An Analysis Of The Treatment Of Adminis-Trative Documents After Judicial Review

The administrative normative documents are the administrative tasks that the administrative organs manage various social firms.Due to the complexity of the administrative affairs,the types and quantities of the corresponding administrative normative documents are too high,so that their legitimacy cannot be fully guaranteed.According to the relevant provisions of the Administrative Litigation Law,the people's court may review the administrative regulatory documents incidentally,and the relevant judicial interpretations clearly stipulate that the people's courts may exercise legal identification rights,evaluation rights,and judicial advice rights over administrative regulatory documents concerning the case.The right to copy,but there is no right to confirm the illegality of the administrative normative documents that are found to be illegal,it goes without saying that this is not conducive to the regulation of administrative normative documents,and is inconsistent with the principle of administration according to law.Comparing the relevant provisions of some countries outside the two major law systems,the judicial review of administrative regulatory documents in china,whether judicial review standards or post-judicial review,is different from them due to differences in the state,government,and social,economic,and cultural backgrounds.As far as review standards are concerned,in the relevant provisions of the extraterritorial regulations,the judicial organs can not only examine the legality of administrative normative documents,but also provide reasonable review of the administrative normative documents.The discretionary powers of administrative agencies can be carried out to varying degrees with the necessary rationality.Review to prevent the abuse of power by the executive authorities;With regard to post-judicial review,the judicial organs of some countries outside the domain may declare invalid or revoke unlawful or inappropriate normative administrative rules.However,due to the different design of China's systems,the people's courts cannot not only conduct reasonable review of administrative regulatory documents,but also have no right to give invalid administrative normative documents a judgment of invalidity.This article takes the related incidental judicial review cases as the entry point,explores the effectiveness review of the administrative normative documents by the people's court,further studies the post-judicial review process,and draws on the useful inspiration from the extraterritorial related systems to eliminate problems and give The people's courts must make up for the invalidation of invalid administrative normative documents,complete the shortcomings of relevant systems,and promote the full implementation of the right to judicial review.This is not only a summary of the useful experience of the trade-off between legal values,but also one of the essences of improving the governance system in China.