Due to the complexity and sensitivity of recording and review system,which has not yet been legislated.It is one of the most difficult issues requires to be solved in the future.In practice,the legislature has made bold explorations and drafted a variety of legislative schemes concerning retroactivity.Though it has not yet been finalized,a certain amount of experience has been accumulated.The typical cases have been selected to study the deciding method and measuring standard of retroactivity,which has made the preliminary progress.China's legislation about the retroactivity of recording review needs to establish the basic principle of whether to apply retro-activity,and then adopt a typological approach to distinguish different retroactive objects,so as to finally form a systematic structure,which will bring different results,clear framework with appropriate hierarchies.It is sugges-ted that The Recording and Review Law of the People's Republic of China acted in the future should specifically stipulate retroactive provisions.It should obey the guiding rule of taking the principle of non-retroactivity but applying retroactive exceptions,and list the retroactive exceptions in detail,such as judicial rulings,administrative acts,related normative documents,and other acts of public power.At the same time,flexibility of discretion should be reserved,for the purpose of dealing with possible special occasion through interest measurement.
关键词
备案审查/溯及力/类型化/利益衡量
Key words
Recording and Review System/Retroactivity/Typology/Benefit Measurement/Legislative Sug-gestion
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