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Practice reflection and rule amendment of legislative review system of normative documents

Zhang Yujie  
[Abstract]: With the advancement of "comprehensive review" of normative documents, legislative review system has become the focus of legal and practical circles. Based on the practical investigation of 25 sample provinces, it is found that there are many innovations in the legislative review activities of local regulatory documents on the basis of the legislative law and the supervision law, which are mainly manifested in the expansion of the scope of normative documents, the diversification of legislative review standards and the enhancement of the level of legislative review procedures. However, through the comprehensive examination of the principles of law doctrines, such as the concept of circumstantial, standardized and operational legal doctrines, only some local experience knowledge and value judgment can promote the development of legislative review system. Based on the practice innovation and legal doctrinal examination of the above normative documents, the legislative review system of normative documents in China should be amended accordingly, that is, the scope of normative documents should be determined by the exclusive legislative mode, and the judicial documents should be included in the scope of local legislative review; The standards of non conflict and legal basis, the examination standards of "violating the unification of legal system" and "inappropriate adaptation" should be added; We should improve the passive review procedure for filing.
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