Research On The Regulatory Document Filing And Review Mechanism Of The Standing Committee Of The Local People's Congress

At present,China is now in the transition period of legal construction.With the continuous progress of the legalization process,the number of normative documents is increasing rapidly.Before the central government put all the regulatory documents into the scope of the record review,the local people's congresses' filing review was mainly focused on local government regulations.In practice,the NPC “rubber stamp” status has not been fundamentally changed for a long time,and it has been in the legislative work.There can be no effective checks and balances on the powers of local governments.Their opinions and suggestions are also not taken seriously.The filing review mechanism is difficult to play an effective role,and the situation of taking the form is rather prominent.After the central government put forward new requirements,the local people's congresses continued to summarize their experience,formulated regulations concerning the review of working methods and procedures for the filing of normative documents,and strengthened the construction of an information filing and review platform.However,there are still some other issues that affect the filing review mechanism to fully play its role.The problem needs to be solved.The article is mainly composed of three parts.The first part elaborates the connotation of the normative document filing review mechanism from the history of the filing review system and the significance of the improvement of the mechanism.It specifically explains the definition of the document filing and review mechanism for normative documents..The second part focuses on analyzing the main issues that hinder the effectiveness of the mechanism.The third part proposes some improvements for the problems pointed out in the previous article.In China,the object of the record review includes laws,regulations,rules and other normative documents.The objects that the local people's congress standing committee has the authority to carry out record review are mainly regulations and other normative documents.At the Fourth Plenary Session of the 18 th CPC Central Committee,the central government proposed that all non-regulatory documents other than laws and regulations should be incorporated into the record review in response to situations in which local regulatory documents with legislative nature are not subject to supervision.The revised "Law of Legislation" and the spirit of the central government on the work of legislation have further refined the relevant requirements.Combining these requirements,this article seeks to focus on the regulatory documents and regulations outside the normative documents.Through the review of the relevant measures for the improvement of the regulatory document filing and review mechanisms of the local people's congress standing committees of different provinces and autonomous regions,the new approach of the existing mechanisms will be summarized.Comparing the mechanisms in different regions,we will provide countermeasures and suggestions for further perfecting the regulatory document filing and review mechanism.Some practitioners believe that there are many common issues in the review of the filing of normative documents and the review of laws,regulations,and regulations.It is not meaningful to separate normative documents from laws and regulations and regulations,and this may not be significant.The concept of normative documents held by practitioners is relevant.To a certain extent,they regard the regulations,rules and regulations,especially the regulations,as normative documents and consider that there is no essential difference between the two.In fact,the record review of regulatory documents is very different from the record review of regulations and rules.In terms of the legislative system,the bodies for the formulation of regulations,rules,and regulatory documents are different.There are differences in the status and interrelationships of the record-checking subjects.Such differences will affect the scope,standards and strengths of the filing review.In terms of statutory authority,the principles to be adopted in the formulation of laws,regulations and normative documents are different,and the standards for record review are different.There must also be some differences;from the requirement of the central government to focus on the review of the filing of normative documents,since the local government has used normative documents as a substitute for legislation,it has been excluded from the supervision because it is not a document of a legislative nature.The laws and regulations that the system has already incorporated into the record review are obviously different.Therefore,the central government proposed to link the record review of normative documents with the record review of regulations and rules.Of course,in the future,the record review of regulations,rules and regulatory documents will form a system,but it does not mean that the differences among the threewill disappear.The existence of commonality in practice does not prevent us from studying the filing review with normative documents as the focal point.It does not prevent us from distinguishing the three things and also considering them together.It is precisely because of this that this study can also contribute to the review of regulations and rules.As this article seeks to focus on examining the specific work requirements,procedures,and linking mechanisms between the various aspects of the normative document filing and review process in the context of changes in the legal policy,a dynamic and systematic perspective is adopted to examine the process of filing review operations.The problem,therefore,is to position the document for reviewing the review mechanism rather than institutional research.Due to limited capabilities,the author's research on the new measures for the registration and review mechanism of the Standing Committee of the National People's Congress depends to a certain extent on the introduction or revision of the Standing Committee of the People's Congresses of the provinces,autonomous regions,and municipalities directly under the central government and the districts after the revision of the 2015 Legislation Law.The investigation of relevant regulations takes them as the main research samples,and examines the resolutions and decisions of local people's governments at or above the county level in addition to administrative regulations,local regulations,autonomy regulations and individual regulations and rules,resolutions and decisions of local people's congresses and their standing committees.The regulatory documents other than the decisions and orders(the "Legislative Law" and "Supervision Law" have been stipulated)are incorporated into the record.