On the Theoretical and Institutional Development on the Decision to Suspend the Validity of A Norm During the Recording and Review
Owing to the design flaws in the system of China on recordingand review including insufficient rigor,burdensome operational procedures,and being time-consuming,it fails to promptly safeguard public interests or citizens'fundamental rights compromised by systemic discrimination or regulatory encroachment.Consequently,it is essential to establish a system of deciding to suspend the validity of a norm in the recording and review to prevent the final decision of the recording and review from losing its substantive significance and effectiveness due to procedural procrastination.The"Decision to Suspend the Validity of A Norm During the Recording and Review"refers to that the Standing Committee of the People's Congress at various levels may decide upon application or authority to suspend the validity of the legal norm at issue in order to prevent citizens'rights or public interests protected by the law from hardly recoverable and serious injury when it is urgent.The system of judicial suggestion on suspending a normative document in in Administrative Procedural Law of China enjoys the embryonic form of a similar system,and the abundant theoretical and practical experiences from German law attest to the positive utility of such system.The decision to suspend the validity of a norm during the recording and review may be made in the urging or disposing phases of the recording and review for the final decision,but must pass the examination of both procedural and substantive elements.The significance of establishing a decision to suspend the validity of a norm during the recording and review lies not only in refining the recording and review procedure itself but also in letting the final decision of recording and review play its role of protecting immediate interests in a timely manner.
Recording and ReviewDecision to Suspend the Validity of A NormReview Mechanism
万方数据
维普
