A Study On Keeping On File And Reviewing Of Regulatory Documents Of The Standing Committee Of The People’s Congress

With the continuous development of socialist democracy and legal system construction, to keep on file and review the regulatory documents has become an important supervisory authority of the people’s congress, which is also an important regulation in standardizing legislation and upholding the uniformity of the socialist legal system. The key point of this thesis is the legal institutionalization and standardization of the keeping of file and reviewing the regulatory documents, which is in an attempt to comply with the principles of legislative intendance.The thesis is divided into five chapters.Chapter one is the basic theory of the keeping of file and reviewing the regulatory documents, which is divided into three parts:the concept of the keeping of file and reviewing the regulatory documents, the significance of the keeping of file and reviewing the regulatory documents and the current situation of the keeping of file and reviewing the regulatory documents. In short, this chapter introduces the general situation of the keeping of file and reviewing the regulatory documents in the people’s standing committee at all levels based on regulations of Legislation Law and Supervision Law.Chapter two is the mechanism of the keeping of file and reviewing the regulatory documents, which is also divided into three parts:the initiating procedure of the keeping of file and reviewing the regulatory documents, which includes keeping on files and proactive reviewing, legal bodies proposing to review and relative authority, citizens and organization advising to review; the examining procedure of the keeping of file and reviewing the regulatory documents, which explains the authority and the standard of keeping of file and reviewing, the manners and the time limit of reviewing; the third part is on the rectifying procedure the keeping of file and reviewing the regulatory documents.Chapter three states the major problems of the keeping of file and reviewing the regulatory documents, which include the problem of having various bodies of keeping on file; the problem of deficiency of judicial review of legislation; the problem of the opaque relationship between the keeping on file and reviewing of regulatory documents and the problem of team, who are not totally qualified.Chapter four expounds the foreign review of constitutionality’s insights on China, the contents and the current situation of review of constitutionality in China in addition to the difference between the foreign review of constitutionality and review of constitutionality in China.Chapter five is about some countermeasures of the keeping of file and reviewing the regulatory documents. As a system, public participation exists in modern democratic countries and should run through the whole process of legislation and keeping of file and reviewing. Keeping of file is an important chain; meanwhile, it is also a necessary stage of legislation, which should be the last line of defense in the procedure of making laws, regulations and regulatory documents.