On Construction Of Document Review Proceedings Of Administrative Norm

A lot of making administrative normative documents activities exist in practice, from strengthen and improve the administration and the administrative law, has its rationality and inevitability, administrative normative documents formulated by the administrative organs play an important role in practice, become an important strength of our law government construction. It makes up for the loopholes in the law, to the administrative management of the complex and real life needs; promoting the administration according to law, provides the important basis indispensable for administrative management; to mobilize the enthusiasm, all levels of government and its staff’s initiative. Just administrative normative documents once the illegal or inappropriate, the scope of its influence is extensive. This is a challenge to the government’s credibility. At present, China’s current administrative litigation system eliminates the administrative normative document review, which is not conducive to the protection of the administrative relative person’s legitimate rights and interests,but also in accordance with the law and the purpose of a right there is relief against the idea of rule of law. Based on the analysis of the present situation of supervision of administrative normative documents, think it will be necessary to administrative normative documents into the scope of judicial review,construction has China characteristics of the normative documents v...This paper is divided into six parts: the first part begins with a typical case,pointed out that the administrative illegal normative documents to the administrative relative people to hurt, China’s judicial practice in such cases.Aimed at the problem to solve the embarrassing judicial position. Secondly,summarize the research situation about the administrative normative documents review proceedings at home and abroad, research significance and research method. The second part mainly introduces the basic situation of document review proceedings of administrative regulations, including the administrative normative documents defining the concept, characteristics and effect. Defect in China’s current status of supervision of administrative normative documents and the supervision way existence. The necessity of constructing the document review proceedings of administrative regulations of our country and the feasibility of. The third part is mainly on the theoretical basis of constructing document review proceedings of administrative regulations of china. The feasibility study of construction of document review proceedings of administrative regulations in China in four aspects. Namely:theory, organization, institution and social foundation. The fourth part is the study of the documents review proceedings of administrative norms, through comparative studies and proposes litigation document review administrative normative mode in our country. The fifth part is mainly elaborated on the construction of document review proceedings of the norms of our country, the main choice is the starting from the legislative mode, put forward the specific design of the system construction of China’s regulatory documents from litigation, plaintiff qualification, burden of proof, review subject, jurisdiction,trial, review according to several aspects, such as the way of sentence types to construct Chinese, characteristics of the normative documents v.. The sixth part is the conclusion, on the main points of this paper are summarized.