The Perfect Plan Research Towards The Record Review System With The Expansion Of Legislative Power

After the amendment of the legislative law in 2015,all of the prefecture-level city obtained the legislative power,record review system also got more completed.With the expansion of the legislative power,province People's Congress got more power on the record review work.From the practice status in 3 years,record review system become more and more standardized and normalized,the report on the record review work was submitted to the Standing Committee of the National People's Congress first time.However,there are still some room to improve.Especially under the trend of the expansion of the legislative power,we need new idea to solve the new problem.This dissertation starts from the practice of local legislation and record review system after the expansion of the legislative power,sorting out the actual status of the record review work,analyzing the new situations and issues arising from the practice,finally put forward perfect suggestions for record review system.The dissertation believes that after the revision of the Legislation Law in 2015,local legislation has mainly exhibited the strong demand for local legislation and the prudent pace after the revision of the legislative law;the problem of homogenization is prominent and the local characteristics are insufficient;the combined of decentralization and power-receiving have yet to be tested.The dissertation believes that there are six main problems in record review system.The first problem is that the current record review system focus on guaranteeing the unity of the objective law,while the attention on the subjective rights demands of citizens needs to be improved;the second problem is the inconsistency of the review standards caused by the diversity of the review subjects;the third problem is the inefficiency of various departments during the record review process;the fourth problem is the shortage of manpower for the record review departments,especially in the local people's congress record review departments;the fifth problem is the institutional arrangement of superintendence power has not been well utilized in practice;the final problem is that there is still room for further improvement in the institution for record review work.The dissertation believes that it needs to be addressed from the following aspects.The first major point is to construct a new mechanism that combines pre-examination and post-examination,move the review to the formulation stage of local regulations,reduce the probability of legislative errors through early intervention,solve problems from the source;the second point is to raise the level of legislation and standardize the review work.On the one hand,we both need strengthening assistance and talent management,to improve the level of legislation,and on the other hand,we need to establish a strict and unified record review standard,so that each review subject will have a common standardized and procedures,to avoid the disorder caused by various subjects and the local protectionism;the third major point emphasizes the expansion of the scope of the supervisory body and the state organs' responsibility of review and supervise.On the one hand,natural person including the members of the Standing Committee of the People's Congress and the deputies of the People's Congress were introduced to the main body that has power to bring forward the requirements for review,to get over the limitations of the department supervision.On the other hand,through the institutionalized means,to encourage the department to actively exercise their duties;the last point is to explore the space for the judicial review.Firstly,courts exercise the case review power,then submit the laws that existing problems to the People's Congress for universal review,finally,establish a new record review system combines judicial review with People's Congress review.