Study on the Pilot Situation Report System in China's Experimental Legislation Practice

Fan Chao; Liu Yuan

doi:doi:10.11648/j.stpp.20220602.17

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Study on the Pilot Situation Report System in China's Experimental Legislation Practice

Fan Chao, Liu Yuan

Published in Science, Technology & Public Policy (Volume 6, Issue 2)

Received: 7 November 2022 Accepted: 28 November 2022 Published: 27 December 2022

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Abstract

Article 13 of Legislation Law establishes the experimental legislation system of our country. In order to better understand and supervise the pilot experiment, the NPC and its Standing Committee usually require the authorized subjects to make work reports on the pilot experiment in the authorization decision. Different from the "central government to the local government" authorization, the pilot situation reporting system is an important institutional guarantee for the "local government to the central government" to enable the authorization subject to obtain and understand the specific practice and experience of the reform pilot system. At the same time, the pilot situation report system is also the supervision system of the higher subject to the lower subject in each practice link. In the practice of Article 13 of the Legislation Law, the pilot report system does not only include the pilot report system stipulated in the authorization decision, but also include the pilot report system stipulated in the pilot rules and the statutory pilot report system. These three pilot reporting systems together constitute a systematic pilot reporting system from "local to central". However, the three pilot reporting systems are not perfect in practice. There are still problems such as the inconsistent authorization decisions on the obligation of pilot reporting, the incomplete role of statutory pilot reporting, the inconsistent content of the pilot report, and the lack of third-party evaluation.

Published in	Science, Technology & Public Policy (Volume 6, Issue 2)
DOI	10.11648/j.stpp.20220602.17
Page(s)	96-101
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2022. Published by Science Publishing Group

Keywords

Experimental Legislation, Pilot Situation Report, Interim Report, Final Report, Content Settings, Third Party Evaluation

References

[1]	Decision of the CPC Central Committee on Major Issues Pertaining to Comprehensively Promoting Law-based Governance of the Country [N]. People's Daily, 2014-10-29 (1).
[2]	Xu Zhenwei. "Trial and error regulations" and China's trial and error reform [J]. Journal of Tianjin Administrative College, 2021, 23 (5): 23-31.
[3]	Jiang Guohua, Guo Wentao. An empirical analysis of the authorization decisions of the Standing Committee of the National People's Congress -- Taking 21 authorization decisions made by the Standing Committee of the 12th National People's Congress as samples [J]. Journal of South-Central University for Nationalities (Humanities and Social Sciences Edition), 2019, 39 (5): 154-161.
[4]	Zheng Zhihang. Ideal Type and Practice Reflection of Local Rule of Law Experiment in China at present [J]. Journal of National Procurators College, 2021, 29 (1): 113-127.
[5]	Wang Jianxue, The Decision on Authorizing the Local Pilot Reform should Follow the Principles of Proportionality [J]. Listed in Law, No. 5, 2017, pp. 39-49.
[6]	Yu Chengkun. The Classification of Administrative Document Types [J]. Applied Writing, 2001 (01): 5-7.
[7]	Chen Tianen, The Eight types of Official Documents: A Report, published in News and Writing, No. 10, 2006, pp. 46-47.
[8]	Chen Qihua, Research on the Incentive Mechanism of People's Jurors -- Also on the Implementation Measures for the Pilot Work of People's Juror System Reform [J]. Research on the Rule of Law of Property Rights, 2017, 3 (02): 171-183.
[9]	Notice of the State Council on Printing and Distributing the Overall Plan of China (Fujian) Pilot Free Trade Zone [J]. Bulletin of the State Council of the People's Republic of China, 2015 (13): 24-33.
[10]	Li Yi, The Predicament and Way out of the Reform of the Separation of Factual Trial and Legal Trial of the People's Jury System -- Taking the Interim Report of the Supreme People's Court on the Pilot Reform of the People's Juror System as the research object [C]//. Proceedings of the 2016 Annual Conference of the Research Society of Procedural Law of Hubei Law Society. 2016: 108-116.
[11]	Zhou Qiang, Interim Report of the Supreme People's Court on the Pilot Reform of Diversion of Complicated and Simplified Civil Procedure at the 26th Meeting of the Standing Committee of the 13th National People's Congress on February 27, 2021 [J]. Bulletin of the Standing Committee of the National People's Congress of the People's Republic of China, 2021 (03): 632-637.
[12]	Report of the State Council on the Implementation of the Decision of the Standing Committee of the National People's Congress on Authorizing the State Council to Temporarily Adjust the Administrative Examination and Approval of Some Legal Provisions in Guangdong Province [J]. Bulletin of the Standing Committee of the National People's Congress of the People's Republic of China, 2016 (01): 87-89.
[13]	Report of the State Council on the Implementation of the Decision of the Standing Committee of the National People's Congress on Authorizing the State Council to Carry out Pilot Drug Marketing License Holder System and Related Issues in Some Places - at the 6th Meeting of the Standing Committee of the 13th National People's Congress on October 22, 2018 [J]. Bulletin of the Standing Committee of the National People's Congress of the People's Republic of China, 2018 (06): 935-940.
[14]	Report of the Supreme People's Court on the Pilot Reform of the People's Juror System -- At the Second Meeting of the Standing Committee of the 13th National People's Congress on April 25, 2018 [J]. Bulletin of the Standing Committee of the National People's Congress of the People's Republic of China, 2018 (03): 468-472.
[15]	Decision of the Standing Committee of the National People's Congress on Authorizing the State Council to Temporarily Adjust the Application of Relevant Laws and Regulations in Pilot Free Trade Zones [J]. Bulletin of the Standing Committee of the National People's Congress of the People's Republic of China, 2021 (04): 866.

