On the Regulation of Documents Jointly Issued by the Party and Governments Based on the Single Nature as Party Documents
In practice,documents jointly issued by the Party and governments trigger debates on whether they should be reviewed by the People's Congress,disclosed as administrative information,and subject to judicial review in litigation.Academics also have differing views on the nature of these documents,categorizing them as"single-na-tured","dual-natured",or"composite-natured".The"single-natured"theory which classifies documents jointly is-sued by the Party and governments as the Party's documents,remains the optimal theory with consideration of factors such as political realities,the cost of institutional reform,and the integration of theory and practice despite its limita-tions,such as restrictive supervision of administrative organs by other state bodies and denying citizens'access to ad-ministrative reconsideration and judicial remedies.To address the shortcomings of the"single-natured"theory,it is essential to strengthen the examination of the necessity for joint issuance during the drafting and review process to pre-vent the inclusion of non-party administrative matters in these documents.Citizens should also have access to admin-istrative reconsideration and litigation if actions are taken based on these jointly issued documents.Although adminis-trative reconsideration bodies and courts lack the authority to conduct incidental reviews of the jointly issued docu-ments,they should communicate with the relevant bodies of the Party responsible for filing and review,providing sug-gestions for corrections.
documents jointly issued by the Party and governmentsregulations of the Partynormative docu-ments of the Partyfiling and reviewdisclosure of informationincidental review
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