| The Administrative Procedure Law promulgated in 2015 stipulated the judicial review of Normative Documents for the first time in fifty-third articles.It is the connection of the Administrative Reconsideration Law,and makes judicial review of Normative Documents prominent.The supervision of judicial over administrative is not hidden.This is the progress of administrative litigation.However,it regrets that the provisions of the administrative procedure law put the judicial review of Normative Documents into a dilemma.The problems that cause are much more than the ones that are expected to be solved.Although the Administrative Procedure Law has preliminary stipulated the structure of judicial review of Normative Documents: incidental type examination way,specific not apply,give judicial advice to the enacting authority.But the system about review subject setting,litigation mode,review the contents and categories of judgment and execution strength,and other practical problems are not specified.In order to realize the balance between the effective supervision of power and the full protection of rights in the later application,demonstrate the value and vitality of the system,judicial theory and practice should make concrete and reasonable response the above problems as far as possible.The discussion of this thesis is unfolded in three aspects.First,make a general introduction to the concept and characteristics of judicial review of Normative Documents,and analyze the existing problems at this stage.Second,analysis of judicial review standards documents.Third,it briefly analyzes the status of the issuing organ,the jurisdiction of the court and the status of other procedural issues.At last,discuss treatment mode of judicial review of Normative Documents. |
