Definition And Protection Of Legislative Review Proposal

The legislative review proposal is a proposal to review the legislation,which is typically set by the clause 2 of article 99 of the legislative law.This paper uses the interpretation method of meaning,system and purpose to explain the clause.Firstly,the clause can be divided into three parts of proposal subject,proposal content and the procedure.From the sequence of the subjects,the words of "and",the object norm limited to "Regulations",the conflict situation limited to "clash",launched the official review "when necessary",all we can see the weak position of citizens in the whole legislative review system.The proposal form of "written" embodies pursuit of efficiency and abstract review.The uncertain legal concept of "when necessary" leaves room for the filter mechanism;Secondly,we should grasp the article from the system.This clause is the embodiment of "the right of political supervision" in Article41 of the Constitution,rather than the "right to remedy".That’s why the subject of the proposal is so broad.Because which clause 2 set isn’t constitutional appeal system for the right relief of specific civil,so the real difference between clause 1 and 2 of article 99 isn’t substantive distinction of constitutional litigation and constitutional petition.But only the ability of "request" and "suggestion" to start the formal review is different.The clause provides for passive,post and abstract review.Passive review has advantages over positive review,the constitutionality of "law" mainly depends on prior review.The scope of incidental review(concrete review)in China is limited to low level legislation,abstract review procedure corresponding for advanced legislation.This provides institutional space for the transfer review mechanism;Finally examine the value objective of the clause,the subjective purpose of the legislator is to maintain the unity of the legal system through citizen participation,andto realize the political idea of "the people being the masters of the country" in the field of legislative supervision.However,the legislative review recommendations aimed at relieving citizens’ rights do not exist in China.In practice,the demands of citizens’ rights and the bias of this clause to maintain the legal order show an inherent tension.There is an urgent need to establish a system of legislative review proposal for relief of specific citizens’ rights in the present society.This is the objective purpose of the article.The two value targets of legislative review proposal are both worth pursuing and anyone can not be neglected,and there is a trend that the two values are in harmony with each other all over the world.In our country,the two basic models of citizen’s initiation of the legislative review process are being formed.The proposal of legislative review can be brought not only by the "extensive" citizen without direct interest,whom based on the right of supervision,but also by the "specific" citizen with direct interest,whom on the basis of the right of relief,that is,it can be typed.The direct purpose of the former is to maintain the unity of the legal system,and the abstract review procedure is initiated;the latter is to relieve the civil rights and the concrete review procedure initiated.In order to safeguard the supervisory power of citizens without direct interest,the abstract review procedures provided for in the article should continue to be retained and improved,in particular the feedback and filter mechanisms therein.concrete measures such as strengthening the construction of network platform,perfecting the transformation mechanism between "proposal" and "requirement",stipulating that we can first make proposal to the enacting organ,strengthening the role of enterprises,institutions and deputies to the people’s Congress,perfecting citizen participation in the process of legislation;In order to protect the right to remedy of specific citizens,it is necessary to develop the complex review procedure,especially the transfer mechanism between the review organ of specific cases and the enacting organ,the adjudicative organ and the supervisory organ,and the direct starting mechanism of the citizen.And add more subjective right elements to the abstract legislative review procedure,concrete measures such as holding "joint review conference",not only require the enacting organ to come to the meeting to explain,but also invite interested parties to attend the hearing and so on.