| As a fruitful legislative supervision system,Chinese Filing-Review System plays an important role in improving the quality of local legislation and implementing scientific legislation in the context of the increase of local legislative bodies.Current academic research on the Filing-Review System mostly focuses on the legality review,and most of them cut through the legality review standards,and the attention to the appropriateness review is insufficient.With the deepening of the concept of"Law-based Legislation",the legality problem in local legislation will gradually decrease,and the appropriate judgment of local legislation will become a new problem to be solved.Staff of practical department generally reflect that the standards of appropriateness review are abstract and difficult to operate,and legal theory research should respond to this in a timely manner.Compared with legality review,appropriateness review is more subjective and full of value judgments,so it is unrealistic to follow the research approach of legitimacy review from the perspective of review standards.Based on this,this paper attempts to change the research approach,from the review standards to the review method,by introducing the principle of proportionality,to construct a set of operable methods for the appropriateness review of local legislation.This paper consists of three parts:introduction,main text and conclusion.The main text is divided into four chapters:Chapter 1 mainly combs the development and basic connotation of the principle of proportionality from the perspective of historical investigation and semantic analysis which provides theoretical support for the specific development and application of the principle of proportionality in appropriateness review.Chapter 2 demonstrates the feasibility of introducing the principle of proportionality into appropriateness review from the aspects of the methodological nature of the principle of proportionality,the coincidence with appropriateness review in value concept and pursuit,and the advantages of operation technology.Chapter 3 elaborates on the specific development and methods of the principle of proportionality in appropriateness review from four aspects,namely,the examination of purpose legitimacy,the examination of appropriateness,the examination of necessity and the examination of equilibrium,and gives corresponding countermeasures to some of the difficulties.Chapter 4 uses the method of case analysis to verify the appropriateness review method constructed in this paper in the case of "Excess Birth or Dismiss". |
