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Analysis Of The Normative Documents Filing System Review Of Standing Committee Of Local People’s Congress

Posted on:2013-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y KongFull Text:PDF
GTID:2246330395469770Subject:Law
Abstract/Summary:PDF Full Text Request
The constitution of the people’s Republic of China all rights belong to the people,the people’s Congress system is China’s fundamental political system. The people exercise state power are the organs of National People’s Congress and the local people’s congresses at all levels. Supervision of the National People’s Congress of China’s socialist system of supervision of the important components. In the development of socialist democratic politics with Chinese characteristics, strengthen the power of the administrative, judicial and other particular public power restriction and supervision, has become one of important issue faced by our party and country in the construction of harmonious society construction in power. Strengthen the supervision of National People’s Congress, is to uphold and improve the system of people’s Congress and the inevitable requirement of development socialist democracy, also sets up the constitution authority, the key to maintaining the unity of the legal system. With China’s people’s Congress system establishment and development, with China’s " Constitution "," Organization "," Legislative Law " and other laws and regulations come on stage ceaselessly and update, especially with the " people’s Republic of China at all levels of people’s Congress Standing Committee supervision law " come on stage, the authority of the normative documents filing and examination system was established and achieved certain results.In China,the normative documents, are those that constituted by state organs do not belong to legislation, but also have a universal binding could be applicable document,have broad, narrow sense. Normative documents filing and review of local NPC Standing Committee at all levels is an important way of shall exercise legal supervision, is the important measure to safeguard the unity of the socialist legal system.The Supervision Law dedicated a chapter to normative documents filing and review provides, for the legal record of normative documents, review and revocation, in accordance with the relevant provisions of the Legislation Law, the illegal law of normative documents review and the cancellation procedure, by the province, autonomous region, municipality directly under the central government standing committee of National People’s Congress of the relevant provisions of the legislation law reference, make specific provisions. It marks the formal establishment for the Standing Committee of local people’s Congress normative documents filing and examination system,direct legal basis for the Standing Committee of local people’s Congress normative documents on the review of the record provides. At present, all levels of local people’s Congress Standing Committee in the " Supervision " under the authority of law, basically begin normative documents filing review, formulation of the relevant rules and regulations, work on this to do some beneficial exploration and practice.But, This work in reality also appeared a few problems,.For example, normative document scope definition is not clear, Normative documents filing review procedure is not clear, no penalty provisions,etc. This paper focuses on these issues, combine each district actual, through the analysis of empirical research, comparative research method, the method of value analysis, case analysis and other research methods, from the people’s Congress System in China Author, brief introduction our country all levels of people’s Congress and its Standing Committee have the legal authority to supervise,outlined the implementation of China’s normative documents filing and review system and the significance of the system characteristics, and detailed description of our country normative documents filing system to review the historical evolution and its legal attributes.And then, Specific instructions on concept and scope of the Normative documents, the main standard of filing and review, the way to start examine, institutions and duties of examining, process and means of treatment, penalties and other aspects of the development of the problem, Make thorough research and analysis, and put forward relevant suggestions.
Keywords/Search Tags:Normative documents, Filing, Review
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