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    The Complete Text Of The Motion

    2008/10/14 14:04:00 41825

    I. the meaning, characteristics and types of motions

     

    (1) the meaning of the bill

     

    The motion is administrative document.

    The way of handling official documents in the state administrative organs gives the following definitions to the functions of the bill:


    It is applicable to the people's governments at all levels to submit their deliberations to the Standing Committee of the people's Congress at the same level or by the Standing Committee of the people's Congress according to legal procedures.


    This definition is relatively narrow, and the main body of production is limited to all levels of government.

    In the actual operation of official documents, the scope of the motion is greater than the above restrictions.

    The ninth provision of the organic law of the People's Republic of China National People's Congress stipulates: "the presidium of the National People's Congress, the Standing Committee of the National People's Congress, the special committees of the National People's Congress, the State Council, the Central Military Commission, the Supreme People's court and the Supreme People's Procuratorate may submit motions to the National People's Congress within the terms of reference of the National People's Congress.

    A delegation or 30 or more representatives may propose motions to the National People's Congress within the terms of reference of the National People's Congress.

    The fourteenth law of the local organization law provides that "when the local people's congresses at various levels hold meetings, they may propose motions, such as the presidium, the Standing Committee, the people's government at the corresponding level and representatives (with more than three people seconded)."

    These are obviously beyond the terms of reference of the general office of the State Council and can not be expressed in the "measures".

    Therefore, the definition of the bill in the "measures" is limited to the motion put forward by governments at all levels to the same level people's Congress and its Standing Committee.


    The motion proposed by the government to the people's Congress, the motion put forward by the non-governmental organs to the people's Congress and the motion proposed jointly by the NPC deputies to the people's Congress are three different types of the motion.

    Here, we focus on the motion proposed by the government to the people's Congress.

    Other bills are not much different from the government's bill.


    (two) characteristics of the bill

     

    1. statutory nature of production subjects


    According to the provisions of the general office of the State Council, only governments at all levels can submit motions to the people's congresses at the same level.

    Even referring to the provisions of the National People's Congress's Organic Law and the local organization law, a broad understanding of the bill is made. It is still a small number of statutory bodies that have the right to propose motions.

    Therefore, this style of motion is seldom used at the grass-roots level.


    2. specificity of content


    The Constitution and the organic law of the people's Congress stipulate that the contents of the motion must be within the terms of reference of the people's Congress and its Standing Committee.

    The motion beyond the terms of reference of the NPC will not be accepted by the general assembly.


    3. timeliness

     

    Motions must be put forward at meetings of people's congresses or standing committees at all levels, or they will not be listed as motions.


     

    4. necessity and feasibility

     

    Matters suitable for submission to the National People's Congress are bound to be important matters, and the proposals, measures and measures put forward in the motion must be practical and feasible.

    Therefore, pertinence, necessity, pragmatism and feasibility are all the qualities that a bill must possess.

    Seeking truth from facts, being down-to-earth and in line with the wishes and demands of the masses are the basic principles for writing proposals.


    Two. Classification of motions

     

    (1) legislative bill

     

    Legislative motions are mainly used in two situations: first, when a government institution has made a law or regulation, it is submitted to the National People's Congress for deliberation and approval; two, it is suggested to request an administrative organ to make a regulation.

    The former is like the motion of the State Council on the deliberation of the copyright law of the People's Republic of China (Draft), which is like the motion on the implementation of the regulations on popularizing the nine year compulsory education in our province as early as possible.


    (two) decision making motions on major matters

     

    Decisions on major issues such as budgetary accounts, urban and rural development plans, major projects and political, economic, cultural, educational, scientific and technological, health and other fields need to be submitted to the people's Congress for deliberation and approval of the motion, a decisive motion on major matters.

    For example, the motion of the State Council on drawing up the Three Gorges Project of the Yangtze River and the motion of the Shenyang Municipal People's Government on organizing and mobilizing the comprehensive treatment of the whole city and developing Shenyang city section of Hun River.


    (three) appointment and removal of motions

     

    It is the appointment and removal of a motion that an administrative organ brings to a power organ to appoint, remove or withdraw the duties of an administrative organ, and request the people's Congress to consider and approve the motion.

