地方性法规备案制度论

在我国的法律体系中,备案是一种非常重要的制度,应用十分广泛。地方性法规制定权的下放是 中央和地方立法纵向分权的产物。备案制度作为立法制度的重要组成部分,是立法监督的重要形式。其着眼于 公平和效率的平衡,着眼于普遍性和特殊性的平衡,进而防止立法权的滥用和异化。但在现实运作中,它却发生 了异化。为此,需要从规范、机制和环境三方面对其进行完善。

The Theory of Putting Local Regulations For Records

In Chinese law system, the system of serving as a record is very important and widely used. Local regulation is the result of legislative power's partition between country and province. The system of serving as a record is an important form of legislative intendance. Its first value is the balance between justice and efficiency. Its second value is the equation between universality and particularity. Its purpose is to avoid the dissimilation of legislative power. But it alienates in practice, so we should improve it in three ways: criterion, mechanism and environment.