A Study On The Relevance Between The Adjusted Normative Documents And The Administrative Behavior Of The Accused

The new administrative procedural law brings normative documents into the scope of judicial review.The relevance between the administrative acts of the accused and the normative documents is one of the key issues in the supplementary review of the normative documents.At present,the theoretical and practical circles in China lack in-depth research on this issue.This paper focuses on how to examine the relevance issues at all levels of judicial case studies.First of all,the way to start the procedure of relevance review is discussed.When the plaintiff and the defendant have no objection,the court can also initiate the procedure of relevance review on its own initiative.Secondly,the relevant review steps,the court in the trial used two methods of formal review and substantive review.Formal review is the premise of substantive review and a necessary but insufficient condition for judging relevance.In the substantive review,there are three criteria to judge whether the relevance is valid or not.That is to say,the normative documents used wrongly are not subject to review,and the criteria for the selection of effects and the basis for the prior action can also be subject to review.Finally,the relevant cases will be summarized and sorted out.From the functional orientation of the supplementary examination of normative documents,this paper advocates that the criteria for judging relevance should be relaxed appropriately.It is considered that in the case of incorrect application of normative documents,supplementary examination of normative documents should still be carried out.