Jinri Pu Law | How to regulate the use of the rules, models, items, eyes

1. The meaning and reference requirements of the articles in the legal provision

According to the provisions of Article 61 of the Legislative Law, the law is generally composed of editing, chapters, festivals, articles, models, items, and eyes. Editing, chapters, and festivals are classified by the law. When applying the law, you only need to quote the articles, models, items, and eyes. There is no need to point out the editing, chapters, and festivals where the article is located. Therefore, understanding the meaning of legal norms, models, items, and purpose, and correctly use the legal specifications, models, items, and meals, which is greatly beneficial for regulating law enforcement behaviors and improving the quality of law enforcement.

1. The meaning of "strip"

The "tilted" of laws and regulations is the basic unit of laws and regulations. A law is composed of several laws.

Application of legal regulations: There is only one law, which should be applied directly, and should not be called the first paragraph of the article; one law has two or more types, and the model should be applied. The writing of the number should be used in Chinese, such as Article 10 of the Legislative Law. You cannot use Arabic numerals, and cannot be written as "Legislative Law" Article 10.

2. The meaning of "model"

"Model" is an integral part of "bar". The manifestation of "model" is the natural paragraph in the "bar". Each natural paragraph is one. There are no numbers before. There are numbers of numbers.

The application of "model": The model can generally apply independently. The writing of the number of references should generally be used in Chinese without Arabic numerals. For example, Article 54 of the Legislative Law cannot be written as Article 54, paragraph 2 of the Legislative Law.

3. The meaning of "item"

Generally speaking, "Xiang" is an explanation of the previous text in the form. For example, Article 8 of the Legislative Law stipulates that the following matters can only be formulated: (1) the matters of national sovereignty; Third) ... (1), (2), (3) ... (10), etc. in this article are the ten items of the article. This ten is a description of the "following matters" in the previous text. Therefore, the method contained in items generally has the word "following" or corresponding text in the previous paragraph.

The "Xiang" front crown is arranged in the list of numbers. As mentioned above, the number of (1), (two), (3), (4) and other numbers in the previous paragraphs, and these numbers can only appear in the form of Chinese numbers plus brackets.

Application of "item": The item should be quoted when applicable. If it is not quoted, there are no laws of applicable laws.

(1) When quoting a certain item, the serial number of this item does not add brackets, which is expressed as: "No. × Item", and it does not express as: "(×) item".

(2) When quoting a certain item, it is expressed as: "Article × Article × Item" or "Article × paragraph No. × term".

(3) When quoting two items, the expression is: "Article × Article ×, No. × Item".

(4) For more than three items, the continuous item is: "Article × Article × item to × item"; for the discontinued items, list the serial number × item, × item, and × item.

4. The meaning of "eyes"

The "eye" belongs to the item and is the smallest unit in legal norms. For example, Article 54 of the "Administrative Procedural Law" revised in 1989 stipulates that if the specific administrative actions are one of the following circumstances, the verdict is revoked or partially revoked, and the defendant can re -make specific administrative actions:

1. Insufficient evidence;

2. Applicable laws and regulations;

3. Violation of legal procedures;

4. Beyond power;

5. Abuse of power.

These five situations are the five items of this item.

The characteristics and functions of "mesh" are similar to "items". The difference is that the "item" is a list of "strips" or "models", and "eyes" is a list of "items". The front of the "item" is in Chinese numbers plus brackets, while the front of the "eye" is crowned in Arabic numerals, and adds points after Arabic numerals (only when the specific reference method is indicated, only the Arabic numerals are not needed).

The application of "mesh": If the content of a certain law or "model" has "items", and there is also "eyes" under the "item", it should be quoted to the "mesh" when applying the law.

Second, the basic requirements cited by the law

1. References for multiple basis

(1) The integrity of reference

Administrative law enforcement documents shall be based on relevant laws, regulations, and rules in accordance with the law. When quoting, the names and terms of the laws, regulations, and rules should be accurately and complete. If the specific provisions need to be referenced, the entire reference shall be referenced.

(2) Parallel reference order

If multiple normative legal documents are referenced in parallel, the quotation order is as follows: legal and legal interpretation, administrative regulations, local regulations, autonomous regulations, or one -line regulations, and judicial interpretations. At the same time, if two or more laws are cited, the basic law shall be cited first, and then other law shall be cited. If the quotation includes the physical method and the procedure method, the physical method is quoted first, and then the program method is referenced. For example, the "Drug Administration Law", "Administrative Penalty Law", "Interim Provisions on the Administrative Punishment Procedure of Market Supervision and Administration"; and the "Interim Provisions on the Regulations on Administrative Licensing", "Regulations on the Supervision and Administration of Medical Device", "Interim Provisions on the Administrative License of Market Supervision and Management".

2. Revision of the revision provisions

The current "Drug Management Law" has been revised and revised many times. It was passed on September 20, 1984, the first revision on February 28, 2001, the first revision on December 28, 2013, the second revision on April 24, 2015, the second time on August 26, 2019 Amend. The current "Regulations on the Supervision and Administration of Medical Devices" passed on January 4, 2000, the revision passed on February 12, 2014, revised again on May 4, 2017, and passed the revision on December 21, 2020.

The Regulations on the Supervision of Cosmetics Sanitation on September 26, 1989, approved by the State Council on September 26, 1989, released on November 13, 1989, issued by the Ministry of Health No. 3, and according to the "State Council's Decision on Modification of some Administrative Regulations" (China China "(China China State Council of the People's Republic of China No. 709) Amendment. On January 3, 2020, the Executive Meeting of the State Council reviewed and approved the "Regulations on the Supervision and Administration of Cosmetics", which will be implemented from January 1, 2021.

How to quote the version of laws and regulations that have been revised before?

The author believes that the provisions referenced by regulatory law enforcement documents should be expressed according to the specific situation:

(1) If the relevant provisions are implemented in the revised "Cosmetics Sanitation Supervision Regulations", they have not been revised or revised, but the current valid provisions are quoted, which expresses the "Cosmetics Sanitation Regulations".

(2) If the relevant provisions have been revised, the provisions before the amendment are referred to the "Article ×× Article ×× Article".

(3) The relevant provisions have been revised twice or more, quoting the provisions before the revision and the last correction, which is expressed as "the 14th meeting of the Standing Committee of the 12th National People's Congress of the 12th National People's Congress on April 24, 2015" The "Decision of the People's Republic of China Medical Management Law" was amended to the "Pharmaceutical Management Law of the People's Republic of China", which can also be simplified into "The Pharmaceutical Management Law of the People's Republic of China in 2015". "".

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