Research On The Filing And Review System Of Local Regulations In Districted Cities

The revision of the 2015 Legislative Law created an institutional basis for the exercise of local legislative power for the Districted city.Under the guidance of the Standing Committee of the Provincial People's Congress,the municipal people's congresses and their standing committees began to take local legislative activities.It has not only achieved breakthrough legislative results,but also made the local legislative power of the districts develop steadily.At the same time,the enthusiasm and innovation of local legislation have been continuously exerted,and the number and quality of local regulations in the district have been improved.However,the local legislative power of the district still faces many difficulties in the development,ensuring that the local legislative power of the district is fully supervised by the legislation,and it is also a key factor affecting the benign development of the local legislative power of the district.Since the 18 th National Congress,the party's documents have repeatedly emphasized the importance of the filing review system.As a scientific system of constitutional and legal supervision,improve the filing review system is of great significance for regulating the legislative activities of the local laws and regulations of the districts and ensuring the unification of the country's legal system.The development process of the system depends on the guidance of the Party's documents and reviews the historical changes of the system in the light of the background of the times.Through a large number of historical data,we can clearly see that the filing and review system of local laws is in line with local legislative power.In order to clarify the key points of filing and reviewing the local laws of Districted cities,this paper chooses the local laws and regulations of cities with districts in Henan,Jiangsu and other provinces for analysis.The local laws of the district have actively explored the text,but they also show some shortcomings.For example,some local laws and regulations urgently need to strengthen the characteristics of local legislation,they should still be alert to conflict legislation when setting up local laws and regulations,further strict requirements can be made for fine legislation,and the amount of administrative penalties should be set prudently when setting up administrative penalties.On the basis of understanding the quality of the texts of the local laws in cities with districts,this paper sorts out the current situation of the implementation of the Standing Committee of the National People's Congress on the examination and filing of the local laws in cities with districts.While making breakthroughs in the practice of legislative supervision,the filing review system also exposes the problems in the review procedure.The mode of filing and examination is initiated in a single way.The local laws of the districts are mainly subject to special review,and the active review method and the application review method have not reached the legal default target;Diversification of the subject of review leads to different standards of review;The long-term suspension of the right of revocation in the error correction procedure is not conducive to the maintenance of the constitutional legal authority;the error correction feedback mechanism still needs to strengthen the procedural construction.Combining the problems of the filing and examination system in supervising the municipal local laws with the problems found in the texts of the local laws,This paper puts forward some suggestions for the feasibility of the legislative supervision procedure of the filing review system.First of all,we should improve the construction of the filing review procedure,perfect the start-up procedure,deepen the degree of review and clarify the revocation mechanism;Secondly,we should improve the construction of open mechanism,improve the feedback mechanism of review suggestions,and gradually form a reporting mechanism for filing and reviewing work;Finally,through the construction of the double-review structure model of Provincial People's Congress Standing Committee and Standing Committee of the National People's Congress,a clear division of labor and a prominent focus of the review pattern can be formed.Through the combination of theory and practice,we hope to strengthen the legislative supervision of the filing review system on the local laws and regulations of cities with districts,and promote the scientific,democratic and legal legislation of cities with districts.