The way the motion is written

The way the motion is written

First, the meaning, characteristics and types of the motion

The meaning of the motion

The motion is an administrative document. The Measures for the Handling of Official Documents of State Administrative Organs give the following definitions of the functions of the motion:

Applicable to the people's governments at all levels to submit matters for deliberation to the people's congresses at the same level or the standing committee of the people's congress in accordance with legal procedures.

This definition is relatively narrow, and the production subject is limited to all levels of government. In the actual operation of the official document, the scope of use of the motion is greater than the above limitation. Article 9 of the Organic Law of the National People's Congress of the People's Republic of China states: "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 The National People's Congress proposes a motion within the scope of the powers of the National People's Congress. A delegation or more than 30 representatives may propose to the National People's Congress a bill within the scope of the National People's Congress." Local Organization Law Article 14 stipulates: "When local people's congresses meet at various levels, the presidium, the standing committee, the people's government at the same level, and representatives may submit proposals." These obviously exceed the scope of the General Office of the State Council. It is impossible to give expression. Therefore, the definition of the motion in the "Measures" is limited to the motions proposed by the governments at all levels to the people's congresses at the same level and their standing committees.

The motion proposed by the government to the National People's Congress, the motion proposed by the non-government organs to the National People's Congress, and the motion jointly proposed by the NPC deputies to the National People's Congress are three different types of motions. Here, we focus on the motion proposed by the government to the National People's Congress. Other motions are not much different from the government bills.

Characteristics of the motion

1. Legality of the subject

According to the regulations of the General Office of the State Council, only governments at all levels can submit proposals to the people's congress at the same level. Even with reference to the provisions of the National People's Congress Organization Law and the Local Organization Law, the general understanding of the motion, the right to propose a motion is still a small number of statutory bodies, party organizations, social organizations, government departments, enterprises and institutions, etc., have no right. Propose the motion. Therefore, the style of motion is rarely used at the grassroots level.

2. Content specificity

The Constitution and the Organic Law of the People's Congress stipulate that the content of the motion must be within the scope of the powers of the People's Congress and its Standing Committee. A bill that goes beyond the terms of reference of the NPC will not be accepted by the General Assembly.

3. Timeliness

The motion must be proposed during the meeting of the people's congresses at all levels or its standing committee, otherwise it will not be listed as a motion.

4. Necessity and feasibility

Matters suitable for consideration by the General Assembly are inevitably important matters, and the plans, measures and measures proposed in the proposal must also be practicable before they can be passed. Therefore, the specificity, necessity, pragmatism and feasibility are all qualities that must be possessed by the motion. Seeking truth from facts, down-to-earth, and meeting the wishes and demands of the people, these are the basic principles for writing a motion.

Second, the classification of the motion

Legislative bill

The legislative bill is mainly used in two cases: one is when the government agency has enacted a certain law or regulation and then submitted to the National People's Congress for deliberation and approval; the second is to suggest and request an administrative agency to formulate a certain regulation. The former is the "Proposal of the State Council on the Review of the Copyright Law of the People's Republic of China", and the latter is the "Proposal on Formulating the Implementation Regulations for the Popularization of the Nine-Year Compulsory Education in the Province as Early as Possible".

Decision-making motion on major issues

Decisions on major issues in the areas of fiscal budget finalization, urban and rural development planning, major projects, and political, economic, cultural, educational, scientific, and health fields need to be submitted to the People’s Congress for consideration and approval. Decision-making motion. For example, the “Proposal of the State Council on Submitting Considerations for the Construction of the Three Gorges Project of the Yangtze River” and the “Proposal of the Shenyang Municipal People’s Government on Organizing the Mobilization of the People’s Comprehensive Management of the City to Develop and Construct the Shenyang City Section of the Weihe River”.

Responsibility motion

The proposal by the administrative organ to the authority to appoint, waive or revoke the duties of the staff of the administrative organ and request the people's congress to deliberate and approve is the act of appointment and dismissal. Such as the "Proposal of the State Council on the appointment and removal of XX equivalents."

