Study On The Review Of Regulatory Documents In Administrative Procedure

In 2015, the incidental review of normative documents pulls away its veils as the new administrative procedure law appears. It is still of great historical significance in the administrative procedure in spite of a small hole. In the past, judicial authority has no right to supervise this kind of normative documents such as Beijing limited license policy, and even though it is reviewed by the court, in fact it belongs to non-permission. But now it becomes legal review. From now on, the "red tape" takes off a coat, but instead our right puts on another coat. The incidental review, however, which appears in the administrative procedure for the first time, is not perfect. As to the practical application, it has many problems to be solved. We should solve them quickly, or it will lead to ineffective operation.Therefore, in terms of incidental normative in the administrative proceedings, we evaluate its advantages and disadvantages by analyzing the existing laws and regulations, affirming its positive side, but at the same time we should also see its flaws and gaps. Facing rude censorship framework of administrative proceedings in incidental normative documents, it results in some puzzles in practice, so the author puts forward some humble opinions on these practical problems. First the author gives some analysis and evaluation as far as determining the jurisdiction of the court and the objects that can start procedure. Next in terms of the incidental review standards, the author thinks we cannot blindly take the legality into account without considering its reason-ability. And the review mainly includes the review of the authority, the review of effectiveness, the review of legality, and subsequent review process and how to deal with the results, to judge, to give judicial suggestions and to share results of the review. Finally, the author describes its restrictions and disadvantages. Although to a degree the incidental review makes up the blank of judicial review, its existence relies on the specific illegal administrative acts. Thus it can easily lead contradict between administrative review and administrative procedure. So the author has some recommendations in the legislation of the future. In following administrative proceedings, regulatory documents should continue to be developed and improved the model of judicial review, not just sticking to incidental review, but also to improve a more rational censorship. The author believes that single incidental review is not enough; it should cooperate with direct review and coexist in administrative lawsuits. Because the adverse effects of regulatory documents is not produced after it infringes on people such as getting some punishment, but in fact when it is released,the behavior of citizens, and the model of behavior is already restricted. That is to say it has a direct interest in derogation. What is more, two-trial-for-final i restricts the right remedy, and in practice it is difficult to start retrial. If the normative documents can be sued directly supervised in the trial, the relief of right inevitably make more unimpeded road, and promote social harmony. meanwhile the government should actively promote the development of "normative documents Law" to meet the needs of social development, bent over backwards to clean up the source of chaos normative documents to facilitate the process of law-based government, the rule of law and the process of rule of law.