Research On Chinese Normative Documents Filing System

Normative documents filing system is an important part of the administrative legal supervision system. It is of great significance to promote administration according to law, to build a law-based government and the rule of law in society. Since the establishment of normative documents filing system, academia have mainly concentrated on the study of the basic issues of the normative documents, but have little research on filing especially on the normative documents filing. Even if occasionally involved, most of the research in this field has focused much more on the academic level than the inspection of the existing legislation of normative documents filing system.Therefore, through the empirical analysis of the sample legislations, this paper inspected the status quo of the legislation and operation of the normative documents filing system of Chinese provinces, autonomous regions and municipalities, while preliminarily review it at an angle of combining the science of legislation and administrative law, on the basis of which it carries on to discuss how to establish more precise, comprehensive and scientific articles of the normative documents filing system in improving the rule-making technique and how to take effective control of the existing administrative power and guarantee the rights of the administrative counterparts in perfecting the normative documents filing system, so as to add empirical data to academia's research on the normative documents filing system, to propose my own view on the national unity legislation of normative documents.The author thought that: the principle of the normative documents filing and supervision should adhere to"all documents must be set on file, all documents filed must be reviewed, and all mistakes must be corrected"the content of the normative documents filing and supervision should combined examination on legitimacy, rationality and coordination.At the same time, the author recommended that: on the legislation design of the normative documents filing system, we should clearly define"filing report"and"note of normative documents", must submit the"paper text"and"electronic text"unify the period of submitting to record and the general period of examination for"30 days", design the extension period of examination clearly define the conclusions on the normative documents meeting the requirements and the normative documents existing mistakes unify"the procedure of objection to conclusion of examination"design differently between the legal liability of formulation institution refusing to submit the documents and refusing to correct the mistakes, and clearly design the legal liability of examination institution unify the public's right to propose examination on normative documents and clearly design the procedure of handing the proposal.