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Vacancy Announcement of The Governance for Equitable Development (GED) Project (III)

 

Improving the law-making system in China: public participation, legislation evaluation, and law harmonization

 

Background to the project.

The Governance for Equitable Development (GED) project is about supporting the process of governance in China towards more transparency and accountability while strengthening the emerging institutions of the NPC, the judiciary and civil society. The project aims to contribute to the government's efforts by promoting civil society development and the rule of law through institutional reform, democratic lawmaking, participation, communications and piloting. China International Center for Economic and Technical Exchanges (CICETE), Ministry of Commence is the government coordination authority / implementing partner for GED project.

The component of law-making system is expected to achieve: first, the participatory process for law-making is institutionalized; second, capacities of the legislature for law-making and public engagement are enhanced; third, law harmonization is broadened.

The National People’s Congress (NPC) is the implementing agency (IA) for the component of law-making system.

Objectives of the assignment

 

The objective of this assignment is to provide a paper on the law-making system in China, in particular, evaluating the impact of the GED project on progress in the three major mechanisms that the legislature adopted to improve its law-making process: public participation, (post) legislation evaluation, and law harmonization through the regulations filing and review mechanism.

 

The assignment also includes giving a presentation of the paper and participating in the panel discussion in the closing event of the GED project, scheduled on 17 May 2012.

 

Scope of the assignment

 

Analysing the general development of law-making system in China, focusing on the following areas:

 

1. Public participation in the law-making process: forms of participation, methodology on analysis of public opinions, feedback to public opinions, impacts on the legislation concerned;

 

2. (Post) legislation evaluation: type of laws subject to evaluation, process of evaluation, methodology;

 

3. Law harmonization through the regulations filing and review system: material scope of filing and review, personal scope, passive review and active review, result of review, public participation in review process.

 

Output required

1. A description and analysis of the background, including recent historical development of law-making process in China, including events and policy, changes and impacts, inclusion in 5 year plans to 11th plan and progress compared to plan.

2. A description and analysis of the GED activities and their impacts on the development of law-making system in China, including:

What has the project implemented?

How has it been implemented?

How has it influenced thinking/policy and what changes have it brought about?

What impact has it had on the development of law-making system in China?

What will be the future benefits from the changes?

3. Analysis of the prospects and future reform agenda in the area of law-making in China, from the perspectives such as the 12th Five-year plan, and White Paper of Socialist Legal system with Chinese Characteristics, the current institutional thinking and current debates.

4. Make policy recommendations, particularly on addressing remaining policy areas to be further explored.

Output required

A  research and policy paper on thematic topics in the section on scope above and the presentation of the paper at a event.

Location

It is anticipated that the assignment will be based in Beijing and focus on accessing information from GED project documents, research reports, governments reports and other documentation together with interviews with key people in relevant organizations including the NPC and academic institutions in Beijing and other parts of China where relevant.

Reporting format

It is important to have a unified reporting style. The paper will be in English delivered using Arial 11 typeface with 1.5 spacing. The structure of the report will be agreed during the assignment and before commencement of writing.

Proposals

Proposal to be submitted by 12 noon on 01/12/2011 will contain the following information;

  • Show an understanding of the client requirements.
  • A methodology of how the experts and team will meet the requirements of the assignment.
  • The benefits of using that methodology.
  • Indications of where and what information will be accessed.
  • Suggestions on how the information can be presented.
  • Details of expert team with bio’s and CVs to include qualifications, experience, assignments and publications.
  • Assignment management and client reporting.
  • Expert days, fees and costs.
  • Timescale.

 

Supervision

A draft report will be reviewed by the GED PMO NPC, CICETE and UNDP and revision, if necessary, completed by the author.

Indicative Timescale

The time scale is tight and it is critical that authors keep to the schedule;

 

  • First draft                      03/03/2012.
  • Comments from GED;              16/03/2012.
  • Final draft                            30/03/2012.
  • Participate in the closing event        17th May 2012.

 

Duration of assignment.

The assignment will commence on 06/01/2012 and end 18/05/2012.

Consultant days

The contracted experts have 20 person days to complete the assignment.

Indicative budget

As a guide only the maximum budget for the assignment including fees and expenses will be USD12000. The final budget will depend on the level of experts contracted and the proposed work plan agreed.

Management

During the completion of the papers the authors will liaise with in Tian Yanmiao in the NPC and Lu Haina in the GED PMO.

Submission of proposals;

Proposals in electronic (USB)and printed format to be submitted to;

 

Yang Chen

Governance for Equitable Development,

Room 1502,

Entrance C Yong He Plaza,

28 An Ding Men Dong Da Jie

Beijing 100007

 

 

GED PMO

November 2011

 

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