备案审查年报事例覆盖对象类型研究——再评2019年备案审查年度报告

On the Types of the Cases in the Annual Report on Filing and Review of Regulatory Documents in China:Revisiting 2019 Annual Report

聚焦备案审查年报事例,阐述备案审查对象建制信息,是本文的尝试。备审对象“全覆盖”,是观察备审实践的窗口和线索。2019备审年报的15件事案,显现出关于审查对象类型结构方面五项值得进一步展开讨论的明显特征:其一,地方型法规持续卫冕备审“第一重点对象”;其二,非典型备案审查对象明显降低;其三,关于全国人大常委会决定的事例重复显现;其四,行政法规首次单列涉及事例;其五,“有的”措辞突出类化处理。除了年报事例,备案审查事例的集中来源已有集中披露事例、内部交流事例,尽管披露信息还渊远待充实,备案审查案例研究的时机已经开启。

This paper is intended to focus on the cases covered by the reports on the filing and review of regulatory documents and explain how the object of filing and review is determined.The“full coverage”of the review object is a window and clue to observe the review practice in China.The 15 cases covered by the 2019 Annual Report show five obvious features that are worthy of further discussion in terms of the type and structure of the review object:firstly,the local regulations continue to constitute the“first key object”for review;secondly,the number of atypical filing and review cases has been significantly reduced;thirdly,the cases of the decisions made by the Standing Committee of the National People's Congress appear again and again;fourthly,the administrative regulations have been listed as a separate category of cases for the first time;and fifthly,the wording of“some”indicates that the establishment of the type from different specific cases has been given enough attention.In addition to the annual report cases,the major sources of the filing and review cases include cases for centralized disclosure and cases for internal communication.Although the information disclosed needs further enrichment,the time for studies on the filing and review cases has come.