On Judicial Review Of Administrative Normative Documents

On November 1st, 2014, the decision of modifying the “administrative procedural law” was voted to pass at the eleventh session of the twelfth National People's Congress. The new “administrative procedural law” stipulates that when the citizens, legal persons or other organizations in a civil lawsuit against the administrative behavior, one can request a judicial review of the administrative normative documents related to the administrative behavior at the same time. The law also regulates that if the administrative normative document is considered to be illegal, the court cannot make it as the basis of that administrative act, and also makes suggestions of resolution for the organ which enacted the document.Comprehensively promoting the rule of law, and implementing the power with the law by the judicial supervision, is a far-reaching historical significance in China's strategic deployment. The judicial review of administrative normative documents is the inevitable request of administration according to law. With the establishment of the judicial review system of administrative normative documents, it will form a new balance between the power and the law in our country. Power is limited by judicial supervision, which is the trend of The Times. In this paper, I hope to bring more scholars to pay attention to the judicial review system of administrative normative documents, and offer recommendations for the construction so that we make better contributions to the improvement of the system.In this paper, the body of thesis includes six parts. The first part introduces the connotation of administrative normative documents from three aspects consisting of the definition of the concept of administrative normative documents, the characteristics and the distinction related concepts. The second part starts with the current situation of administrative normative documents, and illustrates the necessity of setting up a judicial review system of administrative normative documents. The third part introduces the theoretical basis and legal basis of judicial review of administrative normative documents. The fourth part discusses in detail from the aspects such as the requested subjects and methods, objects and scopes, standards, and the legal effect on the basis of the new “administrative procedural law”. The fifth part briefly analyses the experience of judicial review system in the UK, the United States, Germany, and France. The sixth part puts forward concrete suggestions to improve the judicial review system of administrative normative documents.