Research On The Pre-review System Of Normative Documents

With the deepening of our country under the rule of law process,modern administrative affairs has become increasingly complex,with the implementation of laws and regulations,carry out the policy of the higher purpose of abstract administrative act must be in the form of normative documents,the abstract administrative act is likely to infringe on the administrative relative person legitimate rights and interests,and the violation of social influence scope broad,deep,even can remedy,can cause waste of state administrative resources.In order to avoid the consequences of infringement as much as possible,a pre-examination link is set up in the legislative process before the publication of administrative normative documents.This paper mainly studies the relevant system of the prior review of normative documents,which is the result of statistics,analysis and summarization of 53 regulations and measures related to the prior review of normative documents formulated and promulgated by some ministries and commissions of the state council,directly affiliated institutions and various local people's governments(including municipalities directly under the central government)since 2006.In the administrative management of China,there are a large number of normative documents below the rules and regulations,involving a wide range and complicated contents.How to effectively regulate these numerous normative documents is a huge project,is a process of constant exploration in practice,is also a very rich Chinese characteristics of the system.In the case of weak theoretical research,the central and local administrative organs at all levels have gradually explored a more mature approach in the process of formulating methods or stipulating the prior review of normative documents.The political and legal practices have promoted the theoretical research on the prior review system of normative documents.The first part clearly points out the basic concepts and characteristics of normative documents,and summarizes the value of reviewing normative documents in advance.The second part,based on the samples of normative documents of some state council departments and provincial people's governments,analyzes and compares the provisions on the prior review of normative documents in relevant existing regulations and regulations of China by empirical method.This part is the core part of this paper,which takes up a large part of the paper,and the workload is large and tedious.This part summarizes and interprets the central and local rules and regulations on normative documents from the perspective of review subjects,review methods,review standards,review contents and review results,and points out the deficiencies of relevant rules and regulations on prior review of normative documents.The third part briefly introduces the relevant provisions of similar policies and administrative norms prior review in the United States and Japan,and analyzes the enlightenment on further improvement of the prior review system in the formulation of normative documents in China from the perspective of comparison with China's national conditions.The fourth part is the summary of the previous section,in combination with the analysis of the status quo of normative documents prior censorship in a comparative perspective and put forward which can be used for reference in coordination prior review with other division of censorship,improving ways of examination,it has clear standards review,available for improving Suggestions,hope to improve the regulatory documents prior censorship system in our country is a little inspiration.