By Yan Dongfeng

The system of recording and review of normative documents is a constitutional oversight mechanism with Chinese characteristics. It is an important institutional arrangement to ensure the implementation of the Constitution and laws and to uphold the unity of the rule of law in the country. Since the 18th National Congress of the Communist Party of China (CPC), the CPC Central Committee with Comrade Xi Jinping at its core has elevated the system and capacity for recording and review to a strategic level in better implementing the Constitution and conducting constitutional oversight, making new plans and setting new requirements. At present, a recording and review system for normative documents — characterized by division of responsibilities, coordination and linkage among Party committees, people's congresses, governments, the military, supervisory commissions, courts, and procuratorates — has gradually taken shape and continues to improve.

The Standing Committee of the National People's Congress (NPC) attaches great importance to the work of recording and review, continuously advancing the system and practice in line with the times, and achieving new progress and results.

First, it has successively amended the Legislation Law and the Supervision Law, and adopted the Decision on Improving and Strengthening the System of Recording and Review, thereby establishing and consolidating the fundamental institutional framework of the recording and review system, providing a solid legal foundation for advancing this work in a comprehensive manner.

Second, since 2017, the NPC Standing Committee has for eight consecutive years heard and deliberated on reports of the Legislative Affairs Commission on the work of recording and review, and it has publicly released more than 120 typical cases, thus promoting transparency in the recording and review process and fostering the spirit of the rule of law.

Third, adhering to the principle that all normative documents must be recorded, it has continuously expanded the scope of recording, promoting the establishment of the National Database of Laws and Regulations and provincial-level databases for local regulations, rules, and normative documents.

Fourth, upholding the principle that all recorded documents must be reviewed, it has strengthened review efforts through various approaches such as review upon request, proactive review, special review, transferred review and joint review, while exploring the use of standards such as the principle of proportionality.

Fifth, it has advanced constitutional review in a proactive and prudent manner, promptly urging rectification of provisions that are inconsistent with the Constitution's stipulations, principles or spirit, and upholding constitutional and legal principles such as all citizens are equal before the law, non-retroactivity of laws and the principle that each person bears responsibility solely for their own crimes, thereby safeguarding social fairness and justice.

Sixth, it has maintained a strict rectification mechanism to ensure that errors are corrected whenever identified. Since the 18th CPC National Congress, more than 26,000 normative documents have been revised or repealed by the issuing authorities under the guidance and supervision of the NPC Standing Committee, effectively safeguarding the authority of the Constitution and laws as well as the unity of the rule of law.

Seventh, following a people-centered approach, it has actively practiced whole-process people's democracy by continuously broadening channels for the public to express their concerns and safeguarding the lawful rights and interests of the people.

Eighth, it has intensified theoretical research and public communication, encouraging cooperation between local people's congresses and universities to establish research institutions for recording and review, and supporting academic research and curriculum development in this field, thereby expanding its social influence.

China's system of recording and review is deeply rooted in the country's own legal practice and has been continuously improved along with the progress of Chinese modernization. It embodies distinctive Chinese characteristics and features.

The recording and review system is closely related to the Constitution and serves as an important constitutional oversight mechanism with Chinese characteristics, as well as a key instrument for the NPC Standing Committee to strengthen constitutional supervision. According to the Constitution, no law, administrative regulation or local regulation shall be in conflict with the Constitution; accountability must be enforced for all acts that violate the Constitution or laws. The Standing Committee of the NPC has the authority to annul any administrative regulation or local regulation that contravenes the Constitution or laws. These constitutional provisions form the foundation of China's system of recording and review.

When carrying out recording and review, the Standing Committee of the NPC conducts not only legality reviews of normative documents such as regulations and judicial interpretations, but also constitutional reviews.

In recent years, the Legislative Affairs Commission of the NPC Standing Committee has focused on advancing constitutional review in the work of recording and review. It has conducted constitutional reviews of the custody and education system, promoting the initiation of legislative procedures to abolish the system; properly addressed issues such as the cross-regional deployment of procurators in accordance with the Constitution and relevant laws; and examined and addressed constitutional and Constitution-related issues concerning measures of collective liability imposed on close relatives of persons involved in criminal cases, the promotion of the use of the national common language and characters in ethnic regions, and employment restrictions on persons involved in criminal cases. These innovative practices in recording and review have laid a solid foundation for exploring a constitutional oversight system with Chinese characteristics.

The recording and review system is closely linked to the system of people's congresses and is an important institutional mechanism for people's congresses at all levels to fulfill their legal supervision duties. The State, relying on the people's congress system, has established a supervisory framework over “the government, the supervisory commissions, the people's courts and the people's procuratorates". Within this framework, the supervision of normative documents formulated by "the government, the supervisory commissions, the people's courts and the people's procuratorates" through recording and review by the NPC constitutes a key legal oversight mechanism. Establishing and improving the recording and review system, continuously advancing its work, and resolutely rectifying unconstitutional or illegal normative documents are essential requirements for properly maintaining, improving, and operating the system of people's congresses.

The recording and review system is also closely related to the Chinese approach to democracy and constitutes an important part of implementing whole-process people's democracy. The Legislation Law, Supervision Law, and relevant decisions stipulate that if citizens or organizations believe that laws or judicial interpretations are conflicting with the Constitution or other laws, they may submit a written recommendation for review to the NPC Standing Committee, which is then examined by the working organs of the Standing Committee. This arrangement is an important institutional safeguard to ensure the public's right to know, participate, express views and supervise the work of State organs, and is a crucial institutional guarantee for practicing whole-process people’s democracy. Practice has proven that the recording and review system, when effectively implemented, provides the public with an important legal channel to protect their lawful rights and interests.

The 20th National Congress of the CPC and the third plenary session of the 20th CPC Central Committee both emphasized the need to improve the recording and review system. The coming period will be critical for further promoting the implementation of the Constitution and constitutional oversight and for constructing and shaping a constitutional oversight and recording and review system with Chinese characteristics. Efforts should continue to focus on the development and capacity building of the recording and review system, with the core goal of improving the quality of recording and review. Through innovative practices, the system of constitutional oversight with Chinese characteristics can be continuously perfected, producing new quality and effectiveness in recording and review work and opening up new prospects.

 (The author is director of the Regulatory Recording and Review Office, Legislative Affairs Commission, National People's Congress Standing Committee)