国务院办公厅关于行政法规解释权限和程序问题的通知
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(Promulgated1 by the Document No. [1999]43 of the General Office of the State Council on May 10, 1999)
颁布日期:19990510  实施日期:19990510  颁布单位:国务院办公厅

  In recent years, after the promulgation2 of administrative3 regulations (including implementation4 rules and implementation regulations of laws) and statutory documents of the State Council or the General Office of the State Council concerning the fulfillment and implementation of laws and administrative regulations, some department or localities have brought forward some problems for interpretation5. In order to guarantee the proper implementation of laws and administrative regulations, further improve the work in relation to the interpretation of administrative regulations and statutory documents of the State Council or the General Office of the State Council concerning the fulfillment and implementation of laws and administrative regulations, circulars concerning some issues are now hereby issued as follows:

  1.If there is a need to further clarify the definition of or to make supplementary6 provisions to the text of administrative regulations, the issue should be interpreted by the State Council. For this legislative7 interpretation, the Legislative Affairs Office of the State Council should bring forward its opinions in accordance with the review procedures for draft administrative regulations, and then report to the State Council for approval. According to different circumstances, the interpretation, upon approval by the State Council, should be promulgated by the State Council or by the competent administrative department authorized8 by the State Council.

  2.When the issue evolves from the specific application of administrative regulations during administration work, if the competent administrative department can make interpretation within its limits of powers, it should be responsible for making the interpretation. If the competent administrative department has difficulties in interpreting or other relevant departments have different opinions on the interpretation made by it and request the State Council to interpret, the Legislative Affair Office of the State Council should undertake the task to make an interpretation; for those in which crucial problems are involved, the Legislative Affair Office of the State Council shall bring forward its opinions and report to the State Council for approval, and then, upon approval of the State Council, make an interpretation which should be given as a reply to the competent administrative department and sent in duplicate to other relevant departments.

  The interpretation of statutory documents of the State Council or the General Office of the State Council concerning the fulfillment and implementation of laws and administrative regulations should be undertaken and made by the Legislative Affairs Office of the State Council; for those in which crucial problems are involved, the Legislative Affair Office of the State Council shall bring forward its opinions and report to the State Council for approval, and then, upon approval of the State Council, make an interpretation. The interpretation of other documents of the State Council or the General Office of the State Council should be undertaken by the General Office of the State Council in accordance with the existing practices.



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1 promulgated a4e9ce715ee72e022795b8072a6e618f     
v.宣扬(某事物)( promulgate的过去式和过去分词 );传播;公布;颁布(法令、新法律等)
参考例句:
  • Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达30余项。 来自汉英非文学 - 白皮书
  • The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。 来自辞典例句
2 promulgation d84236859225737e91fa286907f9879f     
n.颁布
参考例句:
  • The new law comes into force from the day of its promulgation. 新法律自公布之日起生效。 来自《简明英汉词典》
  • Article 118 These Regulations shall come into effect from the day of their promulgation. 第一百一十八条本条例自公布之日起实施。 来自经济法规部分
3 administrative fzDzkc     
adj.行政的,管理的
参考例句:
  • The administrative burden must be lifted from local government.必须解除地方政府的行政负担。
  • He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。
4 implementation 2awxV     
n.实施,贯彻
参考例句:
  • Implementation of the program is now well underway.这一项目的实施现在行情看好。
5 interpretation P5jxQ     
n.解释,说明,描述;艺术处理
参考例句:
  • His statement admits of one interpretation only.他的话只有一种解释。
  • Analysis and interpretation is a very personal thing.分析与说明是个很主观的事情。
6 supplementary 0r6ws     
adj.补充的,附加的
参考例句:
  • There is a supplementary water supply in case the rain supply fails.万一主水源断了,我们另外有供水的地方。
  • A supplementary volume has been published containing the index.附有索引的增补卷已经出版。
7 legislative K9hzG     
n.立法机构,立法权;adj.立法的,有立法权的
参考例句:
  • Congress is the legislative branch of the U.S. government.国会是美国政府的立法部门。
  • Today's hearing was just the first step in the legislative process.今天的听证会只是展开立法程序的第一步。
8 authorized jyLzgx     
a.委任的,许可的
参考例句:
  • An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。
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