The Reaserch On The Attached Review System Of The Regulation

Under the framework of our country's constitutional government system,the argument on judicial investigation of abstract administrative act has been a hot issue in the academic environment.In recent years,the use of regulation as one of the administrative activities has become more frequent and widespread,and has become closely related to the lives of administrative counterparts.However,we have not yet had a unified law that regulates the regulation.The "grass-like growth" of the regulation provided an opportunity for the addition of Articles 53 and 64 to the amendment of the 2014 Administrative Procedure Law.The legislator chose the mode of the attached review to supervise the regulation,instead of the direct way.This choice is wise for the moment.It will not touch our country's political system,but it can also realize the supervision of judicial power over administrative power.This is the best choice for the current situation,but as a newly emerged thing,the system still has many areas that need to be improved.This paper attempts to explore the court's review ideas by the means of summarizing the cases.And analysis the problems existing in judicial practice with academic theories.Excluding the introduction and conclusion,the main body of this dissertation is composed of six parts.The first part introduces the sample of the cases,and explains the source of the cases and the screening criterion.And then provides an overview of the data presented by the cases.And the case data were classified according to three different standards:trial procedure,type of dispute,and application of the regulation.These data are used to reflect the problems that arise from the attached revew of the regulation in judicial practice.The second part starts with the definition of the regulation and explores the scope of the regulation that can be carried out with the attached review under the Administrative Procedure Law.As well as the scope of the regulation reviewed in the judicial practice,and to specify the content of the regulation referred to in this dissertation.The third section discusses the theoretical basis and superiority of the regulation that can be reviewed,and makes a feasibility analysis of the choice of the attached review.The fourth part explores the idea of the court's review from the three aspects of the regulation maker of and its authority,the formulation procedure,and the content of the regulation.And discusses the controversial issues such as the scale of the court's review and whether the procedure for the regulation should be included in the scope of the attached review.The fifth part is the exploration of the effectiveness of the attached review.First of all,it introduces China's current legislative choices for the review of the regulation.And then,by analyzing the current three different theories,I present my views on the current legislative situation.The sixth part is the author's outlook and suggestions on the urgent issues that emerged in judicial practice,focusing on the detailed analysis of administrative regulations and rules that should also be included in the scope of the attached review.It also proposes ideas for establishing a nationwide information sharing platform within the court system,even between the court system and the administrative system,hoping to perfect the current attached review system.