Research Of Administrative Normative Documents Review System

Publishing administrative normative documents is an important means of the government to exercising public power. They are controversial both in practice and theoretical fields. On the one hand, the law has a natural hysteresis quality. Being drafted through strict legislative procedures and regulations, administrative normative documents can not respond to the reality of social management and public service requirements promptly. In order to improve the administrative efficiency, it is necessary to publish corresponding policies and regulations. On the other hand, the nature of the power is self expansionary. The expanding of administrative power will lead to ultimate executive power alienation, which will violate the public rights. Therefore, to reconcile the contradictions between them will avoid the abuse of executive power, and ensure the efficient operation of administrative organizations. Based on the theory of modern constitutional government, publishing the administrative normative documents as a means of exercise of executive power, should be supervised and restricted. Britain, the United States, France and Germany, all those countries set up their system to review administrative normative documents.These practices provide some meaningful enlightenment for us to establish and improve the administrative normative documents review system. So, it is necessary, based on the advanced experience of other countries, to set up an effective system of administrative normative documents review in our country. Then put the administrative normative documents into the scope of judicial review and set up a comprehensive system of administrative normative documents review that using judicial review as the kernel and assisted by review of the power organs and administrative organs. Based on all of these, we can protect the administrative relative person’s legitimate rights effectively, restrict public power authority of the administrative discretion in accordance with law, promote administration according to law and build socialist country under the rule of law.