Resarch On The Judicial Review System Of Administrative Normative Documents

In the process of building a society ruled by law and a government ruled by law,administrative normative document is an important way of realizing the social governance function by administrative department.However,the existence of illegal administrative normative documents layup potential risk that administrative department might infringe lawful rights of administrative counterparts.Therefore,in order to regulate the administrative departments' behavior,to urge them to formulate legal,scientific and reasonable administrative normative documents,and to protect the legitimate rights and interests of the relative person,China formally established the judicial review system of administrative normative documents in law,giving the people's courts the power to review administrative normative documents in 2014;Moreover,the system was stipulated in a special chapter in the form of judicial interpretation in 2017.Actually,the courts are facing severe practical challenges in examining normative documents,such as the court's direct responsibility for requests for review,the prominent appeal of review rules,the single standard of practice review and the weak effectiveness of the results of review,which make the system purpose of standardizing the power operation of administrative organs and safeguarding the legitimate rights and interests of counterparts impossible to really implement.It can be seen that the practical operation has become a fetter for the realization and development of the judicial review system of administrative normative documents in China,and it is also an unavoidable practical problem to study the system.Therefore,it is the most urgent priority to analyze the practical problems of the judicial review system of administrative normative documents in China from the perspective of practical operation,and to put forward specific solutions from the basic principles,trial conditions,trial stage and follow-up treatment stage,so as to realize the breakthrough changes in the legislative provisions of the system in China,give full play to its effectiveness and ensure the administrative phase and finally to promote the construction of a society ruled by law and a government ruled by law.