Research On The System Of Review Of Normative Documents In Administrative Litigation

Because of the inevitable fuzziness of law,normative documents tend to interpret the law or make up for the loopholes upwards,downwards to guide practice of administrative law enforcement.In the process of the "transmission" type,the legitimacy of the normative documents gradually lost,and this kind of loss the legality of the normative documents and often served as the basis of the specific administrative act.When the court review based on normative documents of the legality of specific administrative act,must first solve as a basis for the legitimacy of the normative documents But before administrative procedure law amendment issued in 2014,founded by the judicial self-control specification review rules do not offer the judge in such cases the effective rules to guide,presents the right to review the problem of insufficient standardization.After 2014 article 53 of the administrative procedure law article 64 formally established normative documents as censorship,it to a certain extent,ease the problem of shortage of the judicial review normative legal documents,but the problem is not solved.And to the limitation of the system,with the characteristics of indirection,indicates the system design must be different from general examination of the specific administrative act,the system of review procedures,review standards,treatment advice and other aspects need to be perfect.Presently many studies mostly stay in theory concept problem analysis level,or the lack of concrete system construction of the attention it deserves.In this paper,by examining the existing authority to run the status,right to tease out the existing review operation rules,and analyze the characteristics of the censorship,along with all the proposed build more sophisticated censorship normative documents.The author thinks that: 1,in terms of review procedures,(1)review startup mode is not only "the plaintiff requests examination",also including the judge to start,according to the power by the logical deduction and the judicial practice of judicial review.(2)review the startup time should be before the end of the court debate,but not before the end of the court to investigate.(3)review procedures should also include the review object recognition,proved with the specific administrative act of the defendant on the basis of associated procedures,and written words trial proceedings,etc.;2,the review standard deep level,drawing on experience of judicial review of the United States,Germany,the author thinks that the construction of audit standards of our country should stick to local features,the judge should stick to the principle of thinking and policy thinking in the review,adopt classification to distinguish between review ideas,using a variety of legal interpretation tool,strive to build judicial activism tolerance interaction in balance with the standard of review.3,in the treatment of the suggested system,work style,(1)to do the written judgment of arguments presented the legality of the normative documents,evaluation,do not in excess of the referee and outspoken.(2)to establish a system for promoting processing Suggestions play effectiveness,urge the normative documents issuing authority for positive response.Through the above system construction,in order to system of reviewnormative documents along with all the good and effective operation,it will be under the rule of law,the government of people,by the people and for the people.