A Study On The System Of Judicial Review With Administrative Normative Documents

The new "administrative procedural law" was officially began on May 1, 2015,the increased the incidental review system has become one of the highlights of the new law, but revised contents of this system was very fuzzy and principle, the court, only by law and judicial explanation cannot apply to practical cases, the first case of incidental judgement of the case review still exist many places to perfect. After the implementation of the new law, asking to review of normative documents cases of incidental has gradually sues to the court, what is the content of court review, the legitimacy of the administrative organ to proof that the normative documents, the court held that normative documents exist legitimacy problem and how to the enacting body recommendations and supervise the implementation of the recommendations and so on, a series of issues need the court to directly confront and solve one by one.By comparing with the implementation of the system, this paper introduces the defects of other supervision methods of the normative review, so as to obtain the characteristics and necessity of the court collateral review system. Court in the review of the normative documents firstly needs to judge the normative documents at the beginning, the author thinks that should be mainly from the administrative standard difference and the administrative standard documents of documents and administrative legislation and specific administrative acts of the difference between the two aspects of preliminary judgment on the need to review the documents, and do a good job in the basic work of the review of regulatory documents. After determining normative documents, the judge should judge from the formulation of the main body of the scope, formulation responsibilities of the subject of rights, to develop the content of the two aspects of legal review, I think that the procedural legality is not within the scope of this review. The proposed time of normative documents in collateral review was also discussed, that the parties can only in front of the court of first instance is proposed for examination of the request, in the second instance, or trial supervision stage are not proposed to apply for a review. At the same time, the court should take incidental trial, trial, written trial mode, with the review system does not allow the court to review the terms of reference. Finally, the author is divided into three different cases, such as legal, illegal, termination of the trial, the court of normative documents with the review of the processing method for classification analysis. To make up for the academic research on this system defects, this paper aims at providing a reference for the system in practice.