The Basic Procedure To Apply The Administrtive Normative Docements In Jursdicion

In November 2014,the "administrative procedure law" amendment,the normative documents of the incidental review system,normative documents but only the departments of the State Council and the local people's governments at all levels and departments,namely administrative regulations normative documents.Because of its non Legislative,but the policy of normative documents,rather than legal normative documents,can be called "the law of normative documents".The administrative normative documents in the aricle(hereinafter referred to as the "Regulations")refers to all the regulation and adjustment of state administrative affairs are generally binding documents,including legal,administrative regulations,local laws and regulations and normative documents outside the law.However,the current "administrative procedure law" only provides for the review of normative documents outside the law,rules and regulatory documents before the application to review it? Because of the normative documents of the legal review and examination of conflicts is a prerequisite for the correct application of the law,the power to review the normative documents is due in court cases,and in the judicial practice has been the existence of such a review.Review of regulatory documents,the court in accordance with its authority to initiate or initiate a review based on the application of the parties.At present,the review of the normative documents only stipulates that there is no clear regulation of other normative documents.In addition,the examination of normative documents is attached to the case.For various reasons,the judicial application of normative documents is often very subtle,and the basic path of the application is not clear.Some scholars have done the investigation method: when the officer in the middle of the law against the superior law,often choose to apply directly,not in the judgment statement.Normative documents basic on the experience,the review process is not clear.Therefore,it is necessary to review the basic path of the application of normative documents.The basic way of judicial application of administrative normative documents,that is,to review the application process,is divided into four stages: start,review,application and related supporting measures.First: start,divided into the court initiative and the parties to apply for two ways to start.The application of the parties is limited to the legality of the normative documents.The court may start all documents review,but must conduct a preliminary examination,determine the nature of normative documents:(1)If it is legal,administrative regulations,local regulations,may be started only review the legality review,is inconsistent with the law;(2)If it is nonlegal regulations and normative file,start legal review,and review whether the conflict law.Second: according to the "legislative law" of the provisions of article ninety-sixth,the legality of the main review to review whether beyond the authority,the procedure is legal.Contravene the review,according to the feature specification statement,mainly from the applicable conditions,rights and obligations and legal consequences of the three aspects of whether the conflict for review;third,the court decided to apply for,according to results of the review are: Legal applicable law does not refuse to apply;conflict with superior law must choose to apply the law.Fourth,the relevant supporting measures,if the review considers normative documents are not legitimate,but also need to make recommendations to the judicial authorities,and to review the application of the decision to be announced.