On The System Ofreview Suggestions In China’s Legislative Law

This paper mainly studies the system of review suggestion in our country’s legislative law.This system is mainly stipulated in Article 99,paragraph 2,of the Legislative Law.It stipulates that organs and social organizations,enterprises and institutions in other countries,as well as citizens,who think that administrative regulations,local regulations,autonomous regulations and individual regulations are incompatible with the Constitution or laws,may refer to the people’s representatives of the whole country.The Standing Committee of the General Assembly shall submit proposals in writing for review,which shall be studied by the working body of the Standing Committee and,if necessary,sent to the relevant special committees for review and comments.Through the normative analysis method,i.e.through the analysis of the relevant provisions of the Legislative Law on the system of reviewing suggestions,we can find the legislative defects of the system of reviewing suggestions in China.Then through the literature research method,i.e.through the collation of the relevant literature of the system of reviewing suggestions,we can understand the current research situation of the system in academia,and find that the current system has not been solved or needs to be solved.To further solve the problem,so as to clarify the direction ofthis study,found that the system of review proposals has the following shortcomings,such as the main qualification conditions,the concept of subject qualification;the lack of the object of review;procedures,including the lack of case acceptance "filtering mechanism",lack of case feedback mechanism,lack of openness,lack of effectiveness of case handling results;lack of time limit.Through the study of the relevant systems of other countries,we can learn from the advanced systems of other countries,clearly put forward the main qualifications and concepts of the review proposals,increase the object of review,set up the "filtering mechanism" for the acceptance of cases,and improve the feedback mechanism of cases.The results should be made public and the effectiveness of the case handling results should be clarified;the prescription system should be established;the way of assuming responsibility for unconstitutional violations should be improved;and the review organs should be clarified.From the above aspects,we should improve our system of review and suggestion,so as to promote our constitutional review,ensure the implementation of the Constitution,and ultimately ensure the realization of human rights.