Administrative Normative Documents Judicial Review Study

As an important basis for administrative action,administrative normative documents are just like a "double-edged sword".While enhancing the practicality of the higher laws,regulations,and regulations,it also brings enormous problems to the administration of law.How to strengthen the supervision of administrative normative documents and promote the elimination of disadvantages has always been the focus of administrative law theory and practice.After the "Administrative Review Act" confirmed the incidental review of administrative regulatory documents,the "Administrative Procedures Law" amended in 2014 gave citizens,legal persons,or other organizations the right to request the court to review the regulatory documents on which the administrative action was based.Officially established a system of judicial review of administrative regulatory documents through administrative litigation.The establishment of this system will not only help establish the authority of administrative litigation,improve the credibility and acceptability of administrative trials,but also have an important role in strengthening the supervision of administrative power,effectively solving administrative disputes and fully guaranteeing the legitimate rights and interests of citizens,legal persons and other organizations.significance.However,whether it is a revised "Administrative Procedure Law" or a judicial interpretation that is subsequently promulgated,the provisions of this major system appear to be more principled,with less operative provisions,and limited effectiveness for complicated judicial practice guidance.The judicial review of administrative normative documents still has many problems in theory and practice that need further research and analysis.Judging from the process of judicial review of administrative normative documents in China,it has in fact gone through the period from early implicit review to indirect review,reasoning review,and incidental review changes,in terms of the judicial review of administrative regulatory documents.Whether the subject is limited to the plaintiff,when should the most suitable time be brought up in the theory to be demonstrated and the problem that needs to be resolved in practice?In addition,as far as the review criteria for administrative regulatory documents are concerned,the provisions in the General Provisions of the Administrative Litigation Law concerning the review of the legality of administrative acts apply equally to the judicial review of administrative regulatory documents,or to administrative regulatory documents.Whether judicial review should also follow the standards of legality review is also a key issue in judicial review of administrative regulatory documents.Whether judicial review should also comply with the standards of legality review is also a key issue in the review of administrative regulatory documents.The criteria for examination of administrative normative documents and the examination of the legality of specific administrative acts are not exactly the same,and they should be considered in terms of the formulation of authority,relations with superior laws,and the formulation of procedures.In judicial practice,the court found that the effectiveness of the referee whose administrative normative documents were illegal was only case-binding.The administrative normative documents may still be used as the basis for administrative law enforcement and even other courts to review and determine the legality of administrative acts,thereby giving rise to the effectiveness of judicial adjudication.There is a conflict between the fact that administrative normative documents are in fact still universally binding.In order to resolve this conflict,it is necessary to establish the rules for the loss of the universality of the validity of the documents identified by the judicial referee as illegal administrative regulations.