A Study On The Legitimacy Of The Dual Filing And Review System Of Local Legislation

Since the Third and Fourth Plenary Sessions of the Eighteenth Central Committee,both the central and local governments,as well as practice and theory,have increasingly paid attention to the filing and review system.In particular,after the National People 's Congress Law and Work Commission issued a work report to the National People 's Congress in 2017,the work of the local people 's congress 's standing committees on the review and review of local legislation has also begun.According to the local laws and regulations,the various preparatory review institutions have also followed the National People 's Congress Law and Work Commission in carrying out the reporting work of record review.The filing and review system of local legislation is called a new theoretical hot spot.This article discusses the dual filing review of local regulations,autonomous regulations,separate regulations,and local government regulations,and analyzes the legitimacy of its filing review system from legality,rationality,and effectiveness.The first chapter is the introduction,the main content is the research background,research significance and literature review.The research on the dual filing review of local legislation is not only of theoretical significance but also of practical significance.Explaining the legitimacy of the "dual nature" of the local legislation review and its derived "multi-level" is of great significance to the development and improvement of local legislation.At the same time,improving the local legislative filing and review system is conducive to regulating legislative activities,maintaining the unification of the legal system,helping to give full play to local initiative and enthusiasm,helping to improve constitutional supervision and promote the implementation of the constitution.At present,the research results of scholars on the dual filing review system of local legislation focus on the problems of the concept of filing review,the lack of effective connection in the operation ofthe filing review system,the dual institutional obstacles,and the inflexibility.The second chapter introduces the top-level design and historical evolution of the local legislative record review system and proposes three issues discussed in this article.Regarding the top-level design,this article uses the expanded explanation of words and is not the focus of this chapter.Through the review of historical evolution,the historical development perspective was used to explain the relationship between filing and review,review,and correction.Finally,three issues were discussed in this article: whether the right to change and cancel should be matched with the filing review right.Whether there are institutional obstacles to the regulations and whether the multi-level filing review is justified.The third chapter analyzes the legitimacy of the three issues from the legitimacy,rationality,and validity,and further proves the legitimacy of the dual filing review system of local legislation.As for the first issue,from the perspective of legitimacy,rationality and effectiveness,the right to change and cancel does not necessarily match the right to record and review.As for the second issue,from the perspective of legitimacy,there is no institutional obstacle to the State Council's review of local regulations.As for the third issue,from the perspective of effectiveness,it cannot be justified as a multi-level filing review.