Study On The Legal Issues Of The Incidental Review Of Administrative Documents In The People's Court

Administrative normative documents is a basis for administrative agencies to exercise their functions and powers,affecting the majority of people with no specific interests.If the administrative agencies abuse of normative documents overstep its authorities in the process of law enforcement,it will damage the legitimate rights and interests of citizens,affect the authority of the legal system,further more,hinder the construction of the government of law.After the implementation of the new Administrative Procedure Law in May 1st,2015,the administrative normative documents are included in the scope of judicial review.The people's court gradually explores and applies this system in the trial practice.The paper is composed of four parts.The first part introduces the current situation of judicial review of administrative normative documents from three aspects,including the legislative reasons for bringing administrative normative documents into judicial review,the legislative status and practical status of the people's court's incidental review.Among them,the practical status quo is summed up and categorized in the trial practice of236 incidental review cases collected from the China Judgment Document Network.The second part summarizes the problems in the judicial review of the people's court.Due to the limitation of the incidental review,the review process and theeffectiveness of the trials' conclusion is not consistent with the current law,and violate the principle of consistency between the prosecution and verdict,besides,administrative normative documents is difficult to enter the substantive review process.The third part analyses the judicial review system of the Anglo-American Legal system and the civil law system,and provides a reference for the improvement of the judicial review system of the people's court in China.In the last part,on the question of judicial review system of administrative normative document,suggestions are made from the aspects of specifying legal status of the administrative agencies,exploring the incidental review and review in parallel mode,expanding the plaintiff's subject qualification,deepening review intensity moderately,improving the judicial proposal and using the case review results universally.So we can further clarify the litigation status of the enacting body and ensure the effectiveness of the people's court for judicial review.Then construct the review mechanism that conforms to our country reality demand,pushing the people's court review results more scientific and effective.