    Such as the motion of the State Council Concerning the appointment and removal of Comrade posts.


     

    (four) proposed motion

     

    In the capacity of the executive branch, it will make recommendations to the power department or use the bill.

    This motion is somewhat like a proposal report for consideration and adoption by the people's Congress.


    Three. The way to write motions.

     

    (1) title and main sending organ

     

     

    1. title of the bill


    The title of the motion adopts the headline mode of conventional document. There are two ways to write the title of the bill, one is the issuing organ + the case and the other kind of literature, the two is to omit the issuing organ, the case and the literature.

    The former is like the motion of the XXX Municipal People's government for the consideration of the "town and township enterprises Ordinance", and the latter is like the motion on the reform of the State Council's institutional framework for consideration and revision.

    Generally, the title of a bill can not be written by the issuing organ, or by the way of writing.


    2. the main sending organ of the bill


    The main sending organ of a bill can only be a people's Congress at the same level and its Standing Committee, and there shall be no other parallel organs.

    A full name or standardized abbreviation is not allowed to be simplified at will.


    (two) the text of the motion


    1. case

     

    The first part of the bill is called the case. As the name suggests, this part should provide the basis for the motion.

    Because of different contents, the length of this part will vary greatly in different bills.

    The following is the case of "Shenyang people's Government on organizing and mobilizing the whole city people's comprehensive management and development of the Shenyang city section of the Hun River." the Hun River is the second largest river in Liaoning Province, 50 kilometers through the Shenyang plan.

    For a long time, due to various reasons, the river channel in Shenyang city section of Hun River has been excavated in disorder, and the river barriers are numerous and varied. It not only directly affects the urban safety and flood prevention, but also seriously pollute the urban environment.

    In order to conscientiously implement the major policy decisions of the state regarding the comprehensive control of the Hun River, improve the flood control capacity of the city, alleviate the contradiction between the lack of surface and groundwater, promote the ecological balance, improve the urban functions, adapt to the needs of the reform and opening up and the development of the market economy, and build Shenyang with high technology, large production, large circulation, modernization and internationalization, according to the experience of the field and the full preparations in recent years, the conditions for organizing and mobilizing the whole people to carry out comprehensive treatment and development and construction of the Hun River are ripe.

    For this reason, the municipal government submitted a motion to the third Standing Committee of the eleven National People's Congress, and requested the general assembly to consider and make corresponding resolutions.


    This case is very close to the regular basis, purpose and meaning of the official document.

    Sometimes the case is very complicated and there are many words.

    For example, the State Council's proposal for the consideration of the construction of the Three Gorges Project on the Yangtze River will be partly over half of the total. It is necessary to elaborate on the reasons for such a time-consuming and costly project.

    Sometimes the case can be written very briefly. For example, the motion of the State Council on the deliberation of the copyright law of the People's Republic of China (Draft) is a more common way of writing, but there are only three or four lines and hundreds of words.


    2. plan

     

    The part of the plan is to put forward some ways and means to solve the matters or questions for consideration.

    If it is to draw up the laws and regulations that have been enacted, the solution to the problem is in the laws and regulations. This part only needs to specify the names of the laws and regulations that are submitted for consideration, but the text of the laws or regulations should be attached as an appendix.

    If it is a motion for appointment and removal, it is necessary to specify the name and the duties to be assumed by the person appointed or removed.

    If it is for the purpose of deliberating on major decision-making matters, the contents of the decision should be listed one by one for the general assembly to review.

    If it is suggested that administrative measures should be taken to solve certain problems, the plan for implementing this administrative means should be listed in detail for consideration.

    We should not only point out problems but not solve them.


    3. conclusion


    The conclusion is the end of the motion, which is mainly used to make a request for deliberation.

    Generally speaking, it is concise and comprehensive.

    If the draft industry is approved by the municipal government, it will be submitted for deliberation.


    (three) signature and date

     

    In general, administrative documents are signed in the name of the issuing organ, and the motion is different. It should be signed by the head of the government.

    The motion submitted to the NPC by the State Council shall be signed by the premier; the motions submitted by the provinces, municipalities and autonomous regions to the people's congresses at the same level shall be signed by the governor, the mayor or the chairman of the autonomous region.


    The date format is the same as the general administrative document.

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