Research On The Standard Of Local Government Regulation Review

Local legislation includes local regulations and local government regulation.And local government regulations,with their broad scope of adjustment and specific and clear norms,have a positive and effective role in implementing higher-level laws and carrying out local governance according to law.On the one hand,the number of local government rules shows a geometric growth trend,reflecting the situation of local government rules exerting subjective initiative and promoting local governance according to local conditions.On the other hand,when local governments benefit from the cheap governance and dividends given by local government regulations,there are also hidden dangers that local governments rely on regulations to borrow legal names and violate the law.Then,as an important institutional arrangement for supervising local government rules,filing and review is of great significance for realizing local rule of law,standardizing local legislation,and protecting citizens’ rights.However,the function of the filing and review system is inseparable from a scientific and complete review standard system.However,the connotation and classification of existing review standards are vague,unclear and detailed,and cannot respond to the needs of local practice.In view of this,how should we accurately understand the content of the review standards in the existing provisions,give full play to the positive role of the review standards in local government rules,and achieve the "landing" effect of the review standards?The purpose of this thesis is to improve the standards for the filing and review of local government rules,and the basic idea is to build local responses to the rules filing and review standards from the perspective of local people’s congresses,based on the actual difficulties.The thesis consists of five parts: Introduction,Overview,Text Analysis,Practical Obstruction,and Standard Improvement.In the part of "Introduction",it’s mainly elaborates on the thesis background,the thesis significance and the thesis methods,as well as a review of domestic and foreign research.In the part of "Overview of the Criteria for filing and Reviewing Local Government Rules".Discuss the basic issues of local government rules filing and review standards,including the characteristics of local government rules,the connotation and scope of local government rules filing and review standards,and expound the theoretical basis of local government rules filing and review standards.In the part of "Textual Analysis of The Standards for the Filing and Review of Local Government Rules",the specific provisions of the review standards are sorted out from the existing normative legal documents of the central and local governments,and combined with the current situation of the local people’s congress filing and review,the existing review standards are analyzed: the legality review standards need to be concretized,and the appropriateness review standards need to be methodized.The fourth part is "Practical obstruction of the standards for the filing and review of local government rules".Case studies were conducted on the legality review criteria and the appropriateness review standards,and the problems of the existing standards in the review practice of local people’s congresses were pointed out: the local flexibility in the legality review and the selective application in the appropriateness review.The fifth part is"the improvement of the standards for the filing and review of local government rules".As far as the legality review standard is concerned,combined with the flexible review standard,focusing on the three aspects of local creation,administrative three laws,and basic rights of citizens,the appropriateness review standard is divided into four links based on the principle of proportionality,and the appropriateness review is methodized with different review methods in different links as the starting point.