A Study On The Incidental Review Of Administrative Normative Documents

Normative documents play an important role in modern society,but because of their complicated contents and large quantities,it is difficult to have a better way to supervise them.Therefore,the legislator has chosen the mode of incidental review to supervise the normative documents,instead of including the normative documents in the scope of administrative litigation.As a new system,the incidental review system still has a lot to be perfected.In accordance with the provisions of the Administrative Procedure Law and the judicial interpretation,it has been made clear that the People's Court may exercise the powers of review,judicial recommendation and copying of the administrative normative documents involved in the case.But the examination standard and the processing result.In this paper,through these data to reflect in judicial practice,the normative documents of the problems arising from the incidental review.By comparing the relevant provisions in some countries of the two legal systems,the Comparative Study of Reference.Then it puts forward some suggestions on the current review system of normative documents.It also envisages the establishment of a national information-sharing platform within the court system and even between the court system and the administrative system,in the hope of building on the current system of incidental review,with a view to achieving the further improvement of the system of incidental review.