Research On The System Of Filing And Reviewing Normative Documents Of The Standing Committee Of The Provincial People's Congress

In the supervision of local normative documents in China,the standing committee of the provincial people's congress has the highest supervisory status,which mainly adopts the way of filing and examination,with the purpose of protecting the legitimate rights of citizens and maintaining the unification of the country's legal system.At present,scholars mainly focus on macro and academic studies,and seldom study the current practice of the system of filing and reviewing normative documents of the standing committees of provincial people's congresses.This article attempts to "regulatory documents" and the basic theory of "the record review" as main point,build the provincial people's congress standing committee of the normative documents for the record the related theory of censorship,and through the provincial legislation and practice of comparative empirical analysis,the key to solve the real concept of normative documents are not clear and the way of the record review scope or width,uneven unknown problems not congruent,program codes,standards,in order for the future scholars system research of the provincial people's congress(NPC)normative documents for the record to fill censorship useful empirical data.First of all,in terms of the scope of filing and review,we will take defining the concept of normative documents as the cornerstone,explore various forms of document names formulated by local state organs,and clarify the judgment criteria for normative documents that need to be filed and reviewed.We have broken through the relevant provisions of the law on supervision and brought normative documents formulated by provincial procuratorates,courts and supervisory commissions into the scope of archival filing and review.Secondly,in terms of the way of filing and review,combining the relevant legislation and practical work of provincial filing and review,the form of the combination of active and passive review is determined.Clarify the difference between special review and key review,and take special review as a new review method;From the actual situation of the record review,the key review as a review of the lack of basis.Thirdly,in terms of the standards for archival filing andexamination,it is not appropriate to take the examination of constitutionality as the standard for the examination of the standing committees of local people's congresses from the point of view of the original intention of the constitution.The specific and detailed reasonableness review shall take into account the circumstances,including the concept of the rule of law,the balance of interests,fairness and reasonableness,the local actual situation and other relevant factors.Finally,in the process of record review,the author tries to construct the procedure of active and passive review based on the legal relationship between different record review institutions.From the perspective of time limit,further standardize the correction procedure;We will intensify efforts to make public the contents and contents of archival filing documents,expand ways for the public to participate in the review process,and establish procedures for making the results of the review public in a timely manner.