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2015年《立法法》赋予所有设区的市立法权,使我国地方立法主体实现了极大扩容,但也面临危及社会主义法制统一的风险。而建立设区的市地方性法规审查批准制度的目的,在于提高立法质量,维护社会主义法制统一。目前这一制度存在审查的标准不够明确、审查批准的程序缺失、审查之后的处理办法规定不明等问题,需要通过采取诸如明确审查的标准、细化审查批准的程序、明确审查之后的处理办法等措施,进一步完善该制度。
In 2015, the “Legislation Law” gave all municipal districts the jurisdiction of the municipalities, which greatly expanded the main body of local legislation in our country. However, it also faced the risk of endangering the unification of the socialist legal system. The purpose of establishing a system for the examination and approval of the local laws and regulations of a certain city is to improve the quality of legislation and safeguard the unity of the socialist legal system. At present, there are some problems such as the lack of clear criteria for the review of the system, the lack of procedures for the review and approval, and the unclear rules of the post-censorship. The current system needs to be reviewed through criteria such as clear review, detailed examination and approval procedures, clear treatment after the review, etc. Measures to further improve the system.