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A Study On The System For Recording And Reviewing Normative Documents Of The Standing Committees Of Local People’s Congresses

Posted on:2021-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:R Q TanFull Text:PDF
GTID:2506306092994819Subject:legal
Abstract/Summary:PDF Full Text Request
The system of filing and reviewing normative documants is an important task entrusted by the constitution and laws to the standing committees of local people’s congresses to perform their duties of constitutional supervision.The decision of the fourth plenary session of the 18th CPC central committee also clearly requires that "all normative documents be included in the scope of archival filing and examination".However,at present,the filing and review system of normative documents is not mature enough in theory,and many laws and regulations have not been adjusted in practice.The problems mainly include:first,the scope of the review of normative documents is not clear.At present,there is a big dispute about whether the normative documents issued by the local "two houses" to guide the judicial work and the normative documents jointly produced by the party and government should be included in the scope of filing and review.Second,the standards for reviewing normative documents are vague.On the one hand,the main body of archival filing standards is not consistent,resulting in different review standards.On the other hand,the content of the adequacy criteria for the review criteria is not clearly specified.Third,the corrective mechanism for filing and reviewing normative documents is not perfect.On the one hand,due to the large number of normative documents and the limited personnel of the record and review institution,they cannot conduct a comprehensive review of normative documents.On the other hand,the standing committees of local people’s congresses at all levels have not clearly stipulated the procedure for error correction,which leads to the fact that normative documents are not rectified in practice.Fourth,the public participation mechanism is not sound In view of the defects of the current normative document filing and review system,it is necessary to improve the filing and review system from the following aspects.First,the scope of archival filing and examination should be clearly defined,and the normative documents that should be included in the scope of examination should be distingui shed from those that should not.Secondly,the standards for archival filing and examination should be unified and detailed,and the legality and appropriateness of normative documents should be unified and clear.Third,we should improve the mechanism of record checking and error correction,establish and perfect the mechanism of prior intervention,perfect the procedure of correction,and establish the mechanism of reporting the situation after the fact.
Keywords/Search Tags:Normative documents, Filing for review, Standing committees of local people’s congresses, legislative oversight
PDF Full Text Request
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