Toward a More Rigorous Mechanism for Resolving Legislative Conflicts - Unpacking China’s Transitional “Mini Law” on the “Recording and Review” Process

Abstract

In December 2023, China’s national legislature, the Standing Committee of the National People’s Congress (NPCSC), adopted the Decision on Improving and Strengthening the System of Recording and Review, a major bill aimed at reforming “recording and review” (R&R)—China’s system of parallel processes for resolving legislative conflicts. Under R&R, an enacting body—that is, a governmental body authorized to issue documents of a legislative nature—must file its legislation with the designated reviewing body for subsequent review. Some would give more teeth to the rectification process so that enacting bodies do not abuse the latitude they enjoy. How the new measures would work in practice and whether they would achieve the intended goals, however, remain to be seen.

Keywords

• China
• China
• Rule of Law
• China