Further improve the rigidity of the filing review system
March 12, 2024 11:01 Source: "China Social Sciences" March 12, 2024, Issue 2850, Issue 2850

Regulations、Judicial interpretation and other normative documents for post -post supervision and review system,It is the implementation of the laws to protect the constitutional law in the new era、Implementation of important institutional arrangements for the unity of legal system。The key to the record review system is not only to start、review、Treatment of high -quality promotion in various links, etc.,It is still in the results of the record review must have general binding force and mandatory execution,Make the formulation agencies and other national organs be deterred by the results of the filing review,Make sure the filing review correction "not bad tail"。"Decision of the Standing Committee of the National People's Congress on improving and strengthening the filing review system" (hereinafter referred to as "Decision"),further enhance the system rigidity and general binding force of the filing review,Let the filing review not only "grow teeth",Also with "bite force",Fully show the strength and authority of the filing review。

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"There is any necessary、Preparatory Trial、Must correct "is the" three musts "principles of the record review system。Where,"The last mile of the last mile" of the record review。"Decision" Article 13 clearly stipulates the principle of adhering to the "wrong",Article 14 adds the general binding force of the filing review decision,that is "regulations、After the judicial interpretation is corrected or revoked,Other standardized files have the same problem,The formulation agency shall be modified or abolished in time "。Whether the filing review decision bet365 best casino games has general binding force,There is no clear specification in the past。This affects the authority and effectiveness of the filing review to a certain extent,It may cause its empty rotation and fiction。such as,"The driver of the online car will not limit its local household registration", "unmarried female fertility can get maternity insurance" and other filing review cases that protect citizen rights and interests,It has not formed a general binding force nationwide。"Decision" 13th、Article 14 emphasizes the effectiveness of the filing review and attention、Strictly correct the determination and confidence of regulatory documents that are illegal and illegal。​​Future,my country should improve its supporting system,Determine the duration of the modification or abolition of the agency、The legal liability for formulating organs to be modified or abolished、The scope and method of disclosure of the filing review and the effectiveness of the written review opinion proposed by the communication and negotiation phase of the communication and negotiation stage。

 Second,"Decision" will type the record review processing results,Or the time validity of the record review。

"Decision" Article 14 It is clear that the Standing Committee of the National People's Congress must "make corrections and revoke decisions in accordance with the law",and divide the processing results。Previous,Legislative Law、Supervision Law, two different objects on regulations and judicial interpretations,Decisive method of filing review decision to revoke and give legal interpretation。The reason why the judicial interpretation does not adopt a way to revoke,The main reason is the respect and courtesy of judicial power。"Regulations、Measures for the Review of Judicial Interpretation bet365 Play online games "is consistent with the above provisions。Based on this,"Decision" added two new decisions: First, confirm the relevant regulations、Judicial Interpretation and Constitution、Legal resistance or violate the constitution、The principles and spirit of the law,It is required to formulate or abolish the agency within a time limit;、Judicial Explanation,or requesting the formulation agency to clean up。The above four methods are basically in response to the illegal level of standardized documents,Different intensity arrangements。other,"Decision" related to the type of filing review decision,It also provides institutional space for clarifying its time effect。

The time validity system for filing review is closely related to the type of filing review。Generally speaking,Specifications Files Invality include three cases: invalidation from the beginning、Immediate failure and future failure。Effectiveness since the beginning is the most stricter way to deal with normative documents,It indicates that the record review results are retrospective,That is the judicial judgment based on all the specified documents、Administrative behavior, etc. will be invalidated,The formal legal order will be restored to the status before the promulgation of normative documents。Failure to fail immediately,It indicates that the normative documents make a decision from the date of decision to the future.,to maintain the stability of the existing legal order and the trust of citizens。In the future to fail,The legal vacuum state caused by the failure of the standardized documents is more inaccurate to adjust the right protection of the object or the stability of the social relationship,So tolerate the survival of the flaws。Three cases of the failure time of bet365 Play online games the specified files correspond to,Different countries in the world have created different constitutional review decisions,If confirmed that it is unconstitutional、Expecting failure, etc.。The revocation of the establishment of the "Decision" this time、Confirm that it is illegal and illegally, and regularly modify the abolition and other types,Time problem that implies the failure of standardized files,You can rely on the decision type in the future,Gradually form a standardized document invalid from the beginning、The layered layout of immediately and in the future。

  third,my country should clearly record the effectiveness arrangement of the flexible processing stage,Highlight Chinese characteristics。

