Study Of The Legal Regulation Of Administrative Normative Documents

Administrative normative documents are important means of daily administration of the executive authorities. Because of their nature of administrative discretion, Administrative normative documents can easily be abused in practice by the executive authorities. The analysis of Lanzhou vehicle restriction rule as a clue in this paper. The purpose is to find ways to remedy civil rights have been infringed by administrative normative documents. Eventually this paper will provide some valuable suggestions for the legal regulation of administrative normative documents.This paper combined with the relevant rules of the Provisions for of Gansu Province and the article39of Law on Road Traffic Safety, started from the legality of the elements including subjects, contents and process about Administrative Normative documents, analyzed the illegality of Lanzhou vehicle restriction rule, find the possible ways to remedy.Find administrative normative documents abound in administrative activities, but the lack of effective review and supervisory. And because of the lack of uniformity of national laws and regulations, aggravated rampant situation of administrative normative documents, administrative record review system which local government set in the regulations about the management of normative documents proved to be useless. The existing way of administrative reconsideration review due to lack of review process and the guarantee of judicial review is difficult to obtain actual effect, supplementary review and legitimacy review further narrowed the scope of administrative reconsideration, lead to civil rights is difficult to obtain relief by the administrative reconsideration when it infringed by administrative normative documents. The judicial relief as the last barrier of civil rights has not been reflected in the legal regulation of administrative normative documents. The guidance document which issued by the Supreme People’s Court did not change the practice, which is The judge in judicial practice neglect to review administrative normative documents. The draft amendments to the Administrative Procedure Law increased the content of the supplementary review about administrative normative documents, although it does not know that whether the draft ultimately be passed, but the draft provided direction about the establishment of the judicial review system of administrative normative documents. The administrative litigation system which is docking with the administrative reconsideration is the effective way to protect administrative efficiency at the same time to prevent the abuse of administrative power. Administrative law as a law of regulating administrative power eventually should set up perfect system for protection of the civil rights, Not that the situation we encounter in Lanzhou vehicle restriction rule that the civil rights is difficult to get relief. In this paper, combined with the actual legal system in China, learn from foreign judicial review system, finally put forward the suggestions of how to perfect the legal regulation of administrative nonnative documents.