Research On The Initiation Procedure Of The Constitutional Review Of Local Regulations

In March 2023,the second revision of the Legislative Law was officially implemented,marking the further improvement of China’s constitutional review normative system based on Article 67 of the Constitution and Article 110 of the Legislative Law.The initiation procedure of the constitutionality review of local regulations is a pre-procedure that screens the corresponding cases to enter the substantive constitutionality review through formal constitutionality review,and has the direct function of “filtering” the constitutionality review cases of local regulations.However,the current normative system does not clarify the start-up procedure of the constitutionality review of local regulations,which makes the procedure operation of the constitutionality review of local regulations fall into the predicament of “system idling”.Improving the start-up procedure of the constitutionality review of local laws and regulations has the function of perfecting the normative system of the start-up procedure of the constitutionality review,activating the “filtering” function of the startup procedure of the constitutionality review,and continuously exerting the value function of guaranteeing the normal operation of constitutional supervision.This paper takes the content of the start-up procedure of the constitutionality review of local laws and regulations as the research approach of “starting subject-screening criteria-other elements”,through normative analysis and case analysis,on the abstract review startup procedure,specific review start-up procedure,and start-up procedure screening criteria,and other elements of the start-up standard,clarify the specific structure and value functions of the start-up procedure for the constitutionality review of local laws and regulations,and propose to clarify the duties and powers of the Standing Committee of the Provincial People’s Congress to start the review,limit the qualifications of subjects such as citizens to submit review suggestions,and standardize and improve The contents of the “screening criteria” should be improved by constructing a mechanism for the transfer of cases submitted by the court of litigation,determining the time limit for initiating procedures and the feedback mechanism,and standardizing the format requirements for review suggestions,etc.There are four problems: the deviation of the positioning of the agency,the ambiguity of the selection criteria for the start-up procedure,and the lack of clarity in other elements such as the system connection of the start-up procedure and the time limit for feedback.It is also suggested to improve the initiation procedure of constitutionality review with the Supreme People’s Court starting the specific review as the main path,and other subjects starting the abstract review as the supplementary path,so as to give full play to the function and role of the judiciary in the initiation procedure of the constitutionality review of local regulations.