Research On Review Of Administrative Normative Documents

The report of the 19th National Congress of the Communist Party of China at the end of 2017 stated:"The overall goal of comprehensively advancing the rule of law is to build a socialist legal system with Chinese characteristics and build a socialist country ruled by law.""The realization of China's great dream of rejuvenation requires the guarantee of the construction of a socialist country ruled by law,which requires China to continue to promote administration according to law.In recent years,the reform of the judicial system has really hit the ground,and it is working hard to crack down on all the persistent diseases that hinder fairness and justice.In the new era,with the change of the main social contradictions,the people expect the good law and good governance with guaranteed rights,restricted power and fair and predictable justice,and have higher requirements for the construction of democracy and the rule of law.Administrative normative documents,which are subject to judicial review by the courts,and guarantee the lawful exercise of administrative power,are the basic requirements of China's administrative principles in accordance with law and government reform.In this context,the judicial review of administrative normative documents came into being with the introduction of the new revision of the Administrative Procedure Law in 2015,and the judicial interpretations issued thereafter also have related provisions.In the past five years,courts have heard administrative cases,and administrative counterparts have increasingly applied for judicial review of administrative normative documents.The relevant provisions of the current system are relatively general,and they have limited guidance for complex and diverse specific judicial practices.It is necessary to further analyze and study the problems existing in the theory and practice of this system.This article takes the research of judicial review of administrative normative documents as the topic,first defines its related basic concepts,and summarizes the characteristics of administrative normative documents:universal and repeated applicability;administrative nature;arbitrary formulation process;variety of forms;application is not specific;hierarchy of effectiveness.The administrative normative documents are simply classified according to their formulation subjects,adjustment contents and purposes.The evolution of the mode of judicial review of administrative normative documents in China is briefly explained.This paper systematically analyzes the relevant theoretical basis for the establishment and development of judicial review of administrative normative documents in various countries around the world:the theory of the right to restrict the balance;the theory of human rights protection and the maximum right of action;the theory of judicial last line of defense;the theory of administrative litigation purpose.The main problems existing in the judicial review of administrative normative documents in China are analyzed in detail:the setting of the review subject is not scientific enough;the review scope is slightly narrow;the review standard is single and solidified;the review result processing method and the legal effect are insufficient.And put forward pertinent perfect ideas and suggestions:gradually establish cross-administrative district courts;appropriately expand the scope of the review;refine the comprehensive review standards;strengthen the handling method and legal effect of review results.