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Effectiveness of administrative regulations and local regulations

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Effectiveness of administrative regulations and local regulations


        

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  • 2024-06-17 14:00:47

    Administrative regulations are more effective than local regulations and rules.

    As for the conflict between administrative regulations and local regulations, the effect of administrative regulations is higher than that of local regulations and rules, and the provisions of administrative regulations shall prevail; Local regulations shall not contravene administrative regulations. Administrative regulations are the State Council's responsibility for leading and managing the country's administrative work.

    The documents formulated by the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, and cities divided into districts, and their standing committees in accordance with the specific conditions and actual needs of their respective administrative regions, provided that they do not contravene the Constitution, laws, and administrative rules and regulations, and promulgated for implementation by the presidium or the standing committee of the congress through public announcement.

    Legal basis

    Article 100 of the Constitution of the People's Republic of China, the people's congresses of provinces and municipalities directly under the Central Government and their standing committees may formulate local regulations, provided that they do not contravene the Constitution, laws and administrative regulations, and report them to the Standing Committee of the National People's Congress for the record. The people's congresses and their standing committees of cities divided into districts may, on the premise that they do not contravene the Constitution, laws, administrative regulations and the local regulations of their respective provinces and autonomous regions, formulate local regulations in accordance with the provisions of the law and submit them to the standing committees of the people's congresses of their respective provinces and autonomous regions for approval before implementation.

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