Study On The Judicial Review Of Normative Documents

With the expansion of administrative boundaries,the manifestations of the administrative power are more complex,so it should be provided with a number of normative documents to specifically guide the changing administrative practice,in addition to laws,regulations and other norms.Normative documents will inevitably be not legal or violate the legitimate rights and interests of the administrative counterparts because of their own defects,therefore it is necessary to carry on the supervision of normative documents.There are many ways of supervision,judicial review that the court provided is one of the important monitoring mechanism.The scope of judicial review including the horizontal scope of the case and vertical intensity of review,from the horizontal point of view,the normative documents can be asked for judicial review,but still be excluded from the scope of accepting cases,not directly put forward.It is a litigation claim for application subject,rather than the right to sue,however not conducive to the formation of the judge evidence as the lack of the subject application.The court has the power to discover,but limited to refuse to apply and make recommendations,unable to exercise the jurisdiction of judicial review,and this is not a complete meaning.The court should carry out the review for the normative documents according to the authority and the application,without an omission of judicial review.From the vertical point of view,the scope of review about normative documents accept the different intensity of review for different content,and it requires the court to adhere to the initiative and modesty.With the accumulation of review experience and the ripe of the timing of legislation,the legislative structure should be adjusted,article 2 of the Administrative Litigation Law should broaden the interpretation,the meaning of the second chapter should make adjustments,the restrictions caused by the thirteenth lifting of the first paragraph of article(two)should be removed,and the content of the article fifty-third and sixty-fourth should be modified.In addition,the litigants ought to be given the right to sue and ask the court to do the judgment,but the prosecution should have interests to avoid abusing rights.Administrative organs,including the makers,executors or observer of normative documents,legislative or judicial organs,are administrative legal community,each unit should not only keep strict compliance with the boundaries,but also maintain the normal order of administrative law or cure damaged.Looking at the administrative process and supervision,we should pay attention to legality review and public participation,comply with the statutory procedures in the formulation of normative documents,and strengthen the filing review,regular evaluation and inventory management after enactment.