On The Review And Improvement Of Approval System Of Local Regulations In China

Approval system of local regulations in China(hereafter referred to as approval system)refers to a legal stipulation that the local regulations of districted cities shall be submitted to the Standing Committee of Provincial People's Congress for review and approval before they can enter into force.In the long-term practice of local legislation,although there is always a dispute on the existence and abolition of approve system,it does play an irreplaceable role in making up for the deficiency on record and review system,resolving the limitation of legislative capacity in districted cities,maintaining the stability of local legal system and preventing districted cities from abusing their legislative power.However,there are divergences and deficiencies in the cognitions and provisions of approval system whether it is in theoretical or practical circles and in central or local legislation.Because the exercise of approval power directly determines the final content and fate of a local regulation,it should follow some rules and not be capricious.This article mainly adopts the methods of work investigation,text research and data analysis.This article has four chapters in addition to the preface and conclusion,its main contents are as follows:The first chapter summarizes the historical development of approval system,and comprehensively analyzes the main values of approval system so as to respond to the opposite views on abolition,and lay the foundation for the following theoretical discussion.The second chapter makes an in-depth analysis of three key theoretical issues to serve as the basis for the following improvement of related procedures,which includes the basic nature of the power of approval,specific review scope of the Standing Committee of Provincial People's Congress and the judgment standard of the principle of non-contravention.The third and fourth chapters,based on the Legislative Law and 27 provincial local legislative regulations,summarize the procedural problems of approval system in combination with the legislative practice of districted cities,and take the dual relationship of control and cooperation between provincial and districted cities'legislatures in approval system as the starting point,try to put forward improvement measures,so as to standardize the operation of approval system and promote the legislation of districted cities.