Study On The Record Review System Of Normative Documents

With the Standing Committee of the National People’s Congress adopting the Measures for Filing and Reviewing Regulations and Judicial Interpretations,regulations on filing and review have been introduced and reports on filing and review have been released around the country,positively responding to the discussions on the filing and review system in the theoretical circles.As an important constitutional supervision system in China,it is of great practical significance to improve the operation mechanism of the record review system.From the logic of the operation of the record review system,the following important mechanisms in the process of practice has shown various shortcomings,the urgent need to improve:First,the initiation mechanism.Its procedures are mainly divided into active review mechanism,passive review mechanism and special review mechanism,in which active review and passive review in theory should play an equally important role,but in reality there are often "Emphasis on active procedures,but neglect passive procedures"phenomenon.Second,the articulation of the linkage mechanism.In the process of filing review,the need for different subjects to collaborate,but subject to the reality,the existing communication system is still in some parts of the need to improve efficiency,the lack of a fixed mechanism to protect the efficient operation of communication and consultation.Third,defective documents processing mechanism.As the result of the record review process,most of the normative documents only have some defects,the entire document will be withdrawn or required to be amended or repeal will waste huge resources.Fourth,the public participation mechanism.With the in-depth development of the whole process of democracy,the role of the public in the record review process is increasingly important.The current mechanism for public participation in the review of the record,the exercise of supervision still has various defects.Improve the above working mechanism should be based on the theory combined with the actual,from the court to start the passive review mechanism,joint meetings and tripartite review mechanism,defective documents processing mechanism,filing review information feedback public and review of the proposed review mechanism and other perspectives to achieve the long-term development of the record review work.