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规制我国地方性法规的法律规范存在逻辑悖论和诸多理论问题,运用宪法学原理对其分析不难发现:国务院和省、自治区、直辖市的人大及其常委会都不是地方性法规的审查主体;“同法律、行政法规相抵触”标准存在逻辑悖论,“不适当”标准缺乏可操作性;赋予相关机关撤销权和改变权有违人民主权理论和我国人民代表大会制度。故需要依据《宪法》和宪法学原理重构我国地方性法规的制定和审查机制。
There are logical paradoxes and many theoretical issues in the legal norms governing the local laws and regulations of our country. Using the principles of constitutional law to analyze them, it is not difficult to find out: the NPC and its standing committees of the State Council, provinces, autonomous regions and municipalities directly under the Central Government are not the subjects of censorship of local laws and regulations; There is a logical paradox in the standard of “conflict with laws and administrative regulations”, and the “inappropriate” standard lacks maneuverability. It is against the principle of people’s sovereignty and the people’s congress system that the relevant authorities have to withdraw and change rights. Therefore, it is necessary to reconstruct the formulation and reviewing mechanism of our local laws and regulations in accordance with the Constitution and principles of constitutional law.