On The Research Of System That The Standing Committee Of Local People’s Congress To Request The Normative Documents Put On Record And Review

The flood of democracy and the rule of law is inexorably coming, and governingthe country by law is the main content and key factors of democracy and the rule of law.A unified legal system is the premise of governing the country by law, The system thatthe standing committee of local people’s congress to request the normative documentsput on record and review is the fundamental way to achieve uniformity of law. Thepaper has a full range of discourse about system from theory to practice, from thehistory to reality,from the problem to the countermeasures of the system. The paperincludes three-part composition,which is the introduction, body and the end. The bodyof paper includes six chapters, the first three chapters analysis the basic concept, thetheoretical basis and historical changes of the system, trying to deconstruct from thetheoretical level of the system. The last three chapters study specific practice of thissystem, the practical problems and solutions, trying to restore the original appearance ofthe system of keeping on file and reviewing of regulatinos, to outline the direction of itsfuture development.In the introduction part, It Overviews the origin of topics, the research status athome and abroad, and research methods.The first chapter analyse the connotation and epitaxial of system that the standingcommittee of local people’s congress to request the normative documents put on recordand review. The basic meaning of the normative documents, filing and review isanalyzed in this chapter because those are the three basic elements of this system.Combing not only the definition of the normative documents, but also clarified thedefinition and scope of keeping on file and reviewing of regulations. At the same time,pointing out the differences among the system that local people’s congress to requestthe normative documents put on record and review and the system that localgovernment do and the administrative reconsideration system with a comparison.The second chapter deals with the theoretical basis of the system that the standingcommittee of local people’s congress to request the normative documents put on record and review. The theoretical basis of keeping on file and reviewing of regulation includesthree aspects: The first is the legislative oversight. Broadly speaking, the localdevelopment of normative documents is also a legislative act and such behavior must besupervised; the second is the uniformity of law. The uniformity of law is not only aninevitable requirement of the sovereign state, but also a necessary precondition ofimplement the rule of law, a strong guarantee for the healthy development of the marketeconomy. To ensure a unified legal system, the state provides for the legislativeauthority, effectiveness of the method of rating and keeping on file and reviewing ofregulation system; the third is the organ of authority first. The organ of authority firstthat means that the supervision of the local People’s Congress Standing Committee has adual nature of the supervision of the authority and the one-way. This authority andone-way is thought the standing committee of local People’s Congress StandingCommittee as the legitimacy and necessity of the keeping on file and reviewing ofsubject.Chapter III discusses history of the system that the standing committee of localpeople’s congress to request the normative documents put on record and review. Itpoints out that the background of the system is governing the country by law, theformation of the legal system and the establishment and practice of unconstitutionalsupervision system. A unified legal system is the inevitable requirement of governingthe country by law, and keeping on file and reviewing of regulation system is the basicapproach to ensure a unified legal system. The formation of the legal system providesmeticulous standards for the review of the normative documents. The establishment andpractice of unconstitutional supervision system provides a wealth of theoreticalknowledge and practical experience for keeping on file and reviewing of regulationsystem. Following discussing the background of it, the chapter gives an objectivedescription about historical changes of the system. By the large amount of historicaldata, you can clearly see, the filing system and reviewing system is often usedsimultaneously but not appear simultaneously. The provision for a review systemappears before the review system. Initially, it is the provisions of the keeping on file andreviewing of laws and regulations, and then is the provisions of the system that local people’s congress to request the normative documents put on record and review. Thepromulgation and implementation of the supervision law is a sign of this system toestablish and the legislation of the local people’s congress standing committee aboutkeeping on file and reviewing of regulation system is to enrich and deepen.The fourth chapter deals with the realities of system that the standing committee oflocal people’s congress to request the normative documents put on record and review.Conducting a thorough combing the main provisions of the normative documents forfiling and reviewing that the standing committee of the provinces, autonomous regionsand municipalities have made. Which includes the scope of the record, the filing office,the way of review,the provisions of the standard of review, the review body and theinstances some of the local people’s congress standing committee to carry out filing andreviewing. The feedback mechanism, public participation mechanisms, coordinationmechanisms, oversight mechanisms and monitoring mechanisms in the system ofkeeping on file and reviewing of regulation are also an objective description.The fifth chapter point out what is the question and reason about the system thatthe standing committee of local people’s congress to request the normative documentsput on record and review. The main problem include: there is no uniform legislationacross the country，the record was too narrow, review of standard is imperfect, themechanism of starting is not working，review mode is impractical, the review body lackindependence, relief capacity is not strong，coordination mechanism is not smooth andso on. The main reason is the design of the system divorced from the theoretical basis.The concrete manifestation of legislative oversight of thinking fails to effectivelyimplement，the legal unity of purpose can not be satisfactorily achieved, first ofauthority of authority failed to fully demonstrate.Chapter VI analyses that how to improve system that the standing committee oflocal people’s congress to request the normative documents put on record and review.The improvement of the system includes five aspects: First, we should grasp thelegislative opportunity to formulate the law that the standing committee of localpeople’s congress to request the normative documents put on record and review for endof the decentralized situation. Meanwhile, it’s necessary to adjust timely the legislative purpose and have a change from focus only on ensuring a unified legal system toemphasize on both ensuring a unified legal system and protect citizens’ legitimate rightsand interests, and thus increase public participation component in the system design. It’salso necessary to make coordination with the relevant normative documents of thesupervisory system. Mutual convergence and coordination with other normativedocuments supervisory system is the proper meaning of the system as a system tosafeguard national uniformity of law. At the same time, we can integrate resources andformat the supervision work together.The same time, we must improve the relevantprovisions of the law on supervision. expand the scope of keeping on file and reviewingof regulation, place the documents of district court and district procuratorate included inthe supervision weapon. Improve the standard of review, try to make a variety ofnormative documents "well reviewed"; The third is to Smooth flow of the normativedocuments to review channels. Giving the request for review and the suggestion forreview the same treatment, so that we can reduce the review impede and have a morepowerful means to open the door on the review of the normative documents. It can alsomake review of the normative documents less susceptible to interference through theestablishment of a special review body. The fourth is to establish and perfect thesupervision mechanism. It’s no only need to establish and improve internal oversightmechanisms but also external oversight mechanisms. Through the public review processand the results of the normative documents for the record, setting by the makers liablefor inappropriate normative documents and actively promoting the citizens’ enthusiasticparticipation to supervise in order to give full play to the effectiveness of the system.In conclusion simply analyze what’s the other question about system that thestanding committee of local people’s congress to request the normative documents puton record and review, and the last get a view of the bright future of this system.