Administrative Normative Documents Government Filing Review Research

The filing and review system originated in the field of legislative supervision of the people’s congress,but with the increase in the number of administrative normative documents,it has also been extended and used in the field of administrative supervision.As an internal supervision method of the administrative system,the government filing and review of administrative normative documents means that the formulating organ submits administrative normative documents to the government filing and review body within the specified time limit and in accordance with procedures and requirements,and the review body conducts the review in accordance with laws and regulations,and submits review suggestions to the formulating organ.The government’s filing review plays a supervisory role for the formulating authority,and is also a prior guarantee for the rights and interests of administrative counterparts.However,how to delineate the scope of review,determine the legality and reasonableness of the review standards,and how to refine the specific rules such as the submission of materials,review standards,review procedures,and handling mechanisms in the filing process of government filing review require in-depth research.This paper intends to conduct research and analysis of its substantive and procedural issues through the research methods of literature retrieval and empirical analysis,so as to discover problems and learn practical experience to improve the government filing review system.The first part of this article is an overview of the review of government filings of administrative normative documents.Mainly starting from its conceptual and theoretical foundation,and comparing it with the NPC filing review and judicial incidental review,summarize its current situation and analyze the necessity of improvement.The second part is the substantive basis for the government filing and review of administrative normative documents.From the perspective of legality and reasonableness review,the legality criteria include legality of the formulating entity,legality of the formulating content,and legality of the formulating procedure;Reasonableness criteria include reasonable purpose,reasonable content,and reasonable implementation measures.The third part is the procedural norms for the government filing and review of administrative normative documents.Including the materials submitted in the filing process,the method for determining the scope of the review,the review procedures,and the order in which the review standards are applied.The fourth part is the handling mechanism for government filing and review of administrative normative documents.Analysis of several processing methods:determination of legality and reasonableness:filing and registration;Minor procedural violations:correction within a time limit;Manifest illegality and impropriety:revoked or changed as appropriate;Serious consequences:non-filing,accountability.The fifth part is to propose a path for improvement in response to the problem.From the perspective of refining substantive standards,legality review is the mainstay,supplemented by reasonableness review.From the perspective of standardizing procedural mechanisms,the legality basis for the filing of the filing process is required to be submitted by the formulating authority;Adopt the principle of substantive impact in clarifying the scope of the review;The review process adopts a three-level and four-instance model.From the perspective of improving the processing mechanism,the fourlevel classification processing mode is adopted.Both the form and substance are legal and reasonable:registration and filing;The substance is legal and reasonable,but the form is illegal:the filing is suspended;Legal in form,illegal in substance:revoked or corrected;Substantive and serious violations:Pursue administrative responsibility.From the perspective of establishing supporting systems,improve the implementation rules for government filing review;Establish a system of accountability for document violations;Establish review and handling opinions and improve the interpretation system.