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现实中,委托执法备案审查,是行政执法监督中使用较多、实效性较强的一种层级监督机制。然而,法规范层面缺乏有关委托执法备案审查的相关规定,理论层面学界也很少涉及这一问题。为了规范委托执法,促进依法行政,保障相对人合法权益,有必要确立委托执法备案审查制度。同时,在我国确立委托执法备案审查制度具有宪法和组织法上的依据。为回应现实需要,各地立法机关应该围绕委托执法备案审查的主体、范围、标准、程序等方面完善委托执法备案审查的法规范体系。
In reality, the commissioning of the record filing for law enforcement is a hierarchical monitoring mechanism that is widely used and effective in administrative law enforcement supervision. However, there is a lack of relevant regulations on the examination and approval of law enforcement filing at the legal norms level, and the theoretical level is rarely involved in this issue. In order to standardize the entrusted law enforcement, promote administration according to law and protect the legitimate rights and interests of the counterparts, it is necessary to establish the system of examining and filing the filing of law enforcement by law. At the same time, establishing the system of filing the lawsuit filing in our country has the basis of the Constitution and the Organic Law. In order to respond to the actual needs, the legislatures in all places should improve the legal norms system for the examination and filing of law enforcement filing around the subjects, scope, standards and procedures entrusted by the law enforcement filing review.