A Study On The System Of Censorship Of Administrative Normative Documents

When the government from the "night watchman" roles into "public service providers",in order to meet the needs of daily administration and follow the principle of administration according to law,administrative organs gradually has the administrative legislative power.The administrative organs may formulate administrative regulations,administrative regulations and administrative normative documents as the basis for administrative law enforcement.Administrative normative documents have the advantages of making up legal gaps and satisfying the needs of implementing laws and regulations.At the same time,if the administrative normative documents will be abused,it will lead to damage the unity of the legal system.infringement upon the fundamental rights of citizens,impede the construction of the government under the rule of law,reduce administrative efficiency and other hazards.Public power has an inflated nature,if the lack of effective regulatory means,will have a huge infringement on private rights.At present,China's laws and regulations stipulate four ways of regulating administrative normative documents,the NPC Standing Committee for the record review system,Administrative examination and approval system for the record,the system of censorship of administrative reconsideration,combined with the "Administrative Procedure Law" after the amendment to the new administrative normative documents with censorship.The 4regulatory approaches together to review the administrative normative documents to regulate the administrative legislative power.After examining the legal regulations of administrative normative documents.Come to the administrative normative documents incidental review system has the right to relief,review procedures openness and other advantages.And the theoretical basis and historical evolution of the system are also discussed.Articles 53 and 64 of the Administrative Procedure Law and Articles 20-21 of the Applicable Interpretation,published in April 2015,are the rules and regulations for the system of censorship of administrative normative documents.The status of the legislative review of the incidental censorship system is mainly based on the litigation elements,which includes the qualification of the plaintiff,the object of the action,the time limit of the request,the qualification of the defendant.The current situation of the administrative normative documents with the censorship system is not perfect,and there are still some controversial issues such as the examination standard,the hearing procedure and the effectiveness of the examination conclusion.The analysis of this part of the paper provides a solid foundation for the empirical study and prospect of the examination system of administrative normative documents.Administrative normative documents with censorship of the empirical investigation,mainly depends on cases.Case analysis selected "Huayuan company case" and "Chen Aihua case".2 cases occurs in the "Administrative Procedure Law" after the revision of one after another and have an exemplary role.Through the comparison of the 2 cases,it is concluded that the changes brought by the incidental examination system to the administrative trial practice are not very significant.The case study collected cases with the incidental censorship system published in the Chinese Referee Paper Network.A total of 308 cases were collected,and 140 cases were collected and summarized.There are 22 cases into the legitimacy of the link,after the legitimacy of the final review was identified as illegal cases only 5.The new censorship system in practice does not have uniform referee rules,reviews the high threshold,the court's attitude is also more cautious and conservative.Start from perfecting judicial recommendations and following the conclusion of the review of "generally not applicable",let it truly become a prescription of solving the abuse the Administrative normative documents.