Administrative Judicial Document Of The Judicial Review System

Administrative normative documents is a way of exercising administrative powers for administrative organ, it refers to the normative documents which formulated by all levels of administrative organs who were authorized by the laws and regulations and in its’ own permissions. These normative documents have prevalent sanction and repeated applicability. Normative documents played a major role in the administration process. On one hand, they are the supplement and detailing of the law. On the other hand, they recovered the ossification and lag of the law.However, due to the current condition of our country, our legal system lacks clearly defined of the formulate subject and procedures of the normative documents. Such a situation occurs frequently in practice that decision-making bodies are confusion, develop procedures are not standardized,the content is illegal or unreasonable. They are seriously violated the the legitimate rights and interests of the people, they sparked a lot of criticism, affect the efficiency of the executive, affect the credibility of the executive, and produce great damages to the construction of the country under the rule of law. Therefore, we must strengthen the review and regulatory of the administrative regulatory documents. But at present there is a lack of censorship, especially in the field of judicial review.In the year of 2015, China promulgated the new Administrative Procedure Law. It opened the way of judicial review of the administrative normative documents. But there are still many imperfections on the institutional. Based on the existing administrative normative documents judicial review system of the analysis, combined with the experience of foreign judicial review in an attempt to further improve the administrative normative documents Judicial Review System of comments.This article is divided into five parts. The first part is about the administrative normative documents related definition of concept and the connotation, and analyses the value of the administrative normative documents and the existing problems. The second part analyzed the suability of the normative documents form two angles of the necessity and feasibility, namely the administrative normative documents should be included in the scope of judicial review. The third part introduces the current law for administrative normative documents of judicial review and practice common practice and analyze shortcomings of our judicial review system exists. The fourth part briefly describes the two legal systems of United Kingdom, United States, France, Germany, the judicial review system, and look for something that our country can learn from. The fifth part is a summary based on the foreign experience, combined with China’s national conditions, starting from a review of the jurisdiction of the Court to review the standards, review the effectiveness of proposed improving administrative normative documents judicial review system of ideas and Cohesion five other reviews manner.