A Study On The Filing And Review System Of Administrative Regulatory Documents

Administrative regulatory documents whose formulation bodies are various,have no unified formulation procedure,lack of effective supervision mechanism and other disadvantages,all these above lead to common phenomenon that administrative regulatory documents infringe up lawful rights of the citizens,legal persons and other organizations.Comparing to other systems,the filing and review system plays an irreplaceable role in guaranteeing quality of making administrative regulatory documents.After more than twenty years of development,the filing and review of administrative regulatory documents has formed a more complete legal system,but there are still many problems in the actual operation.In general,these problems are prominently in four aspects,namely "formulate but not record","record but not review","review but unclear" and "review but not to correct".In this paper,I will take the outstanding problems in reality as the entrance,combine xwith the relevant theories of administrative law,analyze the problems,causes and problem-solving solutions to the filing and review system of administrative regulatory documents.Besides the introduction and conclusion,this paper is divided into five parts:The first part is about system's value of the filing and review of administrative regulatory documents.This part is based on the implementation of administrative regulatory documents.Through horizontal comparison between administrative internal supervision and the external supervision of the NPC,it expounds the unique value of the filing and review system of administrative regulatory documents.The second part is about definition of the filing and review scope of administrative regulatory documents.This part is around the problem of"formulate but not record",then analyzes the main reasons and secondary reasons why the documents-making authorities are unwilling to submit the administrative regulatory documents to record,and puts forward some effective solutions.The third part is about start of the filing and review process of administrative regulatory documents.This part is around the problem of"record but not review",then discusses the reasons why the filing and review process are difficult to start,and focuses on exploring the review mode combined with decentralized and centralized review,the review mechanism of experts participation and the application.The fourth part is about clarity of the filing and review standard of administrative regulatory documents.This part is around the problem of"review but unclear",then analyzes the controversial points in the review of legitimacy and rationality,and focuses on exploring the review of making-necessity and enforce-ability.The fifth part is about effect of the filing and review processing results of administrative regulatory documents.This part is around the problem of "review but not to correct",firstly lists the main types of the filing and review processing results,next discusses the causes of "review but not to correct",and then puts forward the principle of "giving priority to lesser treatment way",finally proposes to create the system of dissent and re-checked of processing results.