Research On The Review System Of Normative Documents In Administrative Litigation

Revised November 1, 2014 of the "administrative procedure law" for the first time to join the normative documents with censorship, gives people with the examination of the request for administrative behavior on the basis of normative documents in the administrative litigation rights, there is no doubt that the establishment of the system for safeguarding the legitimate rights and interests of the relative people,strengthen the judicial organs of the administrative power supervision is of great significance however, whether the "judicial interpretation of administrative litigation law" or after introduction of the provisions of the basic content of this system is simple and provides a relatively few people enjoy the right to form and the people's court for processing after the normative documents, the judicial practice is stretched, complex problems can not appear with practice. So this paper takes the normative document incidental review system as the main line, it Under the rule of law in China, the basic content of how to construct the normative documents of incidental review includes the content of examination, the standard of review, the effectiveness of the treatment and the effectiveness of the results.This paper is divided into four parts. The first part mainly expounds the basic concept, normative documents and normative documents with review of the theoretical basis for the cause of normative documents attached to review and normative documents of collateral review; the second part mainly discusses the normative documents with review of content and standard form, after treatment; the third part mainly discusses the normative documents with review the treatment effect and how to ensure the implementation of the recommendations of justice; the fourth part mainly expounds three problems with normative document review systems also need to pay attention to such problems, the formulation departments under the jurisdiction of the court's position in the proceedings as well as the people's court to adopt what kind of review review of normative documents.