Research On Incidental Review System In Administrative Litigation

The administrative procedure law,which was amended in 2014,stipulates the incidental review system of normative documents,which improved the judicial review of normative documents to the legislative level.As a new examination system established in Chinese administrative procedure law,it is necessary to investigate both theoretical and practical aspects.The scope of administrative litigation incidental review,how to enter the judicial review,judicial review standard,how to grasp the foreign representative national judicial examination system's good experience and practice,how to improve Chinese administrative litigation based on the conditions of censorship? This thesis focuses on the scope,methods and standards of administrative litigation incidental review.The first part is the introduction.The background of writing,the methods of writing and the main innovation.The second part is an overview of the incidental review system.It mainly summarizes the evolution of judicial review of normative documents in China,expounds the necessity and inevitability of the judicial review system of normative documents,and summarizes the value of incidental review system.The third part is the study of the scope of incidental review.This paper expounds the provisions of the scope of the review of China's law and the application of the scope of the legal review.Furthermore,it is pointed out that the current scope of the review is too narrow.A comparative analysis of the scope of the administrative regulations of France and the United States has been made,and it is found that the scope of the review of the two countries is obviously greater than that of our country,and it has a trend of gradual expansion.Finally,on this basis,we put forward the measures that can be taken to expand the scope of our country's review.The fourth part is the study of the method of incidental review.On the basis of investigating the application of relevant regulations and regulations in China,it is found that the incidental way of examination is not consistent with the purpose of the review,and there is a case of administrative agencies evading censorship.The judicial review of administrative regulations or decrees in foreign countries mainly adopts the model of "direct review and incidental review".In order to improve our country's incidental examination,the system of "the law of administrative procedure" can be adopted appropriately.The fifth part is the study of incidental review standards.On the basis of investigating the application of relevant regulations and regulations,it is found that the incidental review in our country lacks the standard of rationality.And most of the foreign countries have gradient,and are the main content of the review standard.Taking into account the unique environment of the nomocracy environment in our country.In order to perfect the standard of examination,firstly,we should enrich the connotation of the standard of legitimacy,and then establish the standard of rational.