Research On The Standard System Of Normative Document Recording And Review

The scientific standard of record review is the core mechanism to enhance the rigidity of the normative document record review system.At present,the normative basis of China’s standards on record review is mainly concentrated in the Constitution,legislation law,supervision law and local organic law,which is more widely distributed.Articles 36 to 39 of the Measures for Reviewing the Filing of Regulations and Judicial Interpretations stipulate the criteria of constitutionality,political nature,legality and appropriateness.A complete,logical and scientific,hierarchical and operable standard system for the review of regulatory documents requires that the review criteria should be comprehensive,coordinated,relevant and practical.Comparing the natural and real state of review standards,the current system of review standards for the filing of regulatory documents in China is still in need of improvement:First,the application of the review criteria is vaguely expressed,with abstract expressions such as "contradictory","inconsistent" and "inappropriate",bringing uncertainty to the judgment of the review authority;Secondly,there is competition and confusion between review standards,which leads to the inability of the review authority to precisely position the review standards in the practical work of filing review;thirdly,the lack of rules for the order of applying the review criteria affects the efficiency and quality of the work of reviewing normative documents for the record;Finally,the failure to differentiate the strength of the review criteria results in a waste of scarce review resources.Based on this,in order to rationalize the relationship between the review standards,improve the effectiveness of the normative document filing and review system,guarantee the implementation of the Constitution and laws,and maintain the unity of the national legal system,the current normative document filing and review standard system needs to be improved.The progression of the improvement of the normative filing review standard system can be carried out in three aspects:First of all,the boundaries of the review criteria should be clarified,the connotation of each review criterion and the basis for review should be clarified,and the circumstances of application of the review criteria should be refined and classified;The second is to determine the order of application of review standards,clarify the logical correlation between review standards,form a screening and filtering mechanism for the application of standards,and make the legality review standards and appropriateness review standards as the pre-review standards for the record review of regulatory documents;Finally,we should distinguish the review intensity of the review standards,combine the theory and practice related to constitutional review benchmarks,divide the triple review benchmarks,and construct a model of the relationship between standards and benchmarks,in which the constitutionality review standard and political review standard apply to the strict review benchmark,the legality review standard applies to the medium review benchmark,and the appropriateness review standard applies to the reasonable relevance review benchmark.The order of application of review standards and the strength of review as two strata of the standard system of normative document filing review,with a view to improving the effectiveness of filing review practice and perfecting China’s rule of law supervision system.