On The Plight And Countermeasures Of Incidental Review Of Administrative Normative Documents

The incidental review of administrative normative documents in China is still in its infancy,and there are still many problems to be solved.Whether the system of incidental review of administrative normative documents is complete can be regarded as an important criterion to measure the process of rule of law in China.The improvement of this system is not a process of making a car by shutting oneself up in a room.The incidental review system should be based on the conditions of the country and absorbing some similar and excellent legal achievements of other countries to improve itself.To improve the system,we can start from two aspects:legislation and judicature.In the aspect of legislation,we should focus on the criterion of review,establish appropriate standards of judicial respect,and consider the possibility of expanding the scope of review and establishing a direct review system.At the same time,based on some typical cases issued by the Supreme Court,we can select some appropriate cases as instructional examples for incidental cases.In the judicial aspect,the judicial system should unblocked the channels of accessory examination of administrative normative documents into the court,so that the relative person of the case "has access to litigation".Meanwhile,we should also pay attention to the training of judges' skills so as to enhance the ability of the judges to review.These are of great significance to the progress of the system of incidental review of administrative normative documents in China.