The Theory On Judicial Review Of Administrative Normative Documents

In China, the administrative normative documents are the specification of laws and regulations. Through them, all kinds of administrative organizations concrete their administrative functions. On account of many making-bodies and wide scope of influence, it occurs to illegal phenomenon frequently. But they had not been officially included in judicial review for many years, lacking of corresponding supervision. But since November 1th, 2014 the "Administrative Procedure Law" was passed, the courts will have the right provided by law to do collateral review of the normative documents. But this power of judicial review is very weak, and the difficulties faced in the process of implementation is relatively more.This article will be divided into four parts to discuss in detail. The first part is about the legal concepts and characteristics of the administrative normative documents. By organizing the conception, we will make the object discussed herein clear and definite; The second part describes judicial review on administrative normative documents, including previous "invisible review", collateral review and now judicial review comes with censorship problems to be solved; The third part will analyze the implementation of correlative systems in France and the United States, to see how similar behavior abroad supervise and control; the fourth part puts forward the construction of judicial review system of administrative normative documents,and the standard of review and procedural requirements with Chinese characteristics.