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发治意指统治者通过法律来治理国家,管理社会。公正、良好的法律是实现依法治国的基础,为了确保制定良性法律,实现良法治国的目标,很多国家都在致力于对立法活动的监督,监督立法是否遵循本国宪法。在我国,中央和地方各级权力机关和行政机关都享有一定程度的立法权,而法规和规章的实施延伸到公民生活的各个方面。为了保证法规规章的合法性与合宪性,实现国家的法制统一,我国逐步形成了具有中国特色的法规规章备案与审查制度。但是随着时间的发展,这一制度渐渐暴露出一些弊端,因此建立一套规范、切实可行的法规规章备案审查制度就显得尤为紧迫和必要。
Rule means that the rulers governed the country by law and managed the society. Just and good laws are the basis for the realization of governing the country according to law. In order to ensure the development of good laws and achieve the goal of good governance of the country by law, many countries are devoting themselves to supervising legislative activities and supervising whether legislation follows their own constitutions. In our country, the power organs and administrative organs at both the central and local levels enjoy a certain degree of legislative power, and the implementation of laws and regulations extends to all aspects of civic life. In order to ensure the legality and constitutionality of laws and regulations and realize the unification of the country’s legal system, China has gradually formed a system of filing and censoring regulations and rules with Chinese characteristics. However, with the development of time, some drawbacks have gradually emerged in this system. Therefore, it is especially urgent and necessary to establish a set of standardized and feasible regulatory filing system.