A Research On The Legitimacy Review In The Approval System Of Local Laws And Regulations

The “Legislation Law” revised in 2015 stipulates that local laws and regulations formulated by the district-based city may be promulgated and implemented after passing the legality review of the provincial people's congress standing committee.The newly revised “Legislation Law” retains the provisions of the Standing Committee of the Provincial People's Congress for the legality review of local laws and regulations submitted by the municipality of the district.As an important part of legislative supervision,the legality review in the local regulatory approval system can effectively resolve the conflict between local laws and the superior law;it can prevent the city of the district from exercising the legislative power to the maximum extent;The unification of the legal system.At present,the legitimacy review in the local regulatory approval system has made considerable progress.The Constitution is the commander.All provinces and autonomous regions have revised the provincial legislative regulations and continuously enriched the relevant provisions of the legality review at the institutional level.The academic circles also differ from each other.The perspective is to study this.However,the following deficiencies still need to be further improved.However,with the increasing workload of the provincial people's congress standing committee reviewing local regulations,the problems of the system are also exposed one by one.In theory,the academic community is controversial about the nature of the review power of legality,the scope of examination and the standards for review,and it is difficult to guide practice.In practice,the national law level only has the scope of legality review and the principle of standard,and the specific review criteria for whether it is in conflict with the constitution,constitutional laws,administrative regulations and high-level regulations are not clear enough.There are limitations on the scope of review of the jurisdiction of the district and the larger municipal legislative powers.The provisions of the local regulations and the superposition of the superior law are too general.Institutionally,the legal consequences of the local laws and regulations that are in conflict with the superior laws and regulations need to be further clarified;the provisions for the supervision of the subject of judicial review of the review rights also need to be clarified.In addition,there are still some provisions for the local regulations and departmental regulations and the autonomous connection of autonomous regulations.Based on this,in order to realize the original intention of legislation in the legality review of the approval system,we should start from the three levels of theory,system and practice,and solve the above problems one by one.On the theoretical level,the connotation and power nature of the legality review in the approval system should be clarified,and the theoretical basis for the improvement of practice and system level should be provided.On the practical level,the scope of examination should be expanded in a timely manner,and the legislative powers of the two different legislative bodies in the larger city and the newly-received legislative power should be examined separately.Refine the review standards and contents,adopt different review standards for different types of superior laws and regulations,and refine the contents of the review when the content of local laws and regulations is repeated.At the institutional level,it is necessary to clarify the legal consequences of the local laws and regulations that are submitted to the trial in conflict with the superior laws and regulations,and clarify the provisions for the examination of the subject to exercise the right to review the legality.In addition,it is necessary to fill in the regulations that are linked to departmental regulations and provincial autonomy regulations.In summary,only the normative level of legality review in the local regulatory approval system and the shortcomings in the operation,and the exploration of figurative improvement measures can provide a solid foundation for the sound development of the legality review.