摘要： 近年来,全国人大常委会备案审查的制度功能呈现向司法领域延伸的趋势。备案审查意见在司法裁判文书中的被援引频次呈现出阶段性上升态势。诉讼当事人倾向于将备案审查意见作为支撑其诉讼请求的重要事实依据或证据材料提交法院。相应地,法院在裁判过程中也普遍表现出对备案审查结论的充分尊重与审慎采纳。备案审查的权威在于实施,法院负有实施备案审查意见的义务。当法官发现案件相关争议涉及备案审查意见时,应当遵循如下裁判路径:其一,排除适用已被认定为违宪或违法的法规范;其二,将备案审查意见作为选择适用适格裁判依据的根据,融入释法说理;其三,借助体系解释、目的解释等法律解释方法以及“对话式”法律修辞技艺,强化备案审查意见司法适用的效果,最终提升司法裁判的合法性与可接受性。

关键词: 全国人大常委会, 备案审查意见, 司法适用, 裁判依据

Abstract: In recent years, the institutional function of regulation recordation and review in China has exhibited a trend of gradual extension into the judicial domain.Empirical studies indicate that the frequency of citations of the opinions of regulation recordation and review issued by the Legislative Affairs Commission of the Standing Committee of the National People's Congress in court judgments has shown a phased increase: litigants tend to submit the recordation and review opinions as significant factual grounds or evidentiary materials supporting their claims; while courts, correspondingly, generally demonstrate full respect for and careful adoption of the conclusions of regulation recordation and review during adjudication.The authority of regulation recordation and review lies in its implementation, and judges are obliged to implement the recordation and review opinions.Therefore, when judges find that relevant disputes in a case involve the recordation and review opinions issued by the Legislative Affairs Commission of the Standing Committee of the National People's Congress, they should adhere to the following adjudication principles: first, regulatory documents that have been deemed unconstitutional or illegal should be excluded from application; second, judges should rely on the recordation and review opinions as the authority for choosing the competent adjudicative basis which is applicable; third, judges may employ legal interpretation methods such as systematic interpretation and purposive interpretation, as well as‘dialogic’legal rhetorical techniques, to strengthen the effect of the judicial application of recordation and review opinions, thereby ultimately enhancing the legitimacy and acceptability of judicial decisions.

Key words: Standing Committee of the National People's Congress, Recordation and Review Opinions, Judicial Application, Adjudicative Basis