Research On Standards For The Filing And Review Of Normative Documents Of The Standing Committee Of The Provincial People’s Congress

The regulatory document filing and review system is a constitutional supervision system with Chinese characteristics and an important component of the People’s Congress system.Since the implementation of the Supervision Law in 2007,the regulatory document filing and review system of the Provincial People’s Congress Standing Committee has been officially established.Subsequently,many provincial People’s Congress Standing Committees in China have issued relevant regulations on regulatory document filing and review,making specific and detailed provisions for the filing and review work.Since the implementation of the regulatory document filing and review system by the Standing Committee of the Provincial People’s Congress,this system has actively played a supervisory role in local legislation for over a decade and is an important component of China’s legal supervision system.This system is of great significance for maintaining the unity of China’s legal system,further standardizing the localization of legislation,and safeguarding the legitimate rights and interests of citizens.However,with the deepening of the practice of filing and review in China,the problems highlighted in the implementation process have become increasingly apparent.The specific provisions on the standards for filing and review of normative documents in different regions are not consistent,and the implementation of the system for filing and review of normative documents by the Standing Committee of the Provincial People’s Congress has not yet achieved the expected results.Given the large number of people’s congresses at or above the county level in China,this article mainly focuses on the normative document filing and review regulations or work regulations issued by the Standing Committee of the Provincial People’s Congress.The study focuses on the application of standards in the four major types of filing and review,and combines relevant cases to focus on the specific problems reflected by the filing and review standards in the process of national governance,and analyzes the relevant causes,Propose corresponding improvement suggestions for the system.Based on this,this article mainly conducts research from the following parts:The full text is divided into five parts.The first part is the introduction,which briefly introduces the background and significance of the topic selection,the current research status in China,and explains the main research methods used in this article,such as literature research and empirical analysis.The second part briefly discusses the normative basis of the regulatory document filing and review system,mainly including the legal basis and its provisions.The third part combines typical cases published by the Legal Working Committee of the National People’s Congress and some cases encountered by the Standing Committee of the Provincial People’s Congress in practice to analyze the implementation problems that may exist in the application of constitutional review standards by China’s filing review agencies in practice,the possibility of cross competition of standards in legality review,unclear understanding in policy review standards,and operational difficulties that may arise in appropriate review standards.The fourth part analyzes the reasons for the above issues,and concludes that the main reasons include insufficient argumentation and reasoning during the review process,ambiguity in relevant provisions of the review standards,and insufficient understanding of the importance of the review standards.The fifth part proposes feasible suggestions for China’s filing and review standards,aiming to improve the relevant provisions of China’s normative document filing and review standards,and better leverage the practical effectiveness of the provincial people’s congress standing committee filing and review system.