Strengthen the implementation of the constitutional implementation supervision and promotion of record review

In October 2021, General Secretary Xi Jinping delivered an important speech at the Central People's Congress Working Conference to put the "comprehensive implementation of the constitution" at the primary position of strengthening and improving the work of the people's congress in the new era. Examine the quality of work and resolutely correct illegal and illegal acts. The Party Central Committee incorporates the record review work in the strategic category of comprehensively implementing the constitution. It is based on a deep grasp of the scientific understanding and accurate positioning of the recruitment and review functions on the basis of grasping the development of my country's fundamental political system and the construction of socialist rule of law.

Regular document filing review is a constitutional supervision system with Chinese characteristics, the foundation and focus of the constitutional supervision system, and a legislative supervision system in line with China's national conditions. The filing review is rooted in the deep soil of the people's congress system, fully practiced the entire process of people's democratic concepts, safeguarded the legitimate rights and interests of the people, and assumed the important mission of defending the legal authority of the Constitution and maintaining the unity of the country's rule of law.

An important authority of the Standing Committee of the National People's Congress is to supervise the implementation of the Constitution and ensure that the national rule of law is unified. The Standing Committee of the National People's Congress in depth implementation of the decision -making and deployment of the Party Central Committee, and continuously strengthened the filing and review work. According to laws, the administrative regulations formulated by the State Council, the supervision regulations formulated by the State Supervision Commission, the judicial interpretation of the Supreme People's Court and the Supreme People's Procuratorate, the local regulations formulated by the local people's congress and its Standing Committee, as well as the legislature of the Hong Kong and Macau Special Administrative Region The laws and laws must be submitted to the Standing Committee of the National People's Congress within 30 days after the announcement.

Since the 18th National Congress of the Communist Party of China, the Standing Committee of the National People's Congress has received 1,4261 laws, judicial interpretations, and laws of special administrative divisions in accordance with the law, of which 365 are administrative regulations, 1 supervisory regulations, 12,897 local regulations, and 630 judicial interpretations. There are 368 laws in Hong Kong and Macau Special Administrative Region. The legal system of the National People's Congress Standing Committee of the National People's Congress takes the initiative to review the regulations, judicial interpretation and special administrative division laws, and corrected the illegal and illegal laws and judicial interpretations. For example, the provisions of reviewing and correcting local regulations on the traffic accidents of public security organs can consult and copy the party's communication records when investigating traffic accidents;

While reviewing the relevant regulations and judicial interpretation of the filing in accordance with the law, in order to implement the implementation of major decision -making deployment and cooperation of important laws in the Party Central Committee, the Standing Committee of the National People's Congress also deployed regulations, judicial interpretations, rules, etc. Special review and centralized cleanup of various standardized documents. For example, in order to win the battle against pollution, deployment and promoting various regulations, judicial interpretations, rules and other regulatory documents in the field of ecological environmental protection in the deployment and promotion of various regulations, etc., a total of more than 1,2500 pieces were modified and abolished; The deployment and development of centralized cleanup involving the relevant provisions of the Civil Code, and promoting the formulation of more than 2,800 regulatory documents for the formulation of agencies. Since 2017, the Standing Committee of the National People's Congress has deployed a total of nine special review and centralized cleanup, and has promoted more than 2,3800 cases of modification, abolition of regulations, judicial interpretations, regulations and other standardized documents for the formulation of authorities. Through this work, the standardized documents formulated by various countries in various countries are coordinated with constitutional laws in terms of content, ensuring that constitutional law is followed, and the harmonious unity of my country's socialist legal system is guaranteed.

Adhering to and developing the whole process of people's democracy is an important principle of filing and review. The filing review system provides a direct way for ordinary citizens and social organizations to participate in the construction of the country's rule of law. According to relevant laws and regulations, any state organs, social organizations, and individuals of citizens, if they think that administrative regulations, supervision regulations, judicial interpretations, and local regulations are conflicted with constitutional laws, they can submit a review suggestion to the Standing Committee of the National People's Congress. The Standing Committee's legal system conducts research, and the review procedure is started if necessary. In addition to sending review suggestions in writing, agencies, organizations, and citizens can also submit review suggestions on the Internet to submit review suggestions through the official website of the National People's Congress. In the past ten years, the Standing Committee of the National People's Congress received more than 14,000 reviews submitted by institutions, organizations and citizens, of which more than 6,000 were sent in writing and more than 8,000 items submitted online. The legal system of the Standing Committee of the National People's Congress to register and study these review suggestions one by one, and communicate directly with the agencies, organizations and citizens that make review suggestions when necessary and listen to their opinions.

In recent years, the Standing Committee of the National People's Congress has continuously increased its work in this regard, promoted the formulation of the formulation of authorities to revise and abolish the relevant provisions of the vital interests of many people, and effectively protect the legitimate rights and interests of citizens. For example, according to the citizen's review suggestions, promote local adaptation to the adjustment and change of family planning policies, abolish the regulations of "superborn is expels"; promote the Supreme People's Procuratorate to abolish the arrest system; Urban and rural differences in the calculation standard of personal damage compensation; and so on. The research and processing process of these review suggestions realized the healthy interaction between the Standing Committee of the National People's Congress, relevant legislation and judicial organs and the people, reflecting the actual effects of citizens' participation in the record review work, and effectively safeguarding the legitimate rights and interests of citizens.

As General Secretary Xi Jinping pointed out, democracy is not a decoration, not for decoration, but to solve the problems that the people need to solve. From the timely starting review procedures in accordance with citizen's review suggestions, to the opinions and suggestions of the people extensively, to the people's opinions and suggestions, to the timely feedback to citizens, disclosure to the society, and the filing review system continues to enrich the practice of the people's participation in the construction of the country's rule of law construction. Connotation is a full manifestation of the people's democracy in the process. In October 2021, General Secretary Xi Jinping delivered an important speech at the Central People's Congress Working Conference to put the "comprehensive implementation of the constitution" at the primary position of strengthening and improving the work of the people's congress in the new era. Examine the quality of work and resolutely correct illegal and illegal acts. The Party Central Committee incorporates the record review work in the strategic category of comprehensively implementing the constitution. It is based on a deep grasp of the scientific understanding and accurate positioning of the recruitment and review functions on the basis of grasping the development of my country's fundamental political system and the construction of socialist rule of law.

Generally speaking, the system and capacity building of the filing review is still in the initial stage and the starting period, and it is also a historical period of the ascendant and great historical period. Compared with the goal of the Central Committee of the Party Central Committee, there is still a lot of room for development. With the continuous advancement of the process of governing the country in accordance with the law, reform and the construction of the rule of law have entered the "tackling period" and "deep water zone". The contradictions that need to be coordinated in the legislation are increasingly more and more complicated. It is getting higher and higher. At the same time, the constitutional supervision and filing review system needs to make theoretical improvement on the basis of summary practice, continuously deepen understanding, and further strengthen theoretical research. In order to meet the strategic needs of the new era to promote the construction of the country's rule of law, we must continuously improve and improve the filing review system, continue to strengthen the construction of filing review capabilities, improve the informationization and intelligence level of filing review work, and increase the supervision and correction of unconstitutional and illegal issues. Maintaining constitutional legal authority to ensure the unity of the country's rule of law, more effectively ensuring the implementation of the party's central government's decision -making deployment and implementation, and fully reflect the people's will and protect people's rights.

(The reprint should be complete, accurate, and indicate the source and author information)

Author: Zhang Yong (Deputy Director of the Legal Working Committee of the Standing Committee of the National People's Congress)

Editor: Gong Yixi

Responsible editor: Zhang Yuzhen

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