An Empirical Study On The Legality Review Of Normative Documents In Administrative Litigation

The fifty-third and sixty-fourth articles of the administrative procedure law of the People's Republic of China(hereinafter referred to as the administrative procedure law)in May 1,2015 stipulate the legality review of the normative documents in the administrative litigation,which marks the establishment of the legality review system of the normative documents in the administrative litigation of our country.As a new mode of review,the system makes up the blank of the use of judicial power to examine the normative documents,and is also more conducive to the realization of the legislative purpose of the administrative procedure law to solve administrative disputes and protect the legitimate rights and interests of the administrative relative.Over the past two years,there has been a rapid increase in the number of cases in which administrative cases are reviewed.The analysis of 1123 referee cases shows that the present situation of the referees in our country shows a large number of cases in the East but the positive attitude of the central and Western courts,the decline of the number of cases due to the cautious attitude of the court,the many cases of the intermediate people's court and the second instance,but the positive attitude of the grass-roots people's court and the first instance,the lack of public awareness and the high difficulty in starting a review.And in judicial practice,it follows the litigation procedure of putting forward the review application,examining the starting conditions,entering the review stage,making the review results,and putting forward judicial proposals.Although after more than two years of development,there are still problems in the legality review of the normative documents in our administrative litigation,such as lack of public awareness,the high difficulty in starting a review,the imperfection of the review process,and the difficulty of guaranteeing the effect of judicial advice.This should be made by raising the public awareness,reducing the difficulty of starting the review,establishing a clear review process,the improvement of judicial advice mechanism and other measures,and constantly improve our legality review system of the normative documents in the administrative litigation.