Study On The Filing And Scrutiny Of Department Regulation

Departmental regulations are an important part of our legal system,It is also an after-the-fact legislative supervision.The departmental regulations filing and scrutiny system has been implemented for many years,and it plays an important role in improving the quality of legislation and maintaining the unity of the legal system.However,with the development of society,the system shows a certain lag,and some aspects cannot meet the needs of practice.Based on practical needs,this paper attempts to build a perfect filing and scrutiny system for departmental regulations on the basis of maintaining the unity of the legal system.The research idea is to put forward targeted improvement suggestions on the basis of objectively presenting the current situation of the system and taking into account the dual needs of theory and practice.First of all,clarify the connotation of the relevant concepts of the system,clarify the purpose and background of the system,and analyze the value and function of the system,so as to fully understand the nature and orientation of the departmental rules filing and scrutiny system.Compare it with similar concepts,including the constitutionality system,the filing and scrutiny system of other types of legislative documents,the legislative supervision system of other departmental regulations,and the foreign delegated legislative supervision system.In order to highlight its particularity and clarify the value of the topic.Secondly,this article will analyze the legislative status of the system from subject,standard,procedure,responsibility,and summarize the practical status of the system,so as to present the whole picture of the system.Thirdly,summarize the problems faced by the system from two aspects of legislation and practice.Legislative issues are mainly analyzed from four aspects.One,the subject of censorship has limitations,and self-censorship has theoretical difficulties.Two,the review standards are ambiguous,making the review inefficient.Three,the review procedures are not perfect,and there are still many areas that need to be improved.Four,the accountability mechanism is not comprehensive.The deficiencies in practice are mainly due to the lack of record-filing review capabilities,resulting in low efficiency of record-filing review work.In addition,The non-standard operation of the record-filing procedure has resulted in poor results of practice.Finally,in response to the above problems,this article intends to optimize the filing and scrutiny system of departmental regulations by starting from the systematization and consistency of legal provisions,combining the experience of the filing and scrutiny system of other normative documents and the relevant experience of foreign legislative supervision systems.In terms of legislation,it is recommended to strengthen the supervision of the People’s Congress,clarify the review standards to improve review efficiency,improve review procedures to facilitate practice,and strengthen accountability mechanisms to strengthen institutional rigidity.In terms of practice,it proposes corresponding improvement suggestions on the review capacity and the procedures.Hope to establish a perfect system for filing and reviewing departmental rules and regulations.