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APA Style

Fan Chao, Liu Yuan. (2022). Study on the Pilot Situation Report System in China's Experimental Legislation Practice. Science, Technology & Public Policy, 6(2), 96-101. https://doi.org/10.11648/j.stpp.20220602.17

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Fan Chao; Liu Yuan. Study on the Pilot Situation Report System in China's Experimental Legislation Practice. Sci. Technol. Public Policy 2022, 6(2), 96-101. doi: 10.11648/j.stpp.20220602.17

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AMA Style

Fan Chao, Liu Yuan. Study on the Pilot Situation Report System in China's Experimental Legislation Practice. Sci Technol Public Policy. 2022;6(2):96-101. doi: 10.11648/j.stpp.20220602.17

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@article{10.11648/j.stpp.20220602.17,
  author = {Fan Chao and Liu Yuan},
  title = {Study on the Pilot Situation Report System in China's Experimental Legislation Practice},
  journal = {Science, Technology & Public Policy},
  volume = {6},
  number = {2},
  pages = {96-101},
  doi = {10.11648/j.stpp.20220602.17},
  url = {https://doi.org/10.11648/j.stpp.20220602.17},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.stpp.20220602.17},
  abstract = {Article 13 of Legislation Law establishes the experimental legislation system of our country. In order to better understand and supervise the pilot experiment, the NPC and its Standing Committee usually require the authorized subjects to make work reports on the pilot experiment in the authorization decision. Different from the "central government to the local government" authorization, the pilot situation reporting system is an important institutional guarantee for the "local government to the central government" to enable the authorization subject to obtain and understand the specific practice and experience of the reform pilot system. At the same time, the pilot situation report system is also the supervision system of the higher subject to the lower subject in each practice link. In the practice of Article 13 of the Legislation Law, the pilot report system does not only include the pilot report system stipulated in the authorization decision, but also include the pilot report system stipulated in the pilot rules and the statutory pilot report system. These three pilot reporting systems together constitute a systematic pilot reporting system from "local to central". However, the three pilot reporting systems are not perfect in practice. There are still problems such as the inconsistent authorization decisions on the obligation of pilot reporting, the incomplete role of statutory pilot reporting, the inconsistent content of the pilot report, and the lack of third-party evaluation.},
 year = {2022}
}

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TY  - JOUR
T1  - Study on the Pilot Situation Report System in China's Experimental Legislation Practice
AU  - Fan Chao
AU  - Liu Yuan
Y1  - 2022/12/27
PY  - 2022
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DO  - 10.11648/j.stpp.20220602.17
T2  - Science, Technology & Public Policy
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EP  - 101
PB  - Science Publishing Group
SN  - 2640-4621
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AB  - Article 13 of Legislation Law establishes the experimental legislation system of our country. In order to better understand and supervise the pilot experiment, the NPC and its Standing Committee usually require the authorized subjects to make work reports on the pilot experiment in the authorization decision. Different from the "central government to the local government" authorization, the pilot situation reporting system is an important institutional guarantee for the "local government to the central government" to enable the authorization subject to obtain and understand the specific practice and experience of the reform pilot system. At the same time, the pilot situation report system is also the supervision system of the higher subject to the lower subject in each practice link. In the practice of Article 13 of the Legislation Law, the pilot report system does not only include the pilot report system stipulated in the authorization decision, but also include the pilot report system stipulated in the pilot rules and the statutory pilot report system. These three pilot reporting systems together constitute a systematic pilot reporting system from "local to central". However, the three pilot reporting systems are not perfect in practice. There are still problems such as the inconsistent authorization decisions on the obligation of pilot reporting, the incomplete role of statutory pilot reporting, the inconsistent content of the pilot report, and the lack of third-party evaluation.
VL  - 6
IS  - 2
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Author Information

