关键词: 地方性法规,审查基准,立法程序,程序性审查

Abstract: The procedural review of Western tradition is mostly related to substantive due process. In China, the procedural legality review of local regulations does not have the substantive meaning of a substantive due process, but is embodied in a purely legislative procedure. At present, the study of China’s local regulations review lacks a discussion directly on the issue of procedural review benchmarks. Articles 96 and 77 of the Legislation Law establish a dual level of the benchmark for the review of the legality of Chinese procedures—the norms of local legislative procedures and the legality frame of legislative procedures. The legality framework of the legislative procedure specifically includes the permission requirements for the procedural legislative power and the basic legislative procedures, such as the formal requirements of the proposal, the review system, the deliberation of special committees, the unified review, and the separate voting. The benchmarks for review not only exist in the legal norms, but also should receive attention and be followed in the practice of local legislation. The results of its standardization and systemization need to be further tested in practice.

Key words: local laws and regulations; examination benchmarks; legislative procedures; procedural review