Research On The Filing And Review Of Normative Documents In The Local "two Houses"

The law stipulates that the people's courts and people's procuratorates shall independently exercise judicial and supervisory powers in accordance with the law,and shall be subject to the supervision of the People's congresses and their standing committees.The power of supervision of the People's congresses and their standing committees is conferred by the Constitution and the law,and the exercise of the power of supervision by local people's congresses and their standing committees over the local two houses,through the consideration of work reports,the examination of inquiries,inquiries,the investigation and discussion of specific issues,and the consideration and decision of whether or not to dismiss or dismiss cases,etc.,but these methods of supervision are too weak and weak,can Not play a very good supervisory role,as a result of many problems appear.The power of judicial interpretation is stipulated by law to be vested in the Supreme People's Court and the Supreme People's Procuratorate.The supervision of judicial interpretation is clearly stipulated in the supervision law,and the NPC and its Standing Committee shall review it for the record according to law,however,there is no clear answer from the central level as to whether local judicial normative documents should be included in the scope of archival review.However,relevant regulations have been issued by local governments one after another,to bring the normative documents of the local two chambers into the scope of filing and examination.At present,the supervision law regulates how to supervise the relevant regulations,measures,trial guidance and other normative documents issued by the local bicameral system,and whether they should be included in the scope of filing and examination.In practice,however,it is quite common for the local judiciary to issue judicial normative documents,which play an important role in the judicial process of the local courts and often involve the issue of judicial fairness,it is the basis of judgment in relevant cases,and is closely connected with the rights and interests of relevant parties.According to the search results on the official websites of local courts and local procuratorates,there are hundreds of judicial normative documents issued by local high courts alone,which contain various kinds of normative documents in the form of opinions,regulations and measures,etc.,these normative documents can be divided into two main categories: one is the judicial practice category,which mainly refers to relevant legal issues arising in accordance with the relevant legal provisions and judicial interpretations,or in specific cases,applicable Law and understanding documents prepared by the local judiciary.Such documents appear mainly in the field of civil,commercial or procedural law,such as issues of property preservation,issues of small claims and,in some cases,also in the field of criminal law,such as issues of sentencing standards.The other category is administrative documents,mainly referring to the internal administrative management of the court,such as personnel management,clean government management,trial management and so on,a series of documents issued by local courts in response to the reform of the country's judicial system fall into this category.Anhui,Hebei,Shandong,Chongqing,Xinjiang and other provinces have included the normative documents of the local two chambers in the scope of archival filing and examination,however,there is no uniform standard for the scope of filing and supervision intensity of local judicial normative documents,and there are obvious differences in different places.The Fourth Plenary Session of the 18 th Central Committee proposed that all normative documents should be included in the scope of archival review.In practice,because of the particularity of the local "two courts" issuing normative documents,there is a dispute on whether the local "two courts" normative documents should be put on record or not.In this paper,the current situation of the local "two courts" regulatory document supervision is taken as a starting point.After expounding the feasibility of its inclusion in the record review,the problems it faces in the record review are analyzed in depth,so as to put forward the corresponding consummation suggestion.