The Theory Of The Filing And Inspection System For Regulatory Documents

Normative documents play a particularly important role in china’s political and economic construction and social life, it not only a precondition that all china’s state organs act according to law and reasonable exercising their functions and powers, but also a important guarantee that people can safeguard the legitimate rights and realize own interests. With the development of the concept of rule of law, a large number of normative documents were enacted. But, many normative documents are illegal or unreasonable. It is necessary to regulate this phenomenon. In theory, the normative documents filing system is the best way to solve the problem. However, the results in practice are not satisfactory. Although many rules such as "legislative Act""the Administrative Review Law""the laws and regulations for the record Ordinance""the law on supervision of normative regulations" have a regulation for filing review and supervision, but these provisions have many imperfections, resulting in the role is limited.The article composed by four-part introduction, body, conclusion and postscript. The body is divided into four chapters. Chapter1:a summary of normative document filing and examination system. Through legislative and doctrinal analysis of the normative documents and define the concept of normative documents in this article. Introduce the concept and the main contents of the filing and examination system, with emphasis on analysis the object of filing and examination system.Chapter2:theoretical issues of the normative document filing and examination system. This part analyzes the relation and difference between the filing and examination system and unconstitutional censorship. Two filing and examination system review of object overlap and highlight a range of issues. There are inconsistent and procedures of the standard of review provisions of the unknown between Filing and examination system and the administrative reconsideration system. The judicial recommendations in the administrative litigation system can improve the passive censorship. In the long term, it can create a specific review system and review part of the normative documents.Chapter3:empirical analysis of the normative document filing and examination system. Concrete analysis the actual problems of laws and regulations and other regulatory documents, judicial interpretation and reason. Practice primarily in filing forms and ineffective, initiative to review and passive review ineffective. The main reason is the entity and imperfect procedural requirements, the review body and the quality of personnel is not high.Chapter4improve the normative document filing and examination system. To facilitate the filing and examination systems run through the improvement of the entities, procedural requirements and the establishment of specialized institutions and improve staffing.