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Review The Legality Of Normative Documents

Posted on:2011-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:C L LiFull Text:PDF
GTID:2166330332464491Subject:Science of Law
Abstract/Summary:PDF Full Text Request
"All those who have power are easy to abuse of power, this is the experience of an eternal and immutable." Montesquieu, "Spirit of the Law," a book further states: "there are people who will use the power until the power has limits place so far. "So, how to prevent abuse of power, the limits of how to set the power has always been the eternal problem faced by humanity.Now, there are many problems of administrative law, the frequent occurrence of mass incidents, Demolition worsening distribution of grave injustice, etc. These phenomena seriously undermine social harmony. In particular, it should be noted that behind the many problems there is often an illegal and unreasonable regulatory documents, therefore, in order to protect the legitimate rights and interests of citizens, to further promote the rule of law, to improve the legitimacy of the existing normative documents censorship the imperative. Review the legality of normative documents should be multi-faceted, multi-level, this paper documents to clarify the meaning of administrative norms and legitimacy of the review of basic theory, and on this basis, the analysis of the current regulatory system of the type of document review analysis focuses on the question of its existence. Finally, in our country's specific national conditions, by improving the administrative review of the legality of normative documents following options: First, review the system of prior review to establish a clear record for review of some basic principles to ensure the legitimacy of normative documents; the second is to establish relevant support mechanisms to ensure the neutrality of the administrative reconsideration organ; the third is to establish normative documents incidental judicial review and civil initiate the review system.
Keywords/Search Tags:Legal review, collateral review, citizens start mechanism
PDF Full Text Request
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