Standard Study Of Administrative Prescriptive Documents

With the pace of China’s legal construction,under the background of nationwide legal study,citizens’ legal literacy and awareness of rights protection are further enhanced;In order to protect administrative management,the number of administrative normative documents formulated by government departments is also increasing,which involves such conflicts as whether the normative documents conform to the provisions of the superior law and whether they are harmful to the legitimate rights and interests of administrative counterparts.Incidental examination of normative documents in administrative litigation can not only effectively protect the legitimate rights and interests of counterparts,but also conduct the most direct and effective examination and evaluation of normative documents.But for now,however,an increasing number of regulatory documents review request is not matching with the court examination ability,lead to form is greater than the real significance of the system,through the analysis of collected 50 cases comparison,it is concluded that the cause of this phenomenon are the following: first,the judiciary with review of regulatory documents lack of unified and clear standard of review,judicial examination with the request without follow,optional the gender is strong;Secondly,the definition of the standard of incidental review of normative documents is not clear enough in China,which is different from the standard of administrative legislation and does not reflect the uniqueness of the standard of incidental review of normative documents.Third,in the practice of trial,the judicial organ often only adopts a one-sided review standard for independent application,but each standard has its own inevitable disadvantages,and ignores the rationality of the review of normative documents,so a single review standard is difficult to deal with the increasingly heavy judicial review requests.Finally,the unitary review mode is a little thin,lacking thecombination of review strength matching with normative documents.Therefore,it is essential to explore the criteria for incidental review that are appropriate to the current direction of review.Based on this,the paper is based on the actual case of the administrative litigation for material,with normative documents attached review should follow the standards,guidelines and guiding ideology for discussing key,released the focus of the case to the supreme law of the trial process,observes,both the basic principles of administrative law,the court’s jurisdiction and other important issues and combined with the stepwise review intensity,Germany incremental review intensity of experience,improve the regulatory documents attached review standards: At the same time,we should learn from foreign experience and introduce the concept of review intensity.According to the different objects involved in the documents,we should choose to apply the triple intensity of strict review,moderate review and standard review.Finally,selected the classic cases in the past,draw the applicable flowchart of the examination standard,and interpret it with the established examination standard.In order to explore a set of relatively fixed,diverse and flexible application of the composite review standards,to enhance the court’s review of administrative normative documents,promote the effective operation of specific systems,protect the legitimate rights and interests of administrative counterparts,accelerate the pace of China’s legal construction.