Study On The Incidental Review System Of Administrative Normative Documents

Under the existing legal framework of our country,whether the normative documents of abstract administrative acts can be brought as litigation requests in administrative litigation has been a hot topic in academic circles,and many scholars have also published related academic opinions.in the situation where the role of power supervision and administrative organs' supervision is not obvious,whether or not the judicial organs have the right to judicial review administrative documents is one of the important ways for administrative counterparts to safeguard their legitimate rights and interests.On November 1,2014,the National People 's Congress revised the "Administrative Procedural Law of the People's Republic of China" and added provisions for incidental review of administrative regulatory documents.The addition of this system opened the first step to protect the rights and interests of administrative counterparts,and also allowed the court to get rid of the suspicion of reviewing regulatory documents,which is of great significance for the court to review the legality of regulatory documents.It is worth noting that the Supreme Court has an incomparable role in promoting China's comprehensive rule of law construction.After the establishment of a review system of administrative normative documents,it has issued related judicial interpretations to guide judicial practice and published guidance cases throughout the country.Drive implementation.However,the general provisions of the legislation and the ambiguity of related judicial interpretations cannot make the system play its true significance.The legislation is mainly manifested in the question of the subject of the administrative normative documents and the time limit for the request.Judicial application is mainly manifested in the improper determination of the "basis" relationship of supplementary review of administrative normative documents,the review standards,the scope of review and the follow-up processing of the review.It also requires the joint efforts of judicial workers and theoretical researchers.This article combines the relevant cases of supplementary review of administrative normative documents in administrative litigation and the research of some scholars,and proposes to establish the status of the third party as the main body through legislation.Suggestions such as the establishment of a double review standard for the legality and rationality of administrative normative documents are hoped to provide useful assistance for the improvement of the supplementary review system for administrative normative documents.