The Normative Documents In China’s Administrative Procedure Law Are Examined In The Same Way

The legal review of normative documents has always been the forefront of the development of the rule of law in our country,and it is also the key subject of the reform of administrative adjudication system in China.With the deepening of exploration and practice,the legal review of normative documents has become the fulcrum and important result of the construction of the rule of law in China.Article 53 of the administrative litigation law modified in 2014 and article 64 of the first part of "abstract administrative behavior," namely under rules and normative documents into within the scope of accepting cases of administrative litigation.This amendment makes normative documents to be reviewed in administrative proceedings,and subsequently established a review system.On April 20,2015 "administrative procedural law judicial interpretation by the supreme law article 20 and 21 has been clear about the plaintiff’s request for a review along with all the time node,court interpretation in the judicial documents explains the reason for the illegal way to conclude the cc authority and judicial suggestion.The judicial interpretation of administrative procedural law issued by the supreme law on February 8,2018 further details the litigation procedures that have been reviewed together.These specific and detailed regulations show the development and results of this project.Along with all the censorship has become an important aspect of administrative procedure law revision in recent years,but in practice it would be some such as examination standard,along with all the documents under review the enacting body to appear in court investigations and proof of identity,the solution of these problems need to be a more operational conditions.This article from the administrative litigation of normative documents as the meaning,essence,purpose,significance,censorship,the creation process,and by comparing with other supervision point of view,analysis to understand the administrative lawsuit "" concurrent review of normative documents.In understand review along with all the "together",on the basis of correlation and causality,from our country’s judicial environment,the system for running condition,that is a fact of resistance on the combing involved in the system description.By drawing from other administrative rule of law is relatively mature and the successful experience of developed countries,combining thecurrent situation of the rule of law put forward the following Suggestions: on the one hand,censorship from concurrent review standards,under the jurisdiction of the court,litigation participants,examination mode,cross-examination of proof responsibility,effectiveness and so on directly to the system specific programs running mechanism to be perfect;On the other hand,from the supervision and effect of enhancing the judicial suggestion,the comprehensive review of normative documents from the whole administrative litigation system is improved.At the same time,the author puts forward the idea of giving the court the right to directly cancel some illegal normative documents,so as to prepare for the future people’s court directly and completely independent review of normative documents.