On The Rationality Standard Of Supplementary Examination Of Regulatory Documents In My Country's Administrative Litigation

In recent years,normative documents have been widely used in practical work.Some administrative agencies have a weak awareness of law enforcement,and administrative agencies' rights are easily abused.China's current law grants the judiciary authority the right to review and allows collateral review of normative documents,but the review standards have certain shortcomings.Review standards play a significant role as a lubricant for the relationship between executive power and the judiciary.If the matter examined by the court is too specific,it will affect the administrative organs in exercising their functions of serving the society.If the court's review standards are too rough,and they are only general,it will lead to wanton development of administrative rights.The establishment of lenient and strict examination standards is beneficial to the balance of executive power and judicial power.In theory,China has overemphasized the legality review standards;in the current legal system,there are no specific and explicit provisions for the review standards for regulatory documents;in practice,the rationality standards have been included in the scope of review standards.The organic combination of legality standards and rationality standards is conducive to better regulating administrative rights and protecting the legitimate rights and interests of the people.This paper mainly discusses from the following aspects:The foreword introduces the research significance of the standard attached to the normative documents in China,and expounds the necessity of bringing the rationality standard into the system of the standard from the theoretical basis and the actual situation.Then it introduces the research methods and standards of incidental review.According to the current situation of scholars' research,it shows that there are problems in the practice of a single legitimacy review standard.The second chapter further elaborates the shortcomings of the current review standards,that is,the legitimacy review,including that the procedure legality has not been clearly included in the scope of the review,that the depth of the review is limited and that the unreasonable trial results lead to the difficulty of implementation.The current legal system ignores the procedural justice,and the illegality of the procedure will also cause the normative documents to damage the rights and interests of citizens.Because the result of the trial is unreasonable,the administrative counterpart can not be convinced and the authority of the judicial organ is damaged.The third chapter is the specific countermeasures for the lack of legitimacy review standards,that is,the rationality standard is included in the scope of review.Through the analysis of the relationship between legitimacy and rationality,the advanced legal system of other countries,it shows that the rationality review standard is in line with people's belief in the law,which can regulate the discretion of administrative organs.Some cases are cited to illustrate that the rationality standard has been partially applied in the trial practice,and the great significance of the rationality standard in the trial practice.Chapter four and chapter five define the application principle and judgment standard of the rationality review standard.When there are superior laws and regulations,the principle of seeking truth from facts should be adhered to if the superior laws do not conform to the actual situation or conflict with the superior laws.When there is no superior laws and regulations,if the contents of normative documents meet the social public welfare and the expectations of most people,they meet the reasonable standard.The fifth chapter defines the judgment standard of rationality review from three aspects:form rationality,substance rationality and value rationality.If the administrative organ issues normative documents for legitimate motives,and the contents of normative documents are within the discretion of the administrative organ,then it meets the standard of reasonable form.If the specific contents of the normative documents conform to the objective facts,cite the unwritten administrative law traceability,and abide by the rules of customary axioms,they meet the substantive and reasonable standards.Finally,it demonstrates the concrete content of reasonable value from the principle of fairness and justice.