The Study Of The Filing And Review On Administrative Normative Documents Within Local Administrative System

The fourth plenary session of the 18 th CPC Central Committee put forward to speed up completing our legislation system to safeguard citizens' rights and interests. As the bottom of the legislation system, administrative normative documents hold a large quantity and considerable influence. Although they are very close to people's daily life, people surfer a lot owing to these documents' defects and the deficiency of the supervision system. Therefore, establishing a scientific and efficacious supervision system on administrative normative documents has become a crucial task in developing China‘s Administrative rule of law.At present, China has developed four supervision means on administrative normative documents, which are the filing and review within the administrative system, the administrative reconsideration system, the filing and review within the local Congress Standing Committee, and the collateral review in administrative lawsuits by court. The filing and review within the administrative system has been challenging by scholars due to the suspect towards its validity. But practice has proved that it plays an irreplaceable role in the supervision system on administrative normative documents. So, this paper will take it as study object, investigating its promoting method though two research mains. The inside main aim to add the operability to the filing and review system, while the outside main is to strengthen the connection between the filing and review system and the other supervision means.Around these two mains, this thesis firstly takes 31 local administrative legislations as research objects, analyzing details of the filing and review system in respects of filing phase, reviewing phase and the liability accounting phase, and then points out the existing problems about this system,including low operability, absence of public participation and inappropriate liability accounting system. Afterwards, this thesis makes a comparative study between the filing and review system and the other two supervision means. Through this study, we can find out the advantages and disadvantages of different supervision methods. At last, author gives advices about how to improve the filing and review system on the basis of all the studies above. For the inside respect, this system should enhance its operability, optimize the public participation system and design scientific liability accounting system. For the outside respect, this thesis conceives a connection scheme between the filing and review system and the other supervision means, which can make the filing and review system more active.All in all, the filing and review on administrative normative documents within administrative system is based on the China's “administrative rule of law” theory. It plays an important role, saying “Comprehensive and active attack”, among the supervision system of administrative normative documents. So we need to give full play to this big advantage, overcoming its own defects and external connection problems, trying to build a scientific, effective and coordinated filing and review system, thus achieving the best effect of supervision.