Research On Judicial Review Of Administrative Normative Documents

On November 1,2014,new revision of the “administrative procedure law of the People's Republic of China ” and following the supreme people's court on some issues applicable <law of the People's Republic of China administrative procedure law> and other regulations,the people's court for judicial review of administrative normative documents this question has carried on the regulations,will be in of the relevant law,relevant content under the premise of relevant argumentation,and analysis of the specific content of judicial review of administrative normative documents,and found that the law,although there is a clearly defined in terms of content,the specific applicable process,however,there are still problems.The first part is mainly an overview of administrative normative documents,starting with the basic problem,namely,the concept,type,and legal status.Secondly,from the institutional analysis,the supervision system is combed,which is the monitoring system both at home and abroad.By comparing the methods and ways of the literature of the content of the administrative normative documents,as well as its existing problems,discusses on the necessity of judicial review of China.The second part is to integrate administrative normative documents into the exploration and significance of judicial review.The problems in the study of administrative normative documents from the reverse are the problems such as the development of the subject's confusion,the formulation of procedures and the accountability,etc.Positive argument will be incorporated into judicial review administrative normative documents,it is in the legal status of the people's court,the judicial practice and the administrative reconsideration regulations,so that it is feasible.We have explored the inclusion of judicial review in both positive and negative aspects.In addition to the different main body significance,that is,to the court,and the administrative relative person,the normative documents themselves,and combine with the administrative reconsideration Angle,analyzes the significance of normative documents into judicial review.The third part,the main operating system,this paper detailed discuss the judicial review of operational problems,namely,from the start,after examination,the examination of processing,to discuss the basic requirements.Specifically,the legal text of judicial review of normative documents,and its rationality,the initiation nature is incidental examination;When it comes to censorship,it is a question of the status of the plaintiff and the standards ofcensorship;Finally,the law stipulates that the legal and legal advice should be discussed.Beginning from the fourth part,safeguard measures,that is,a system of operation should not only have the mechanism to have a means of protection,is the guarantee of judicial review administrative normative documents.From ensuring the effectiveness of judicial proposals,to the accountability mechanism,the judicial review is guaranteed.Based on the research on the judicial review of administrative normative documents,the concrete implementation measures are put forward in combination with the actual situation of our country.