Perfection Of Judicial Review System Of Administrative Normative Documents

According to the law,the administrative law is the criterion of law enforcement in our country.However,China has a vast territory,many ethnic groups,different ethnic groups in different regions.The economic development and population distribution are different.The laws and regulations themselves have general and lagging characteristics.The executive authorities must both under the laws and regulations under the framework of law enforcement and in line with the local situation must have a detailed administrative authority to exercise the documentary assistance,in this case the administrative normative documents came into being.But the French jurist Montesquieu said,"no boundaries of power are easy to abuse," the administrative normative documents developed by the executive authorities and executive authorities,if the contents of the administrative normative documents are not reviewed and supervised,Some administrative organs abuse administrative normative documents so that damage to civil rights.(Hereinafter referred to as the "Administrative Procedure Law"),the "Administrative Procedure Law"(hereinafter referred to as the"Administrative Judicial Interpretation")issued by the "Administrative Procedure Law" Article 20 of the "Administrative Judicial Interpretation" provides that citizens may bring an administrative review of administrative normative documents when they bring an administrative action.Article 21 of the Administrative Procedure Law provides that Article 21 of the "Judicial Interpretation" When the normative documents are not legal,they can be found that the administrative act is illegal and can be made to the administrative normative document making organ,and the processing proposal can be copied to the government at the same level and the administrative organ at the next level.To determine the administrative normative document judicial review system,so that the judicial power can legally supervise the executive power,to prevent the abuse of administrative normative document rights.But we all know that only a few short laws and regulations can not establish a sound system,the normative document judicial review practice there are still many difficulties,the normative document judicial review system is necessary to improve the measures The To this end,this article will be "Guangxi height restrictions case" as the starting point,the administrative normative documents judicial review of the various stages of practice in the plight of the absorption of law,Germany,Britain,the United States and other countries on the administrative normative documents judicial review system This paper puts forward the consummation of the plight of the administrative normative document judicial review in our country,and puts forward the consummation of the difficulties in the practice of administrative normative documents in our country,combining with the actual situation of our country and the relevant laws,regulations,judicial interpretation and policy documents.This paper is divided into six parts:The first part,the question raised.Through the introduction and brief analysis of the "Guangxi height restriction case",the contents of the judicial review of administrative normative documents are drawn.The second part,the concept of administrative normative documents.Through the definition of the administrative normative documents,the definition of the administrative normative documents,the administrative normative documents are classified according to the different characteristics,and the administrative normative documents are classified according to the characteristics of the title,the definition and the definition of the definitions and the classification and analysis.The scope of administrative normative documents referred to in the document judicial review system.The third part is the outline of the process of judicial review of administrative normative documents.This part is divided into two sections,which are the basis and the significance of the existence and existence of the judicial review system of administrative normative documents.The basis and basis of the existence and existence of the judicial review system of administrative normative documents are divided into historical basis,realistic basis and auxiliary basis.The significance of the judicial review system of administrative normative documents from the benefit of restricting the executive power,is conducive to improving China's legal system,is conducive to maintaining the legitimate rights and interests of the administrative counterparts,is conducive to standardize the development of administrative normative documents,is conducive to improving the current Administrative normative document review mechanism,is conducive to adapt to the scope of administrative action to expand the actual six angles to analyze.The fourth part,the administrative normative documents judicial review practice problems.For this part,the author points out some dilemmas in practice,namely,the realistic dilemma of the prosecution and the filing stage,the realistic dilemma of the trial stage,the realistic dilemma of the judgment stage and the realistic dilemma of the implementation stage.The fifth part,foreign "administrative normative document" judicial review system research and reference.Through the introduction of the judicial review system of the administrative normative documents of the four countries,it is hoped that we can find useful experience in the system to solve the practical difficulties of judicial review of our administrative normative documents.The sixth part,the administrative normative document judicial review practice dilemma perfect thinking.This part mainly according to the fourth part of the classification,prosecution and filing stage,the trial stage,the judgment stage,the implementation phase of the plight of their own perfect thinking.