Research On The Examination System Of Normative Documents For Local People 's Congress Standing Committee

The conflict between legal rules, is a big problem that the current legislative facing. For this, each country according to their national conditions takes the corresponding relief measures, often referred to as unconstitutional review system. According to the different subjects of constitutional review, can be roughly divided into three kind mode: parliament supervision mode, the common law of supervision mode, specialized agencies supervision modes. In view of our country by the National People’s Congress and its Standing Committee exercise the legislative power of the state and monitor the implementation of the constitution, constitutional interpretation and legal responsibility, therefore, many scholars in China will be unconstitutional reviewing mode in the first category, namely the introduction of legislation unconstitutional review system. Our country has not explicitly taken in the legislation unconstitutional review system, but in the constitution, legislation law, supervision law and the local organization law of normative documents filing and review system, the theoretical basis is rooted in the theory of constitutional review.With the promulgation and implementation of the supervision law formally, standing committee of local people’s Congress normative documents filing review system formally established, normative documents filing review of National People’s Congress and the local people’s Congress has become indispensable in the system of supervision is one of the important components of. In practice, the Standing Committee of local people’s Congress to proceed the related system construction, the country’s31provinces, autonomous regions, municipalities directly under the central government standing committee of National People’s Congress has all the normative document filing a review of legislation, and the establishment of the review of the record work mechanism, which regulate the legislative activities, maintaining the unity of the legal system, safeguard the interests of the citizens has important significance. But in the theory and practice point of view, we discover not hard, each district about normative documents filing and review work mode is existing certain difference, and in the practice of regulation also has many laws and regulations have not adjustment problems, such as the regulatory review of the record of the different scope of existence of a fish escaped through the Seine, review of the way towards passive review lack of initiative, review period somewhat lagging behind, review of department leading position not significant, illegal normative documents lack of punishment measures. Therefore, this paper from the problem proceed with, carry out a series of analysis and comparison, to explore more perfect place of normative documents filing system review.Based on the structure arrangement is divided into four parts, the first part of the analysis of the local people’s Congress normative documents filing review system establishment process, establishment significance. The second part of the Standing Committee of local people’s Congress normative documents filing system review contents, characteristics and legal basis. The third part compares the local people’s Congress on normative documents filing system to review the practice. The fourth part from the problem proceed with, analysis of the local people’s Congress normative documents filing and review of the deficiency of the system, puts forward improving suggestions.Charpter one analyzes the review of the record system of history. The author believes that China’s review of the record system is composed of the system of people’s Congress decision, is the exercise of legislative power to the legislative activities of supervision, with the same hierarchical legislation system adapted to the legislative supervision system. The establishment of this system can be traced back to the1954Constitution, along with the related law, regulations during the system complete with each passing day. The Standing Committee of local people’s Congress for examination system establishment experienced budding phase, phase of stagnation, until the "supervision" formulation, standing committee of local people’s Congress normative documents filing review system was formally established. The establishment of the system is the important means of maintaining the unity of the legal system, the balance of power as the important way, is to protect the fundamental interests of the masses is an important mechanism to state organs in accordance with the law, is to make the important need.Charpter two analyzes the Standing Committee of local people’s Congress normative documents filing system review contents, characteristics and legal basis. The author thinks to analysis of Standing Committee of local people’s Congress normative documents filing and review content from the subject, object and basic form three aspects. Through the analysis is not difficult to find, the system has legitimacy, authority and effectiveness of the three characteristics of. China’s current effective laws but also for the establishment of this system provides the necessary legal support, such as the supervision of law and legislative law, standing committee of local people’s Congress normative documents filing and examination subjects, examination standard, scope, way of startup, review procedure stipulation, the author also on the two law made comparison and analysis.The third part of the practice of local people’s Congress are analyzed from the review of the record, the basis, subject, range, working mechanism, starting mechanism, processing mode and working mechanism of seven angle undertook contrast. And then focuses on the Shanghai people’s Congress Standing Committee to carry out the archival filing of regulatory documents review and the review found the problem, and the legislation was analyzed.The fourth part is the Standing Committee of local people’s Congress normative documents filing and review of the problem and improve the direction of.The author thinks, the local people’s Congress normative documents filing system review mainly at the start of the procedure, main body, the scope of the review, responsibility deficiencies. For this, put forward to distinguish setting examination, setting security mechanism, to establish medical intervention mechanism and adjustment suggestion report time.