On The Judicial Review Of Administrative Normative Documents In Risk Administration

In the process of continuous development,the society has brought about an increasingly new science and technology.It is like a double-edged sword.While solving old problems,it also creates new problems.This new risk of human-induced uncertainty permeates the modem society,endangering the interests of the people and is an unstable factor in modern society.Administrative agencies often use administrative power to regulate risks and widely adopt the method of formulating normative documents.The formulation of normative documents in risk administration will become an important means for the current administrative organs to perform their management functions in accordance with the new era.Considering the difference from the ordinary administration:the existence of the regulatory concept is advanced,the regulatory body is diversified,and the procedures embody the principles of risk prevention.The incidental review has a new research significance.It explores the new ideas of the peopled courts in the incidental review work.First,it examines whether the normative documents are legal,and then judges whether a certain constitutional right is restricted,and finally whether the restrictions are justified.At the same time,it combines the peopled jury review and big data review methods.This can better achieve the purpose of judicial review of the external supervision of administrative subjects in risk administration,so that administrative normative documents meet the requirements of legitimacy and legitimacy,and ensure that the legitimate rights and interests of administrative counterparts are not infringed.