On Balancing Benchmarks in Appropriateness Review:Taking 31 Provinces (Autonomous Regions and Municipalities) for Example

Provincial-level laws and regulations on recording and review have gone through a process of development from taking “appropriateness” as a rhetorical term to establishing an independent “appropriateness benchmark”, which is in line with the development and improvement of the recording and review system of the central government. In general, the appropriateness balancing benchmarks in most provincial-level laws and regulations invoke the provisions of Article 39 of Measures for the Recording and Review of Regulations and Judicial Interpretations. The application of balancing benchmarks in practice is as follows: “where the benchmark clearly violates the Core Socialist Values as well as public order and good morals”, a relatively lenient balancing scale is adopted; “where the provisions on the rights and obligations of citizens, legal persons, or other organizations are clearly unreasonable, or where the means prescribed to achieve its legislative purpose clearly does not match the legislative purpose”, a holistic balancing approach is taken; “where it is inappropriate to continue to implement the benchmarks because of great changes in actual circumstances”, a distinction between changes in the policies and those in the laws is required. And other balancing benchmarks for appropriateness review have been developed in the provincial-level laws and regulations.