A Study On The Approval System Of Local Laws And Regulations In China

As an important part of the legislative system in China, the legislative approval system occupies an important position in the rule of law construction in our country. In the current legal system of our country, not only autonomous regulations and separate regulations but also local rules and regulations need to be approved through legal procedures before they go into effect. "Constitution", "the legislative law", "the local organic law" and the "law on regional national autonomy" provide important foundation for China’s legislative approval. However, the rules lack of operability in practice, usually leading the approval system to become a mere formality.This article starts from the evolution of the legislative approval system of our country’s local laws, gradually reveals the nature of the local regulations approval authority. It is an important part of the legislative authority in form. It can also play a supervision and restraint function on the local legislative authority in content. But in essence, it is administrative power on the effectiveness of the local regulations. In the basic theory part, the author identify the nature of local legislative authority, also demonstrates the constitutionality, rationality and necessity of the existence of local rules and regulations approval system at the present stage.In the third chapter of this article, the author analysis the specific problems existing in the implementation of the local regulations approval system. The problems are mainly involved in six aspects, respectively is:there isn’t an effective communication and coordination mechanism between legislative body and approval authority before approval; The absence of procedure rules of the examination and approval, the examination principle and the standard is not unified; The central legislative doesn’t set starting point of the time limit for examination and approval, nor it pinpoints the processing means of it; The absence of the supervision of provincial people’s congress (NPC) legislation.To solve the above problems, in the fourth chapter I put forward several suggestions. First, implement the consultation system, ascertain the time and the way of early intervention, make full use of network resources and improve the information and resource sharing mechanism. Second, refine the procedures of examination and approval, in order to link up preliminary examination procedures with the formal review process. Third, specify the scope of the "host law" and standard of "no resistance". At the same time, establish the adequacy review principle to make local laws more operable in approval system; Forth, determine the starting point of time limit for examination and approval. Fifth, when local rules and regulations conflict with the host law, relevant departments should make different decisions accordingly. Last, strengthen the supervision of the local regulations approval authority.