Fan Chao

Law School, Nanjing Normal University, Nanjing, China
Liu Yuan

School of Management, Jiangsu University, Zhenjiang, China

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Plain Text BibTeX RIS

APA Style

Fan Chao, Liu Yuan. (2022). Study on the Pilot Situation Report System in China's Experimental Legislation Practice. Science, Technology & Public Policy, 6(2), 96-101. https://doi.org/10.11648/j.stpp.20220602.17

Copy | Download

ACS Style

Fan Chao; Liu Yuan. Study on the Pilot Situation Report System in China's Experimental Legislation Practice. Sci. Technol. Public Policy 2022, 6(2), 96-101. doi: 10.11648/j.stpp.20220602.17

Copy | Download

AMA Style

Fan Chao, Liu Yuan. Study on the Pilot Situation Report System in China's Experimental Legislation Practice. Sci Technol Public Policy. 2022;6(2):96-101. doi: 10.11648/j.stpp.20220602.17

Copy | Download

@article{10.11648/j.stpp.20220602.17,
  author = {Fan Chao and Liu Yuan},
  title = {Study on the Pilot Situation Report System in China's Experimental Legislation Practice},
  journal = {Science, Technology & Public Policy},
  volume = {6},
  number = {2},
  pages = {96-101},
  doi = {10.11648/j.stpp.20220602.17},
  url = {https://doi.org/10.11648/j.stpp.20220602.17},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.stpp.20220602.17},
  abstract = {Article 13 of Legislation Law establishes the experimental legislation system of our country. In order to better understand and supervise the pilot experiment, the NPC and its Standing Committee usually require the authorized subjects to make work reports on the pilot experiment in the authorization decision. Different from the "central government to the local government" authorization, the pilot situation reporting system is an important institutional guarantee for the "local government to the central government" to enable the authorization subject to obtain and understand the specific practice and experience of the reform pilot system. At the same time, the pilot situation report system is also the supervision system of the higher subject to the lower subject in each practice link. In the practice of Article 13 of the Legislation Law, the pilot report system does not only include the pilot report system stipulated in the authorization decision, but also include the pilot report system stipulated in the pilot rules and the statutory pilot report system. These three pilot reporting systems together constitute a systematic pilot reporting system from "local to central". However, the three pilot reporting systems are not perfect in practice. There are still problems such as the inconsistent authorization decisions on the obligation of pilot reporting, the incomplete role of statutory pilot reporting, the inconsistent content of the pilot report, and the lack of third-party evaluation.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - Study on the Pilot Situation Report System in China's Experimental Legislation Practice
AU  - Fan Chao
AU  - Liu Yuan
Y1  - 2022/12/27
PY  - 2022
N1  - https://doi.org/10.11648/j.stpp.20220602.17
DO  - 10.11648/j.stpp.20220602.17
T2  - Science, Technology & Public Policy
JF  - Science, Technology & Public Policy
JO  - Science, Technology & Public Policy
SP  - 96
EP  - 101
PB  - Science Publishing Group
SN  - 2640-4621
UR  - https://doi.org/10.11648/j.stpp.20220602.17
AB  - Article 13 of Legislation Law establishes the experimental legislation system of our country. In order to better understand and supervise the pilot experiment, the NPC and its Standing Committee usually require the authorized subjects to make work reports on the pilot experiment in the authorization decision. Different from the "central government to the local government" authorization, the pilot situation reporting system is an important institutional guarantee for the "local government to the central government" to enable the authorization subject to obtain and understand the specific practice and experience of the reform pilot system. At the same time, the pilot situation report system is also the supervision system of the higher subject to the lower subject in each practice link. In the practice of Article 13 of the Legislation Law, the pilot report system does not only include the pilot report system stipulated in the authorization decision, but also include the pilot report system stipulated in the pilot rules and the statutory pilot report system. These three pilot reporting systems together constitute a systematic pilot reporting system from "local to central". However, the three pilot reporting systems are not perfect in practice. There are still problems such as the inconsistent authorization decisions on the obligation of pilot reporting, the incomplete role of statutory pilot reporting, the inconsistent content of the pilot report, and the lack of third-party evaluation.
VL  - 6
IS  - 2
ER  -

Copy | Download