On The Standard Of Review Of Regulatory Documents

Normative standard of review is an important issue, new, closer integration of theory and practice issues. Regulatory documents to establish the scientific theoretical system of review criteria, will have a positive impact on the theory and practice of administrative law, especially has great guiding value on the development of practice. But in the current study, which has formed the administrative law system, rarely able to see the review of regulatory documents and interpretation of the standard system, even in more developed rule of law, administrative law of the State, is no exception. This article will try to make efforts in this regard. In this paper, governments at all levels of Qing Yuan City, and review of departmental normative documents are for the study object, in the light of practice is proposed based on the specific review of regulatory documents standards and practical significance.Paper is divided into four chapters.First, the article's ideas and arrangementsThe first chapter presents what is normative documents, and how to define the regulatory documents. That the concept of normative documents, features, and other types of regulatory documents. On this basis, also it has proposed the need for review of regulatory documents.ChapterⅡpresents Review of standards and regulatory documents prerequisite. Standard of review gives meaning and effect.on this basis, presenting the proposed standard of review and the meaning of the premise of the problem. This chapter is an important link between the preceding section, determine the standard of discussion on the review of the direction and depth.The third chapter presents the review of regulatory documents specific criteria, It is Divided into two parts. First, the premise of the review is legally for the review criteria. Authority,proper procedures and standards applicable law correctly. Among these, giving the correct standards applicable law, is the main description of department, a detailed analysis. Second, the reasonableness standard of review under the premise:the proportion of the appropriate standard. Given the current practice in the review process, primarily reviewing the legality, reasonableness review of the situation is few, this takes a lot of ink to discuss the legality correct.Chapter IV lists the specific review criteria in the review application. Specific criteria for the review resolves specific cases, and explains the rights,due process and applicable law, and the correct proportion of the appropriate standard in reviewing the application in practice.