Proposed motion

It is also possible to use the motion by making recommendations to the authorities in the capacity of the executive branch. This kind of motion is somewhat like a proposal report for consideration and adoption by the people's congress.

Third, the way the motion is written

Title and main delivery agency

1. Title of the motion

The title of the motion adopts the conventional document title mode. There are two ways to write it. One is to issue the document + the case + the language, the other is to omit the issuing authority, and the case is + text. The former is such as the “Proposal of the People’s Government of XX City to Submit the Regulations on the Township Enterprises of XX City”; the latter is the “Proposal on the Review of the Reform of the State Council’s Institutional Reform Plan”. The title of the motion generally cannot be written by the issuing authority plus the language or only the language.

2. The main organ of the motion

The main organ of the motion may only be the people's congress at the same level and its standing committee, and there must be no other parallel organs. To use the full name or standardization abbreviation, it should not be simplified at will.

The body of the motion

1. Case

The first part of the motion is called the case. As the name implies, this part should provide the basis for proposing the motion. Due to the different content, the length of this part will vary greatly in different proposals. The following is the part of the “Proposal of the People's Government of Shenyang Municipality on Organizing the Comprehensive Management of the People's Republic of China to Develop and Construct the Shenyang City Section of the Weihe River”: The Weihe River is the second largest river in Liaoning Province and flows through the planned urban section of Shenyang for 50 kilometers. For a long time, due to various reasons, the river channel in the Shenyang section of the Weihe River has been chaotically excavated, and the river barriers are numerous and complicated, which not only directly affects urban safety and flood control, but also seriously pollutes the urban environment. In order to conscientiously implement the state's major decisions on comprehensive river management, improve urban flood control capacity, ease the contradiction between surface and groundwater shortage, promote ecological balance, improve urban functions, and adapt to the needs of reform, opening up, and market economy development, build high-tech, large-scale production. Shenyang, with large circulation, modernization and internationalization, according to the experience of the foreign countries and the full preparation in recent years, the conditions for mobilizing the people of the city to comprehensively manage and develop the Weihe River have matured. To this end, the municipal government submitted a motion to the Third Standing Committee of the 11th National People's Congress, and invited the General Assembly to review and make corresponding resolutions.

This case is very close to the beginning of the official document, purpose, and meaning of the official document. Sometimes the content of the case is very complicated and there are many words. For example, the "Proposal of the State Council on the Draw for the Construction of the Three Gorges Project" is partly more than half of the full text. It is necessary for such a time-consuming and costly project to fully explain the reasons. Sometimes the case can be written very shortly, such as the "Proposal of the State Council on the Review of the Copyright Law of the People's Republic of China", which is a relatively common "purpose" method, but three or four lines, more than a hundred words.

2. Program

The part of the programme is part of the ways and means of resolving the issues or issues brought to the consideration. If it is to review the existing laws and regulations, the solution to the problem is in the laws and regulations. This part only needs to specify the name of the laws and regulations that are submitted for consideration, but the text of the law or regulation should be used as an auxiliary file. In the case of a dismissal motion, the name of the person to be removed and the position to be held shall be stated. If it is for consideration of major decision-making matters, the contents of the decision-making should be listed for review by the General Assembly. If it is recommended to take administrative measures to solve certain problems, the implementation of this administrative means should be detailed in order to facilitate consideration. You can't just point out the problem, not the solution to the problem.

3. Conclusion

The conclusion is the end of the motion and is mainly used to make a request for review. Generally, the pattern is written, which is concise. For example, “This draft is approved by the municipal government and is now submitted for consideration.”

Signature and date

In general administrative documents, the final signature is the name of the issuing agency, and the motion is different and must be signed by the head of the government. The motion submitted by the State Council to the National People's Congress shall be signed by the Prime Minister; the proposals submitted by the provinces, municipalities and autonomous regions to the people's congress 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.