A Study On Standard Of Judicial Review Of Administration Normative Document

To review the administration normative documents by judicial is not only a major academic problem, but also a major practical issue of promote the Rule of Law in China. This paper focuses on the theory and practice of the United States and Germany, for the purpose of improving our administrative normative documents judicial review standard.The paper is divided into four chapters. The first chapter is about the theory standard of judicial review of administration normative documents.Chapter two focuses on the standard of judicial review in American. The courts could review all the law issues and three review criteria on facts issues. Germany in the base of the principle of proportion developed the three densities theory.The third chapter discusses the standards of administration normative documents in China. When review the law issues should review the following aspects: whether the authorization is exceeded, whether the action is in accordance with the due process and so on. However, the court's power to review the facts issues should be limited.The fourth chapter discusses the standard of judicial review of normative documents in judicial practice. Some factors affect the standard of judicial review, such as the type of right, the urgency of protecting the public interest, the legal effect of the government ability to forecast and the ability of judicial judgments.