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Whether the regulations made by the county government belong to local regulations or government regulations

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Whether the regulations made by the county government belong to local regulations or government regulations


        

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  • 2024-06-14 16:01:41

    The regulations made by the county government are government regulations.
    In accordance with the provisions of Article 72 of the Legislative Law of the People's Republic of China, the people's congresses and their standing committees of provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with the specific circumstances and actual needs of their respective administrative regions, formulate local regulations on the premise that they do not contravene the Constitution, laws, and administrative regulations. Article 82 stipulates that the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures may formulate rules in accordance with laws, administrative regulations, and local regulations of their own provinces, autonomous regions, and municipalities directly under the Central Government.
    Local government rules may provide for the following matters: (1) matters that need to be formulated in order to implement the provisions of laws, administrative regulations and local regulations; (2) Specific administrative matters belonging to the administrative region. The people's governments of cities divided into districts and autonomous prefectures shall, in accordance with the first and second paragraphs of this article, formulate local government rules, which shall be limited to urban and rural construction and management, environmental protection, historical and cultural protection and other matters. The local government regulations that have been formulated shall continue to be effective if they are beyond the scope of the above matters. Except for the cities where the people's governments of provinces and autonomous regions are located, the cities where the special economic zones are located, and the larger cities that have been approved by the State Council, the time when the people's governments of other cities divided into districts and autonomous prefectures begin to formulate rules is synchronized with the time when the standing committees of the people's congresses of the provinces and autonomous regions determine that the cities and autonomous prefectures begin to formulate local regulations. Where local regulations should be formulated but the conditions are not yet ripe, local government regulations may be formulated first because of the urgent need of administrative management. If it is necessary to continue to implement the administrative measures provided for in the rules after two years of implementation of the rules, the people's congress at the corresponding level or its standing committee shall be submitted to formulate local regulations. Without the basis of laws, administrative regulations and local regulations, local government rules may not establish norms that impair the rights or increase the obligations of citizens, legal persons and other organizations.
    So, has your question been answered!

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    2024-06-14 16:01:41

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