备案审查中建议自纠机制的合理性基础、运行状况与优化建议

The Rational Basis,Operation Status and Optimization Suggestions of Self-correction Mechanism through Suggestion in the Record Review System

全国人大及其常委会分别通过《立法法》《监督法》确立了备案审查中的建议自纠机制。这一机制的确立不但有助于减轻全国人大常委会的工作负荷,而且丰富了全国人大常委会的审查处置方式,有助于妥适解决规范抵触的问题。与此同时,这一机制整体上也合乎专门委员会、常委会工作机构的职能定位。近年来,建议自纠机制的运行状况逐渐偏离了法律文本,合法性略显不足。宪法和法律委员会成立后,建议自纠机制仍有一定的必要性,但宜适度调整。为了优化规范性文件审查机制的运行效果,法工委不宜再承担督促制定机关自行纠正违宪法规的职责,而建议自纠机制也宜被调整为可供审查机构选择的机制。

The National people’s Congress and its standing Committee have respectively established a self-correction mechanism through suggestion in the record review system through the Legislation Law and the Supervision Law.The establishment of this mechanism not only helps to reduce the workload of the Standing Committee of the National People’s Congress,but also enriches the examination and disposal methods of the Standing Committee of the National People’s Congress,which contributes to solving the problem of conflicts of norms.At the same time,on the whole,this mechanism also accords with the functional orientation of the working bodies of special committees and standing committees.In recent years,the legitimacy of the self-correction mechanism through suggestion has been weakened slightly by the fact that its implementation has gradually deviated from legal texts.After the establishment of the Constitution and Law Committee,there is still a certain need for the self-correction mechanism through suggestion which should be adjusted appropriately.In order to optimize the operation effect of the review mechanism of normative documents,the Legislative Affairs Commission should not assume the responsibility of urging the legislative bodies to self-correct the unconstitutional regulations,and it is suggested that the self-correction mechanism should also be adjusted for a mechanism which can be selected by review bodies.