Journal of Hebei University(Philosophy and Social Science) ›› 2024, Vol. 49 ›› Issue (3): 74-88.DOI: 10.3969/j.issn.1005-6378.2024.03.007

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The Legal Position,Hierarchy and Regulation of Supervisory Regulations: A Theoretical Interpretation Based on Article 118 of The Legislative Law

WANG Dan1,HU Honghong2   

  1. 1.School of Law, Tsinghua University, Beijing 100084; 2.School of Law, Zhongnan University of Economics and Law, Wuhan, Hubei 430073, China
  • Received:2024-01-10 Published:2024-06-13

Abstract: The newly revised Legislative Law of 2023 provides for the formulation and filing of the supervisory regulations of the National Supervisory Commission in the “Supplementary Provisions”,but issues such as the legal attributes,effectiveness level and filing review procedures of supervisory regulations have not been specifically expanded.Under the Chinese constitutional framework,the supervisory regulations are an important part of the socialist legal system with Chinese characteristics and also an important part of the supervisory legal and regulatory system.Through the internal comparison of the national regulatory system,it is found that the supervisory regulations are a new regulation form in Chinas legislative system,and its level should be comparable to that of administrative regulations and military regulations.Strengthening the legal regulation of the supervision regulations is an important move to deepen the reform of the national supervision system and fully promote the rule of law in the country.The specific path of regulation is to focus on the formulation,implementation,and supervision of supervisory regulations,and to amend the relevant provisions of The Supervisory Law and The Legislative Law,formulate The Regulations on the Work of Supervisory Legislation,and improve the supervisory legal and regulatory system with Chinese characteristics in the new era.

Key words: supervision regulations, legal system, filing review

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