The Normative Documents Accompanying The Review In Administrative Litigation

On November 1 2014,the new "Administrative Procedural Law" was promulgated.The article 53 gives the administrative relative person when in administrative litigation shall request the court to the administrative act of the defendant on the basis of the right to review of regulatory documents.The article 64 regulates the procedural method for the court to results of normative documents review.Thus,it establishes the prescriptive documents in administrative litigation.The first chapter of this paper mainly introduces the meaning and related problems of normative documents,and analyzes the theoretical basis and practical necessity of such a system and compares them with the similarities and differences between other related conceptual systems.The second chapter is mainly about the new administrative procedural law on the administrative litigation in the regulatory documents attached to the relevant provisions of the promulgation of its new law before those of relevant significance of the new law and the existence of the new law after the systematic analysis of major issues.Before the new law was enacted,the administrative litigation of our country in the early judicial review of regulatory documents has relevant regulation,mainly from the judicial interpretation and self-regulated regulation of the supreme people's court.These rules give the "hidden power" of reviewing the regulatory documents in the administrative litigation by means of "self empowerment".The promulgation of the new law has greatly improved the content of this kind of "tacit power" in order to crystallize and legitimize this kind of "recessive power".However,in the case of the implementation of the new law,its effectiveness is not ideal after the implementation of the law,and there are problems such as the imperfect system construction and unreasonable regulations.The third chapter of this article is mainly to some of the major countries?regions? outside the abstract administrative behavior of judicial review of comparative study.For attached to review administrative normative documents,although it is not exactly the same in major western countries,in terms of abstract administrative act judicial review has a very mature system,normative documents attached review in administrative litigation of our country's system construction has a positive significance.The last chapter of this paper is mainly from the institutional level for the new "Administrative Procedure Law" against the administrative litigation in the normative document with review to build.Although lead to regulatory documents attached review in administrative litigation effectiveness is not ideal reason,but from the law and method of hermeneutics to existing norms to supplement and correction,in the moment there is no doubt that with immediate effect,therefore,on the basis of the existing theoretical results at home and abroad,from the review process,criteria,methods,and examine the results of the administrative litigation system of incidental review of regulatory documents building,to make such a system has a clear and unified operability in the administrative litigation practice.Especially in the case of censorship standards into the rationality review,the judgments of the court are not only the power of administrative normative documents of power restriction(whether conflict with host law),will also be rights restriction on power(whether improper infringement of citizen's legitimate rights and interests)into account,in order to better protect the rights of citizens.In addition,in the way of the construction of system to attain the goal of the administrative litigation and play to the role of the judicial power to supervise administrative power,to the existing normative documents have a positive role to resolve the problem,so that the purpose of this system into effect.