Research On The System Of Judicial Review Of Administrative Normative Documents

The court review administrative normative documents system refers to the people's court in the administrative litigation case,at the request of the parties to an administrative organ to administrative behavior legitimacy to review administrative normative documents based on a system.Is administrative organs in our country,the administrative normative documents formulated according to the power according to law for not certain of the other party with a general binding force of the code of conduct,the court to review is called judicial review,worldwide,of abstract administrative act judicial review system has certain regulation,it is the development trend of legal supervision and administration.At the present stage in our country,because of the administrative normative documents has many characteristics,such as making subject universality,style diversity,led to a lot of churn out administrative normative documents.Law exists for indistinct definition of administrative normative documents,judicial review of administrative normative documents procedures not clear,judicial review intensity is weak,and judicial review after the referee to execute.Law court review of administrative normative documents is only the indirect,supplementary examination,thus caused the weak judicial supervision of administrative problems,in expanding executive power,as a direct result of administrative law enforcement deviated from the principle of administration according to law.Many scholars have discussed the problem of illegal and legal remedy administrative normative documents,this article from the illegal administrative litigation,the feasibility of normative documents in advance and advance the disadvantages of actionable two aspects were analyzed,and hope to be able to weigh the pros and cons to solve the problem.Paper focuses on the problems existing in the current judicial review system,at the same time express their own humble opinion for how to improve.For administrative normative documents defined problem,theory and practice,this paper established the legislative characteristic,external standard,standard three criteria,only normative documents at the same time meet the three criteria can be defined as administrative normative documents;For the review process,this article from the main body qualifications,judicial review about methods,about aging,the jurisdiction of the court,clerical response to the claims of five Angle carries on the discussion,put forward the problems existing in the existing system,and put forward the perfect idea;Answer to the question of the judicial review intensity is weak to distinguish on the basis of the need to review,this paper is divided into strict review,loose,almost no umpire three power degree;Exist in the judicial referee execution,convicted of illegal administrative normative documents judge effect only to personal opinion and lay in the written judgment processing problems,executive weak from the effect and processing opinion supervision,the paper puts forward Suggestions;Paper finally wrote about the idea of legal remedy illegal administrative normative documents,analysis the feasibility of legal remedy,and the relief if can advance,how to solve problems you might encounter in practice.In my opinion,the related provisions of the existing legal system of judicial review is not able to adapt to the demands of the development of modern society under the rule of law,we need to sum up experience from practice,improve the system of judicial review.In ensuring judicial power and administrative power of no intervention at the same time,also want to ensure the independence of the judicature,limit the expansion of executive power and supervision and regulating administrative organ administration according to law.