Research On The Legitimacy And Method Of Examination About The Normative Documents Of The Same Level Government By Municipal People's Congress Of The Sub-district

Legislation Law grants local legislative power to the Municipal People's Congress of the sub-district,it can formulate local laws and regulations about urban and rural construction and management,environmental protection,and historical and cultural protection.However,the local laws and ordinances can not cover all aspects of social life.In the process of using administrative power to manage social public affairs,the same level government should formulate the normative documents to refine and supplement.In order to ensure the normative documents meet the requirements of the provisions of the upper law,no violation or contradictory to the upper law,and no obvious unreasonable circumstances,the municipal People's Congresses of the sub-district should exercise supervision of legislative power to examine legitimacy and rationality about procedures and contents of normative documents.The first part analyzes the problems of examining the normative documents of the same level government by Municipal People's Congresses of the sub-district.The author thinks that Municipal People's Congress of the sub-district has authority to examine the normative documents formulated by the same level government after acquiring the local legislative power.However,according to the previous practice of examination,Municipal People's Congress of the sub-district is faced with many examination problems.It mainly includes examination of Municipal People's Congress of the sub-district,government coordination and normative documents themselves.The examination of Municipal People's Congress of the sub-district can also be divided into four levels:examination scope,examination basis,examination standard and examination system.The second part discusses the necessity of examination about the normative documents by Municipal People's Congress of the sub-district.In the process of formulating normative documents,the same level government is likely to legalize the interests of the department.In order to avoid this situation,it's necessary for Municipal People's Congress of the sub-district to examine the normative documents so as to achieve the legal significance.First of all,limiting the scope of administrative power to make the relationship between Municipal People's Congress of the sub-district and the same level government be ruled by law.Secondly,regulating the operation of administrative power to make the same level government be ruled by law.Finally,protecting the rights of citizens to make the protection of human rights be ruled by law.The third part demonstrates the legitimacy of examination about the normative documents by Municipal People's Congress of the sub-district.Municipal People's Congress of the sub-district examines the normative documents of the same level government,there are provisions of the upper law to make it legal.The provisions of the Constitution,the Legislation Law,the Supervision Law and the Local Organization Law all indicate that the examination of the normative documents by Municipal People's Congress of the sub-district is manifestation to exercise supervision of legislative power.However,limiting the scope of the local legislative power of the Municipal People's Congress,which has the nature of semi-legislative power and will be subject to corresponding restrictions when it examines the normative documents of the same level government.The fourth part points out the basic method and mechanism of examination about the normative documents by Municipal People's Congress of the sub-district.The work of Municipal People's Congress of the sub-district to examine the normative documents of the same level government needs to be carried out through the corresponding method and mechanism.The basic method mainly includes Municipal People's Congress of the sub-district requiring the same level government to submit the normative documents voluntarily,Municipal People's Congress of the sub-district examining the normative documents voluntarily,citizens and social organizations making recommendations.The examination mechanism mainly includes the same level government responsibility implementation mechanism,Municipal People's Congress of the sub-district examination mechanism and the consultation democratic mechanism.