Source: People's Daily | Reporter: Zhang Cong | Published: May 20, 2026, p. 10
Original link: https://cpc.people.com.cn/n1/2026/0520/c64387-40723490.html
On May 15, 2026, Premier Li Qiang signed State Council Order No. 838, promulgating the revised Regulations on the Procedure for Formulating Administrative Regulations (hereinafter the "Regulations"), to take effect on July 1, 2026. The responsible official of the Ministry of Justice recently answered reporters' questions on the Regulations.
2026年5月15日，国务院总理李强签署第838号国务院令，公布修订后的《行政法规制定程序条例》（以下简称《条例》），自2026年7月1日起施行。日前，司法部负责人就《条例》有关问题回答了记者提问。
Q: What provisions do the Regulations include for improving the overall requirements for the work of formulating administrative regulations?
问：《条例》在完善行政法规制定工作总体要求方面作了哪些规定？
A: This revision improves the overall requirements for the work of formulating administrative regulations in three main respects. First, it makes clear that the formulation of administrative regulations shall uphold the leadership of the Communist Party of China. Second, it improves the working principles, making clear that the formulation of administrative regulations shall completely, accurately, and comprehensively implement the New Development Concept, coordinate development and security, give due attention to the synergy of legislation with reform, development, and stability, give due attention to safeguarding and promoting social fairness and justice, optimize a law-based business environment, serve high-quality development and high-standard opening up, and build a law-based government; legislation shall adhere to scientific, democratic, and law-based principles, and the systematicity, integrity, synergy, and timeliness of legislation shall be enhanced. Third, drawing on the experience of "urgent-need, advance-priority" legislation, it provides that for administrative regulations that are urgently needed for the work of the Party and state, eagerly anticipated by the people, narrow in scope, and not subject to significant disagreement among the relevant parties, work shall respond rapidly, optimize working methods, and accelerate the relevant legislative work.
答： 此次修订《条例》主要从三个方面完善了行政法规制定工作总体要求：一是明确制定行政法规应当坚持中国共产党的领导。二是完善工作原则，明确制定行政法规应当完整准确全面贯彻新发展理念，统筹发展和安全，注重立法与改革、发展、稳定相协同，注重保障和促进社会公平正义，优化法治化营商环境，服务高质量发展和高水平对外开放，建设法治政府；应当坚持科学立法、民主立法、依法立法，增强立法的系统性、整体性、协同性、时效性。三是总结急用先行立法经验，规定对党和国家工作大局急需、人民群众迫切期盼，调整范围单一、有关方面没有较大争议的行政法规，应当快速响应，优化工作方式，加快相关立法工作。
Q: What provisions do the Regulations include for further strengthening the overall coordination of legislation?
问：《条例》在进一步加强立法统筹方面作了哪些规定？
A: To further strengthen the overall coordination of legislation, the revision improves the relevant systems in three main respects. First, it improves the requirements for submitting items for inclusion in the legislative agenda, making clear that the relevant departments of the State Council shall implement the decisions and deployments of the CPC Central Committee and the State Council, and shall submit project applications that are needed in practice and ripe for legislation. Second, it strengthens the coordination of the legislative plan, requiring the State Council's department in charge of rule-of-law work, based on the maturity and urgency of legislative projects and giving prominence to key areas, emerging areas, and foreign-related areas, to draw up the State Council's annual legislative work plan in a coordinated and balanced manner. Third, it strengthens implementation of the legislative plan, requiring drafting departments to rigorously carry out the legislative work plan and implement front-end assessment mechanisms; the State Council's rule-of-law department is to strengthen organizational coordination and supervision and guidance, and to coordinate and advance implementation of the legislative work plan.
答： 为进一步加强立法统筹，此次修订《条例》主要从三个方面完善相关制度：一是完善申请立项要求，明确国务院有关部门应当贯彻落实党中央、国务院决策部署，报送实践所需、立法时机成熟的立项申请。二是强化立法计划统筹，要求国务院法治部门结合立法项目的成熟程度、紧迫程度，突出重点领域、新兴领域、涉外领域，统筹兼顾拟订国务院年度立法工作计划。三是强化立法计划落实，要求起草部门严格执行立法工作计划，落实前置评估机制；国务院法治部门加强组织协调和督促指导，统筹推进立法工作计划落实。
Q: What provisions do the Regulations include for improving the institutional mechanisms for the work of formulating administrative regulations?
问：《条例》在健全行政法规制定工作制度机制方面作了哪些规定？
A: This revision improves the institutional mechanisms for the work of formulating administrative regulations primarily in the following ways. First, it improves the drafting requirements, making clear that drafting administrative regulations shall adhere to a problem orientation and follow the laws of economic and social development, and shall uphold and develop whole-process people's democracy, expanding orderly channels for the people to participate in legislation and broadly soliciting views from relevant agencies, organizations, citizens, as well as enterprises, industry associations, and chambers of commerce. Second, it strengthens evaluation and feasibility study, making clear that drafting administrative regulations shall include strengthened assessment of legislative timing and the expected effects of implementation, shall remain consistent with macro-policy orientations, and shall pay attention to reducing burdens at the grassroots; when drafting departments submit a draft for review, they shall explain risk assessment and prevention and response measures. Third, it strengthens review of government legislation, providing that the State Council's rule-of-law department shall improve the government legislation review system and raise review quality and efficiency; and that where draft regulations submitted for review are deemed to involve constitutional issues, opinions shall be sought from the relevant working bodies of the Standing Committee of the National People's Congress.
答： 此次修订《条例》主要从以下方面健全行政法规制定工作制度机制：一是完善起草要求，明确起草行政法规应当坚持问题导向，遵循经济社会发展规律；要求坚持和发展全过程人民民主，拓展人民群众有序参与立法途径，广泛听取有关机关、组织、公民以及企业、行业协会商会意见。二是加强评估论证，明确起草行政法规应当加强立法时机、立法预期实施效果等的评估，并与宏观政策取向保持一致，注重为基层减负；起草部门报送送审稿时，应当说明风险评估及防范应对措施。三是加强政府立法审查，规定国务院法治部门完善政府立法审查制度，提高审查质效；认为送审稿中涉及合宪性问题的，应当征求全国人民代表大会常务委员会有关工作机构意见。
Q: What improvements do the Regulations include to adapt to the needs of reform?
问：《条例》在适应改革需要方面作了哪些完善？
A: This revision gives due attention to legislation that adapts to the needs of reform. First, it clarifies working requirements, providing that the formulation of administrative regulations shall guide, drive, regulate, and safeguard relevant reforms. Second, it improves the system for temporarily adjusting or temporarily suspending the application of administrative regulations, making clear that where parts of an administrative regulation are to be temporarily adjusted or have their application temporarily suspended because of the needs of reform and development, timely assessment and feasibility study shall be conducted, and the relevant provisions shall be amended or restored to effect depending on circumstances. Third, it improves the procedures for cleanup work, making clear that the State Council's rule-of-law department, in accordance with the needs of comprehensive deepening of reform and economic and social development as well as the provisions of higher-level laws, shall organize cleanup work on administrative regulations with the approval of the State Council; relevant departments of the State Council may propose recommendations for the cleanup of administrative regulations based on work needs.