From "Stealth Review" To "Incidental Review":on The Judicial Review Of Normative Documents

In China,As the introduction of relevant regulations and the development of theories and practice,the Judicial review mode of the normative documents was evolved step by step as the years went by.The incidental censorship has been established by revised The Administrative Procedure in 2015,but it Just the beginning,then we must pay attention to the problem that how to make the system run effectively.This article is divided into four parts.The first part: card the basic issues and related realities of the normative documents.The second part makes the time as a clue,card the development of the mode which Judicial review on normative document.Through the analysis of the problem that court had been reviewed the validity of the normative documents in specific cases at different times,this paper holds that the development history of the review mode can be divided into three periods: first period:stealth review mode which according to the method of applicable rules(1989-2004).The second period: argumentative review mode(2004-2014).The third period:the incidental censorship(2015-).The third part describes how the normative documents are defined in the other countries and regions,and a brief card the Judicial review of the administrative norms in these regions,to find out the part of the practical operation of Chinese reference part,and to be used.The fourth part focuses on the application of the newly established normative document incidental censorship system attached in Judicial practice,with a view to have a guiding significance for the Judicial practice in new system.