Procedures for Formulating Rules and Regulations of the Civil Aviation Administration of China (1995)

Chapter 1 General Principles 1. Ideas about the modification work

This modification is mainly based on the following considerations:

1. Carrying forward the past and linking up the future. The revision is still based on the content of the original provisions, retaining its applicable parts as much as possible, and only makes moderate adjustments to the structure to facilitate the smooth connection of work.

2． Summarize experience. Fully summarizing and absorbing the successful experience in the legislative work of the General Administration, especially the business departments and bureaus in the past few years, revised the unstandardized provisions in the original regulations, and organically combined the substantive provisions and procedural provisions to make the legislative process more perfect. , more operable.

3. Improve efficiency. Starting from strengthening the drafting of regulations and improving the quality of draft regulations, we will simplify work procedures, speed up review, strive to issue more regulations in a shorter period of time, establish a civil aviation legal system as soon as possible, and provide legal protection for the development of civil aviation. 2. Main modifications and additions

1. About the prescribed name.

The original provisions included the drafting procedures for laws and administrative regulations. Considering that the state has already stipulated the drafting procedures for laws and administrative regulations, it is not within the scope of our regulations, and our legislative practice is mainly the formulation of civil aviation regulations. Therefore, this revision no longer stipulates the drafting of laws and administrative regulations as the main content. At the same time, taking into account the coherence of laws and the integrity of these regulations, some relevant content has been retained and placed in the supplementary provisions, and structurally made accordingly. Accordingly, the name was changed from "Regulations on Procedures for Drafting and Formulation of Regulations of the Civil Aviation Administration of China" to "Regulations on Procedures for Drafting and Formulation of Regulations of the Civil Aviation Administration of China".

2． Regarding the responsibilities of legal clerks.

In order to further strengthen the legal work of civil aviation, the Civil Aviation Administration of China issued the "Notice on the Establishment of the Legal Affairs Officer System" on March 21, 1995, and all departments and bureaus of the General Administration have accordingly established legal affairs officers. In order to give full play to the role of legislative staff in legislation, the "Regulations" clearly stipulate that "each functional department of the Civil Aviation Administration of China shall establish a legal staff to be responsible for formulating relevant draft regulations of the department and handling relevant legal affairs." (Article 5) "After the draft regulations are approved by the leaders of the relevant functional departments of the Civil Aviation Administration of China and signed by the legal staff, they will be sent to the regulations and policy management department for review." (Article 18, paragraph 1). These provisions will help ensure the quality of draft regulations submitted for review and speed up the progress of legislation.

3. Establish a regulatory policy review committee.

In accordance with the provisions of the "Civil Aviation Law", establish and improve the civil aviation legal system so that all civil aviation work can be legally based and on the track of legalization. Time is tight and the tasks are heavy. According to the original regulations The procedure in which the review department directly submits draft regulations to the director's office meeting for discussion or the director's approval can no longer meet the requirements of legislative work under the new situation. The director's office meeting is held regularly and has a lot of agenda. It is impossible to take up more time to discuss regulations, and it is even more difficult for the director to have sufficient time to conduct reviews. Based on this situation, the establishment of the Regulations and Policies Review Committee of the Civil Aviation Administration of China was stipulated, and its composition and work responsibilities were clarified (Articles 21 and 22). This is an organization with certain authority and representativeness. The establishment and effective work of this committee can not only appropriately simplify the procedures for the director's office meeting and the director's review of regulations, and speed up legislation. At the same time, because the committee is composed of leaders from all major business departments of the General Administration, it is conducive to mutual coordination and cooperation to ensure the quality of legislation. , improve work efficiency.

4． Regarding the clean-up and codification of civil aviation regulations.

The clearing and codification of regulations is an important part of legislative work. Although the original regulations and supplementary provisions have provisions, they are very imperfect. This revision lists the relevant content as one chapter, and makes more detailed provisions on sorting and compilation in accordance with the relevant regulations of the State Council. This will play a positive role in strengthening the work of sorting out and codifying regulations, gradually forming a complete civil aviation legal system, and better publicizing and implementing civil aviation regulations. Article 3 The names of civil aviation regulations are “provisions”, “rules”, “procedures”, “methods” and “details”.

Comprehensive and systematic provisions for a certain aspect of civil aviation work are called "regulations", "rules" or "procedures"; partial provisions for a certain aspect of work are called "methods"; The more specific provisions for a certain work are called "details". Article 4 The following principles shall be followed when formulating civil aviation regulations:

(1) Comply with the Constitution, laws, administrative regulations of the State Council, and the guidelines and policies of the Party and the country;

(2) Have Conducive to the sustained, rapid and healthy development of civil aviation;

(3) In line with my country’s national conditions and the actual situation of civil aviation;

(4) Implement democratic centralism and extensively solicit opinions from all parties ;

(5) Try to adopt international standards and common international practices. Article 5 The regulations and policies management department of the Civil Aviation Administration of China (hereinafter referred to as the “regulations and policies management department”) is specifically responsible for the formulation of civil aviation regulations.

Each functional department of the Civil Aviation Administration of China should set up legal personnel to be responsible for organizing the formulation of relevant draft regulations of the department and handling relevant legal affairs. Chapter 2 Legislative Planning and Plans Article 6 The Civil Aviation Administration of China shall prepare five-year plans and annual plans for civil aviation legislation.

Legislative plans and plans, each functional department of the Civil Aviation Administration of China will put forward legislative suggestions on the business of the department. The regulations and policy management department will conduct comprehensive research, comprehensive coordination, draft plans and plans, and submit them to the leadership of the Civil Aviation Administration for approval. .