Review And Study Of Normative Documents In Administrative Litigation

The legitimacy of administrative action is based on whether its behavior is in accordance with the laws enacted by organ of authority or not.However,under the circumstances of insufficient law made by organ of authority,the complicated social reality and the rapid change of life,the administrative agencies have been formulating some normative documents on their own as a basis for administrative acts.Therefore,it is necessary to supervise the administrative actions taken by administrative agencies,and meanwhile to supervise the normative documents is also indispensable.In regard to the administrative litigation in our country,it was not legally authorized for the court to review the normative documents formulated by the administrative agencies.After The Administrative Litigation Law was revised in 2014,it was clearly added that the court could carry out reviewing the normative documents during the trial,and so that this paper focuses on examining the review of normative documents in administrative litigation.First,through the clarification of basic concepts,it recognizes the rationality of review mode selection and the necessity of the review.After that,according to collected referee cases,by adopting the method of empirical study,it analyzes the problems of negative attitudes,unclear definition,ambiguous standards and the absence of procedures arising from the practice.Finally,based on the problem identified above,it gives specific and practical suggestions for improvement on how the court reviews the normative document in administrative litigation.