Research On Judicial Review Of Administrative Normative Documents

As the administrator of administrative affairs, the administrative organs are often out of the administrative needs, to promulgate a variety of new rules and regulations, the so-called administrative normative documents. However, in reality there are many administrative normative documents are illegal phenomenon, a serious violation of the rights and interests of citizens. The newly revised Administrative Procedure Law of 2014 clearly stipulates that the court can carry out incidental judicial review on the administrative normative documents on which the administrative act is based in the administrative litigation, but does not make more detailed provisions on the specific construction of the system. The research on this system is not deep enough and extensive. However, the process of democracy and the rule of law continue to promote the judicial organs should be more stringent review of administrative normative documents, thereby enhancing the supervision of administrative normative documents, and correctly guide the development of administrative normative documents. Based on the relevant theories and judicial practice of foreign countries, this paper summarizes and summarizes the main points involved in this paper. Based on the basic national conditions of China, this paper discusses the application of the principle of judicial review from the setting of the main body of the judicial review, The author puts forward the concrete and feasible solutions to construct the judicial review system of the administrative normative documents in line with China’s national conditions.