行政规范性文件合法性审核机构法律责任研究

On Legal Responsibility of Legality Review Agency for Administrative Regulatory Documents

在行政规范性文件合法性审核机构的确定中,国务院发布文件的审核机构、党委和政府共同印发文件的审核机构、司法行政机关内部合法性审核机构的确定等问题值得关注。合法性审核机构承担法律责任的依据,呈现出以国家层面政策性文件为指导,地方各自为政的局面。追责可以通过备案审查、监督检查、外部附带审查、法治督察、异议审查等路径得以实现。提升审核机构的法治能力、辅之以审核管理信息平台建设,因文件类型的不同而区分审核机构的法律责任,这必将对审核机构依法承担责任提供有力保障。

In the determination of the legality review agency for administrative regulatory documents,how to determine the review agency for documents issued by the State Council,for documents jointly issued by the Party Committee and the government,and for documents within the judicial administrative organs,is a problem worthy of our attention.The basis,on which the legality review agency shoulders the legal responsibility,is guided by the national policy documents but varies in the local governments.Accountability can be achieved through such means as filing and review,supervision and inspection,external incidental review,rule by law,and objection review.The essential ways,including enhancing the review agency’s ability to rule by law,supplemented by the construction of a review management information platform,and distinguishing the legal responsibility of the review agency due to different types of documents,will certainly provide a strong guarantee for the review agency to assume legal responsibility according to law.