Administrative Normative Documents Legality Review System Research

Administrative normative document is as the result of administrative decision, as the major basis of administrative enforcement, to function the complement and refinement of laws and regulations, closely related to the very interests of the people. But the current laws and regulations are lack of standards to understand the subject and procedure of administrative normative document, and lack of the concrete and efficient approaches to examine the legality of the administrative normative document, which often result in the unlawful administrative normative documents. The unlawful documents not only violate the legal interests of the administrative counterpart, but impact upon the disadvantageous functions to administrative authority. Therefore, it is very necessary to reinforce the system of examining the legality of the administrative normative documents, in order to standardize efficiently, pave the way for entering the proper legalization. The paper is based on the analysis of the current examining system of China’s administrative normative document and the comments on the foreign examining mode to suggest the way to complete the examining system in China.With over50000characters, this paper consists of five parts besides the introduction and postscript. The first chapter advances the basic theory of examining the legality of the administrative normative document. The paper defines the concept of the administrative normative document by its title, its connotation and its classification to make a prerequisite of the research. Then, the paper defines the concept of the legality of the examination and its scopes. The second chapter stresses on the conclusions of some problems of China’s current administrative normative documents and analyzes the performances of the violations of administrative normative document. The third chapter examines on the current examining system of the legality of administrative normative documents and puts forward the advantages and defects of the current examining system. The forth is briefly to introduce and comment on the foreign examining modes, analyzes the pros and cons of the examining modes and then comes to conclusion of the enlightenment from them to China. The final chapter is to suggest the way to complete the examining system of the legality of China’s administrative normative document, based on the current problems in the legality of the examining system in China and the enlightenment of the reasonable part of the foreign examining mode.