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Research On The Problems Of Judicial Review Of Administrative Documents

Posted on:2018-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:C ChenFull Text:PDF
GTID:2346330515979245Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Administrative normative documents play an important role in the daily activities of executive authorities.On the one hand,the executive authorities make the laws,regulations and national policy to be better implemented through the administrative normative documents.On the other hand,administrative normative documents are timely and flexible.Social development is changing,new things are endless,and the delay of the law makes it impossible to regulate the new things in time.At this time,the executive authorities can formulate administrative normative documents to regulate these new things timely.not only to fill the gaps in the law,but also to ensure that social management is evidence-based,to maintain social activities.However,in practice,the administrative normative documents exposed problems.such as the non-standard fomulation procedure,the conflict with laws.The emergence of these problems,make laws and regulations and national policies can not be fully implemented,undermining the credibility of the government and the legitimate rights.Therefore,how to regulate the administrative normative documents,related to the establishment of government credibility,relate rights and interests of the protection,it is also an important part of our legal system.The incidental review of administrative normative document established by the The new administrative procedure law,is the key to solve these problems.As a form of judicial review in China,the court examine the content of administrative normative documents,review the legal issues,to promote its more "standardized" through the use of the incidental review.In fact,the judicial review of administrative normative documents in our courts has already existed.Before The new "Administrative Procedure Law",laws and judicial interpretation has given power to the court to review the administrative normative documents.a large number of jurisprudence prove it.However,through the case,combined with the relevant laws and judicial interpretation,it can be found that the judicial review of administrative normative documents have many problems.such as the fuzzy laws and judicial interpretation,review standards are not unified,the negative attitude of the court.Whether these problems can be resolved,related to the development of the incidental review system.Based on the basic concepts of administrative normative documents,judicial review and incidental review,through the means of text analysis and empirical research,this article studies the judicial review of administrative normative documents.First of all,demonstrates the administrative normative documents,judicial review and other basic concepts,combined with the views of scholars,to study its characteristics,role,type and so on.Secondly,from the laws and the cases to show the status of administrative normative document judicial review,and summarize problems.the problem can be divided into legislative problems,judicial interpretation problems and judicial review problems.Thirdly,from the administrative normative document itself characteristics,laws and judicial interpretation and the judicial system to find the reason.Finally,according to the problems and causes,combined with the experience of foreign countries,put forward suggestions from the review standards,the scope of the review,the implementation of judicial recommendations.So that the incidental review of administrative normative document can be better implemented.
Keywords/Search Tags:Administrative normative documents, judicial review, incidental review, review attitude
PDF Full Text Request
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