Research On Local Government Regulations Review System

Local government regulations,as an important part of local administrative legislation,also as an important legal basis for local government administrative activities,have the dual attributes of administrative power and legislative power.They are characterized by numerous numbers,strong regional characteristics,and high frequency of application.Local government regulations,as a large part of normative documents in the legal system play an indispensable role in promoting the building of socialist rule of law.From the perspective of administrative power,Local government regulations,as an important means for local governments to exercise administrative power to manage economic and social life,played an active role in improving the pertinence and adaptability of laws and regulations,and standardizing government management and self-construction,etc.From the perspective of legislative power,Local government regulations,as an important part of local legislation,are important carriers of local rule of law construction.They are very important and significant for strengthening the construction of the rule of law in local governments,regulating the operation of power,and protecting the rights and interests of citizens.The local government regulations review system is an important system for supervising these regulations.It is of great significance for safeguarding the socialist legal system,promoting administrative self-control,ensuring execution of government orders,and comprehensively promoting the rule of law,creating a rule of law government,a country ruled by law,and a society ruled by law.It has been more than 60 years since the establishment of the constitutional supervision systemestablished by the May Fourth Constitution at the beginning of the founding of New China and the establishment of laws and regulations review system.The regulations review system had always played an irreplaceable supervisory role and played an important role in safeguarding the unity of the country's legal system,regulating legislative activities,safeguarding citizens' rights,and restricting the abuse of public powers.And the same time,in the development process of the regulations review system,there are also some parts that are not compatible with the practice.Some of the incomplete and unreasonable aspects are gradually emerging.It is becoming a hindrance to the promotion of the rule of law government and the rule of law country.Therefore,no matter in theory or in practice,it is necessary to strengthen the study of the local government regulations review system.The purpose of this paper is to construct a suitable local government regulation review system.From the perspective of the current difficulties of local government regulations review system,the basic idea is to construct the theoretical basis,value orientation,basic principles and institutional framework of the local government regulations review system,using the dual perspectives of political science and law,using the "external control" and "internal control" two theoretical models to build a framework for local government regulations review system.The purpose of this study is to construct proper local government rules and regulations for the review system,basic train of thought from the current difficulties facing local government rules and regulations for the review system,from two aspects of theory and practice to construct the theoretical basis of local government rules and regulations for the review system basic principle of value orientation and the system framework,using the double perspectives of political science and law,using external control and internal control two kinds of analytical framework,system structures,local government rules and regulations for the review system frameworkThe thesis consists of seven parts: introduction,overview,and historical evolution,comparison of supervision mechanism,realistic investigation,problems,reflection and improvement.The first part is the "Introduction." It mainly expounds the research background,research perspective,research significance,research purposes and methods,and domestic and international research review.The second part is "the Relevant Concepts and Theories of the LocalGovernment Review System." It explores the basic issues of the local government regulations review system,including the concept and content of the local government regulations review system,analyzing the differences between the local government regulations review system and local decree,departmental regulations review system.It also explains three theoretical basis of the local government regulations review system: legislative supervision theory unified legal theory,and administrative self-control theory.The third part is "the Historical Evolution of the Local Government Regulations review system." From the perspectives of the proposal and implementation of the strategy of ruled by the law,the legal system and the supervision system,it analyzes the background of the local government regulation review system,sorts out the development context and main features of the local government regulations review system.The fourth part is “Comparison of Local Government Regulation Supervision Mechanisms”.Comparative analysis is carried out from the perspectives of the supervision of the legislature,the judicial,the administrative reconsideration and other supervision mechanisms.The fifth part is "a Realistic Investigation of the Local Government Regulations Review System." From the nature,purpose and principles of the filing,the formal review of the filing,the filing method,time limit and publication,etc.,the local government regulations administrative filing and the NPC filing are examined.The local government regulations administrative review and the NPC review are examined from the aspects and standards of the review,the procedures of the review,and the processing of the review results.The sixth part is "Problems of the Local Government Regulations Review System." It points out the problems and shortcomings of the current review system:First,there is a lack of a unified review subject,the review of the subject authority cross-coincidence makes the review a kind of formality;Second,there is a lack of a sound start-up mechanism,the failure of the start-up mechanism leads to the review weak,over-reliance on active review,and the passive censorship system is not perfect;Third,there is a lack of clear review standards,the legality review standards are vague,and the rationality review criteria are difficult to grasp;Fourth,there is a lack of unified review.There are no relevant regulations for the examination procedures,and the results of the examination are not disclosed;Fifth,there is a lack of effectivesupervision mechanism,such as lacking of legal responsibility,lacking of public participation guarantee mechanism,inadequate regular cleaning system and post-evaluation system;Sixth,there are the causes of institutional defects-the disconnection between institutional design and theoretical practice.The seventh part is "the Improvement of the Local Government Regulations Review System." The paper puts forward five suggestions: First,it conducts unified legislation on the local government regulations review at the national level,and expounds and demonstrates in terms of necessity,feasibility and style arrangement;Second,it improves the start-up mechanism for review,and distinguishes between active review and passive review,improves the passive review system,clarifies the time limit for review,and improves the feedback mechanism for review;Third,it refines the review criteria and procedures,including formal review standards,the legality review standards and the rationality review criteria;Fourth,it unblocks the channels of local government regulation,given the same treatment as the review requirements,clarifies the subject of appropriate review,expands the scope of review of administrative reconsideration normative documents,and improves the legal supervision system for effective participation of the courts;Fifth,it improves the public participation security mechanism,the regulations review and disclosure mechanism,the regular clean-up system,the post-evaluation system,the review responsibility system and other review and supervision mechanisms.In short,the local government regulations review system has played a very important role in safeguarding the unity of the country's legal system,maintaining the coordination of the socialist legal system,promoting the construction of a country under the rule of law,preventing and correcting local government regulations an indispensable component of the rule of law system.But at the same time,we also need to see the deficiencies in the review subject,start-up mechanism,review criteria,review procedures,and supervision mechanisms.In essence,in the face of the dual supervision of the People's Congress System and Administrative system of the local government regulation review system,how to improve the credibility of this system,especially how the Administrative System supervision can avoid "self-monitoring oneself" of " Achilles Heel",it must be acknowledged that this system is a specific product of China's political system at the development of this times.The operation of the system has its rationality and convenience.On the other hand,it must alsorecognize the possible self-constrained risks of this system.The solution lies in the supervision of the NPC system in the dual regulations review.Under the circumstances that the external supervision plays an effective role,the internal supervision of the Administrative System plays a good role in assisting and coordinating,so that external supervision and internal supervision can be effectively combined and complement each other.It can be said that the way out for the local government regulation review system is to strengthen the review of the regulations submitted by the National People's Congress system.Under the existing pattern and political system of the dual review system of the NPC system and the Administrative System,the NPC system is gradually the main one clarified for the government regulations,the review opinions of the NPC system are clarified at the legislative level as the final conclusion.