During the filing review and processing stage,my country's censorship authority has not adopted rigid means of directly revoking,Instead, communicate with the formulation agency、Encourage its self -correction,This has formed a correction strategy of "first gifts and then soldiers" and "rigidity and softness" with Chinese characteristics。my country's filing review takes flexible treatment as the normal state,Rigid treatment is just the end point in the form of the filing review system,Playing backup and affordable effects。In most cases,Flexible treatment is the real ending link of my country's filing review system。Current,The typical cases open in the report review work report are all solved by flexible treatment。

In the flexible processing stage,Formulate a modification of the organs、Abolition of standardized documents with a strong review agency will,Consensus judgment after repeated "consultations" and "running" with the review authority,Different from the "spontaneous" of the formulation agency's "spontaneous" activity。The record and review bet365 best casino games authority occupies a dominant position when communicating and negotiating,Lead and guarantee the implementation of the results of the review。other,The filing and review agency must make a special report on the special work report of the Standing Committee of the People's Congress every year,This report has a certain legal effect,To some extent, it is also acknowledged to the filing of flexible processing results。The filing and review authority gives the formulation authority amendment、Opportunities for abolishing normative files,Equivalent to confirm its violation of the upper method or inappropriate,Except for special circumstances, it is required to formulate an agency to suspend the implementation,Generally, the duration of the formulation authority will formulate a specific modification or abolition。This method of treatment may actually include the three time effect types that can be caused by the above -mentioned filing review of rigid processing decisions。Therefore, in the flexible processing stage,Although the form is modified by the formulation authority、Abolition of standardized files,But to modify、The abolition time is the starting point,The rejuvenation of the backward or the traceability of the forward still requires a case analysis,Can't generalize。What needs to be explained is,Since the formulation of the formulation authority is given during the flexible processing stage、Abandoned time,Therefore, it is impossible。In other words,Flexible treatment method has absorbed the beneficial type of "regular modification or abolition" in other countries.。

my country currently has three filing review cases specifically made special provisions on the effectiveness of effectiveness。First,The Supreme People's Court issued the "Notice Bet365 app download of the Supreme People's Court on handling the work of couples' debt disputes" (2018) in the "Article 24 Case of Judicial Interpretation of Marriage Law" (2).,For cases that have been finalized,Delivery should strictly grasp the determination of the fact that the facts are unclear、Applicable legal errors、The standard of the result is obviously unfair,Correct it in accordance with the law。2,The Standing Committee of the National People's Congress promulgated the "Decision and System of the Standing Committee of the National People's Congress on the abolition of the laws and regulations and systems of the National People's Congress" (2019),Decisions made in accordance with the law from the abolition of the education system before the acceptance education system,Those,Lift the education education,The remaining period is no longer executed。third,"Two Highs" jointly released the "Notice on the Uniformly Call the Case Relevant Issues in the Unified Case of the People's Procuratorate in the People's Procuratorate" (2023),The judgment of the legal effect that has occurred does not trace back,Do not return a review of cases that are undergoing the second instance,New Judicial Interpretation Implementation Underageous cases that have made a call decision before the implementation of the new judicial interpretation are not affected,until the case is concluded。

The above three cases preliminary attempts to solve the effectiveness of the effectiveness caused by flexible treatment methods,and relatively consistently adopt a processing method based on the principle of incompetence。my country should further explore the effectiveness system in the performance stage of the flexible processing stage,Determined subject、Decision、Effective results、Form more complete institutional system in the judgment standard,Therefore, the bet365 live casino games type selection and time validity of the record and review decision for the rigid processing stage determine the accumulation experience。

  (The author is a professor at the School of Administrative Law, Southwest University of Political Science and Law)

Editor in charge: Cui Bohan
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