On Judicial Review Of Administrative Normative Documents

The system of judicial review of administrative normative documents refers to the system that the People's Courts examine and verify the legitimacy of the normative documents on which the administrative dispute under dispute is based on the application of the litigants in accordance with the provisions of the Administrative Procedure Law.Its basic characteristics are incidental,passive and limited.Its development can be divided into three historical stages,the mode from authoritative examination to review according to the application.In the purpose of legislation,the judicial review system is mainly based on subjective lawsuit rather than objective lawsuit.In the examination procedure,it is strictly incidental instead of direct lawsuit.In the scope of the examination,the administrative rules and regulations,statutory rules and regulations,Normative documents;In the review of the intensity,the principle of legality review,including the main authority,the development of procedures,the content of the three dimensions.Through the empirical analysis of the precedents,at the present stage,the legislative position of the judicial review system of administrative normative documents is correct and appropriate,and its provisions on the purpose of the legislation,the mode of examination,the scope of the examination and the strength of examination should be persisted.Although there is a big gap between the actual effectiveness and the legislative goal,it shows the possibility of gradual improvement.The system is generally successful in legislation.There is a certain practical problem in the administration of justice.Under the existing subjective and objective conditions,the principle of maximizing benefits is the basic principle that should be followed in perfecting the judicial review system.It is the most realistic path to perfect laws and regulations and construct specific review rules.Possible measures include: upholding the legislative position of the judicial review system;incorporating regulatory documents that are not based on administrative considerations into the scope of the review;clarifying the way in which the justification is not reviewed;and setting standards for substantive examination.