A Study On The Incidental Review System Of Administrative Normative Documents In China

There are a large number of administrative normative documents and a wide range of applications,almost involving all aspects of social life.It is true that the implementation of administrative normative documents guarantees the effective administration of the administrative body to the society,but the uncontrolled expansion of the administrative normative documents has received more and more doubts from the administrative jurisprudence community.The current domestic jurisprudence study provides a detailed and comprehensive demonstration of the definition,type and validity of administrative normative documents as well as the supervision measures and issues of administrative normative documents.It is also discussed whether administrative normative documents should be included in the scope of administrative proceedings,At the same time,the judicial review of normative administrative documents has also been discussed in more depth,and some basic theories and methods have reached a certain consensus.However,the study of incidental censorship is only limited to the defects and perfection of the relevant measures of the Administrative Review Law.The new " Administrative Procedure Law " clarifies the court's right of censorship.A few scholars conduct a preliminary study on the bright spots in the revision of law.However,there are still few discussions on the censorship system attached to the court.In the face of the unsatisfactory speculation in the "Administrative Procedure Law" in practice,the revision of the administrative review procedure on Administrative Normative Documents has gradually become a hot issue for discussion between the legal circles and practitioners.Although "the incomplete law is better than the unknown law",the crude and general rules can not make the system well implemented.This requires a comprehensive analysis of the system of judicial review of administrative normative documents.It is worth mentioning that the Supreme Court played a very important role in the development of the rule of law in our country.In the field of administrative litigation,the judicial interpretation and the published guidance cases have systematically established the beneficial experiences accumulated by the people's courts and other judicial organs over the years and has promoted the implementation throughout the country.Since 2000,a few judicial interpretations have beenpromulgated by the supreme people.The most recent one is the judicial interpretation of Fa Shi [2018] No.1 issued on February 6,2018,and the explanation uses seven more elaborate clauses To further clarify the core elements of the incidental review of the administrative normative documents,and to fix the experience accumulated in the past especially on the issues such as the procedures for initiating and reviewing attachments,the criteria for judging illegally administrative documents,and the handling after the review,Which undoubtedly played an important role in the construction of the incidental censorship system.However,compared with the sound European and American countries in the rule of law,this system in our country is undoubtedly still in its infancy.Therefore,it is necessary to carry out the research from the following aspects:the review standard of the administrative examination of the administrative normative documents incidentally,the way of examination and the handling after the examination.The value of administrative normative documents lies in the implementation.Only by clearly defining the status of administrative normative documents can the effectiveness and judicial effect of administrative normative documents be established.At the same time,Personnel review obligations,a preliminary assessment of the basis for the effectiveness of administrative normative documents.Therefore,it is the most important task to clarify the boundary of administrative normative documents and strictly regulate the formulation,supervision and application of administrative normative documents so that the legalization of administrative normative documents can be achieved.This article starts with the basic theory of the censorship system attached to administrative normative documents.After observing the status quo of the legislation and practice of this system in China,this article studies in depth the theoretical basis and ideological origins of this system.After that,The major rule-of-law-developed countries outside the territory have gradually established the main body structure and internal design of the system on the legislative and practical aspects of the system and finally formed the understanding and comprehension of the incidental censorship of administrative normative documents.While harvesting academic achievements,we also expect to contribute more to the development of our country's judicial review system.