The Limitation On The Attached Review Of Normative Documents

Since the promulgation of the administrative litigation law in 2015,the normative documents in the form of incidental appeal and incidental trial have been established the discussion basis of the judicial practice circle and the theoretical circle.The judicial interpretation of the administrative litigation Law in 2017 further elaborates the examination of normative documents at the operational level,and explains the issue of incidental review of regulatory documents in detail with seven consecutive provisions.It not only solves the problems faced by the judicial practice circle,but also responds to the long-standing controversy in the theoretical circle.The detailed judicial interpretation further promotes the academic discussion on the incidental review of normative documents,such as the boundaries and limits of our court review power on normative documents discussed in this paper.The limitation of incidental review of normative documents refers to the strength and boundaries of incidental review of normative documents by courts,which emphasizes the moderation of review.In the practice of the system of incidental review of normative documents,the court has some problems,such as the strict limitation of the time for prosecution and the ambiguity of the content review.Therefore,this paper classifies the procedural review and substantive review of the incidental review of normative documents,and analyses the ways,time,scope and content review of the review of normative documents respectively.Based on practical cases,this paper finds the problems existing in the above examination limits by the cour,and draws lessons from foreign practices on the judicial review limits of normative documents,and puts forward methods to defining the limits of content review and suggest to adopt different review limits for different review contents.However,the above Suggestions still need to be discussed in theory and tested in practice,in order to improve the status of the review of administrative normative documents and highlight the review effect of administrative normative documents.