Study On The Regulatory Documents Attached To Administrative Litigation

In 2014,China amended the Administrative Litigation Law.With the enactment of the new law,the most noteworthy one is the judicial review system that adds the censorship of normative documents to the new law.The implementation of this system is a milestone in the review of the normative documents by the judicial organs of our country.To a certain extent,it compensates for the defects in the original administrative internal review system.As the system is implemented,the system exists in judicial practice.The problems have also been exposed.In order to facilitate the analysis of the attached censorship system,this paper firstly defines the relevant concepts of the normative documents.This paper summarizes and identifies the concept,nature and scope of the normative documents from the perspective of theory and judicial practice,and many of them refer to the predecessors.I hope that I can deepen my understanding on the basis of my predecessors,so that everyone's understanding of normative documents is clearer and more accurate.Prior to the implementation of the stipulated review,China's review and supervision of normative documents was mainly carried out by the legislature and the administrative internal.These two methods of review and supervision belonged to the pre-examination review and record,and the realistic review of the normative documents did not make sense.There are drawbacks and shortcomings in the review method of reconsideration.The reasons for this are both the loopholes in the legislation and the lack of internal review by the administrative agencies.In order to solve this problem as soon as possible,the normative documents should be standardized as soon as possible,and the normative documents with the review system are indispensable.With the emergence of the collateral review on the one hand,it can make up for the review loopholes.However,due to the immature research on the collateral review system in our country,China's collateral review system has encountered obstacles in the implementation process.The scope of the review is not clear enough and the review mode is not comprehensive.The issue of loopholes in the follow-up of review effectiveness requires further study.Therefore,this paper analyzes the current status and problems of the collateral review system in China from the perspectives of the scope of review,review mode and review effectiveness of China's collateral review system.This paper intends to summarize the extraterritorial experience by analyzing and exploring the commonalities and differences between the civil law system and the common law countries in the censorship system of normative documents,and based on the extraterritorial experience combined with the current censorship system in China.The issue and the specific status quo of our country put forward three suggestions for the elaboration of the normative documents: the direct review and the side-by-side review are adopted in the review initiation mode,and the review criteria should be standardized in the incidental review to deepen the intensity of the review.The processing system of the review results is further improved.In view of the limited review of the current judicial system in China,this paper proposes to improve the follow-up treatment of the normative documents from the standardization of the judicial review procedures in China at this stage.