The seventh meeting of the Standing Committee of the 14th National People's Congress, which concluded on December 29, voted and adopted the decision of the Standing Committee of the National People's Congress on improving and strengthening the filing and review system, which provides an important institutional guarantee for better carrying out the filing and review work.
The record review system is an important system for ensuring the implementation of the Constitution and laws and safeguarding the unity of the country's legal system, and is also an important task for the Standing Committee of the National People's Congress to perform its duties of supervising the Constitution and laws. How to implement the principle of "everything is necessary, everything must be reviewed, and all mistakes must be corrected"?How to protect the legitimate rights and interests of citizens and organizations?The answer can be found through this decision, as well as the report of the Legislative Affairs Committee of the Standing Committee of the National People's Congress on the filing and review work in 2023, which was deliberated during this Standing Committee meeting.
For citizens and organizations, once problems are found in some regulations, they can submit review suggestions to the Standing Committee of the National People's Congress by sending them in writing or submitting them on the website of the Chinese National People's Congress.
Yan Dongfeng, director of the Legislative Affairs Commission of the Standing Committee of the National People's Congress, said that it is a basic way to review the application according to the review suggestions put forward by citizens and organizations.
According to the report, in the past year, the Legislative Affairs Committee of the Standing Committee of the National People's Congress has received a total of 2,827 review suggestions from citizens and organizations, and some "problematic regulations" involving people's livelihood and ecological and environmental protection have been discovered.
After discovering the problem, how to do a good job in the "second half of the article" to solve the problem?A case disclosed in the report provides a reference.
Some provincial-level courts, procuratorates, public security bureaus, and judicial bureaus have jointly issued documents on the handling of certain types of criminal cases, clarifying the relevant standards for judicial law enforcement. Suggestions were made for the review of this document.
After review, the Legislative Affairs Committee of the Standing Committee of the National People's Congress held that the joint document, as a judicial normative document, made specific provisions on the issue of the conviction of certain types of crimes, lowered the standards for conviction prescribed by law, and expanded the scope of application of the crimeThe content of the document is an interpretation of the specific application of law in judicial law enforcement work, which exceeds the authority of the drafting organ and does not comply with relevant laws and relevant requirements.
In the end, this "problem document" was abolished in a timely manner, and the Supreme People's Court also urged all high people's courts to organize the clean-up of trial business documents, and conscientiously do a good job in the filing and review of judicial normative documents.
Yan Dongfeng introduced that the decision to improve and strengthen the filing and review system clarified the flexible methods such as submitting review opinions through communication, as well as the rigid methods such as making corrections and revocation decisions in accordance with the law.
In accordance with the requirements of the decision, we must supervise and correct the problems found through various means, not only to let the system 'grow teeth', but also to enhance the 'bite force' of teeth, so that the filing and review system can truly play its due role. Yan Dongfeng said.
Since the filing and review system plays such an important role in discovering and solving problems, how to expand the coverage of this system and attract more people and organizations to participate in it?
Yan Dongfeng introduced that in accordance with the relevant requirements of the decision, in the future, the channels for the expression of the masses' demands will be further unblocked, the review suggestions will be further improved, the review and feedback platform will be further improved, the research, review and feedback processes will be optimized, and the ways and means of collecting review suggestions and listening to the opinions and suggestions of the masses will be explored through the grassroots legislative contact points, so that the record review will be truly close to the people's hearts and solve people's worries.
It has been learned that the Legislative Affairs Committee of the Standing Committee of the National People's Congress has explored the establishment of a system of guiding cases for filing and review, clarifying the standards for the same type of issue through cases for the reference of society, other state organs, and local people's congresses.
In the future, we will further strengthen the case guidance system for filing and review work, further give play to the role of guiding cases, and disclose them to the whole society through various channels, so as to increase the participation of the society in filing and review work. Yan Dongfeng said.
Reporter: Liu Shuo, Ren Qinqin.