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Research On The Mechanism For Filing,Review And Error Correction Of Administrative Normative Documents

Posted on:2023-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y NiFull Text:PDF
GTID:2556307043484634Subject:legal
Abstract/Summary:PDF Full Text Request
Since cities with districts were given local legislative powers by law,the number of administrative normative documents formulated has been increasing,involving various fields of society.Strengthening the supervision of administrative normative documents and promptly correcting errors such as illegality and irrationality is the only way to modernize the rule of law.Carrying out filing,review,and correction of administrative normative documents has the unique advantages of comprehensiveness,professionalism,and pertinence,and is of great significance for integrating the legal system of governing the country according to law,regulating the behavior of local governments,and safeguarding the legitimate rights and interests of citizens.The filing review and error correction mechanism has formed a relatively complete operating system,and there are clear legal provisions on the subject,standard,principle,method,and characteristics of error correction.The examination and correction of errors has achieved certain practical results,the principle of filing for review and correction has been basically implemented,administrative normative documents have been sorted out in a timely manner,and flexible error correction methods have basically adapted to the actual needs.But there are still some problems to be solved urgently: first,the local provisions on error correction standards are not completely unified,and the boundaries between legality standards and rationality standards are blurred;second,the methods of error correction based on consultation are relatively flexible,and the coercive force for error correction decisions is insufficient;third,public participation is limited,and the proportion of review suggestions is low;fourth,there is a lack of error correction and relief measures,and there is a lack of objection acceptance;fifth,the ability of the error correction team is limited,which affects the actual development of error correction work.In fact,there are not only the limitations of law formulation,the differences in the legislative level of different regions,but also the causes of the imperfection of the objection review system,the accountability system,and the review feedback system,and the professional level of the error correction team also affects the operational effectiveness of the system.In view of the shortcomings in the operation of the review and correction mechanism,some suggestions were put forward: first,based on existing legal provisions,refine the error correction standards,and clearly distinguish the connotation of legality standards and reasonableness standards;second,enhance the mandatory force of error correction enforcement,refine the conditions for applying compulsory revocation,increase the active application situation,and further clarify the legal effect of error correction decisions on the original documents;the third is to improve the guarantee for public participation in error correction work,smooth participation channels,enrich participation forms,and clarify the filtering standards for review suggestions.Establish a standardized feedback system for suggestions;the fourth is to improve the mechanism for remedying error correction decisions,promote the connection of error correction subjects,improve review provisions,explore the implementation of the suspension system,and build a third-party objection acceptance mechanism;fifth,improve the level of error correction in multiple ways,build a coordination platform for formulation,review,and error correction tracking,carry out model correction,refine accountability regulations,improve the accountability of relevant entities,introduce social intellectual resources,and strengthen the internal construction of the error correction team.In order to further optimize the operation of the mechanism for reviewing and correcting administrative normative documents,improve the efficiency of the mechanism,and strengthen legal supervision.
Keywords/Search Tags:Administrative normative documents, Filing, Review and correction, Legal supervision
PDF Full Text Request
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