud or take other improper means to affect the hearing results;
(five) other circumstances in violation of these provisions.
Chapter VIII Supplementary Provisions Article 33 These Provisions shall apply to organizations authorized by laws and regulations to carry out major administrative decision-making hearing activities.
Article 34 These Provisions shall come into force on June 1 day, 2065.