我国备案审查制度的若干缺陷及其完善——兼与法国的事先审查制相比较

随着<立法法>的出台和2004年5月全国人大法工委法规审查备案室的成立,预示着备案已经从一种程序性的登记制度演变为一种对立法的审查方式,即"备案审查".但是备案审查制度面临着不少的缺陷备案机关缺乏审查权;备案审查决定的冲突;备案审查性质的模糊;备案机关缺乏上位法解释权等等.对此,我们可以借鉴法国的事先审查制度来予以完善.

The Shortage and Perfect of Legislative Recording Review of China-- A Compare with Prior Legislative Review of France

With Legislation Act set down and the statute review and record office of Commission of Legislative Affairs of Standing Committee of the National People's Congress established in May, 2004, it indicates that record has evolved from a kind of procedural Register to a king of legislative review, the latter namely is recording review. However, the recording review has some shortage: such as, the recording bodies are short of the review power;the conflict with different recording review; the character of recording review is vague; the recording bodies are short of interpret power of senior statute, etc. According to these, we can perfect the recording review of China through referring the prior legislative review of France.