Research On Judicial Review Of Administrative Normative Documents

Judicial review system of administrative normative documents has experienced a long development process,and the judiciary has gradually established operational norms for the collateral review of the legitimacy of administrative normative documents.However,through case retrieval and induction,we find that the system is still facing difficulties in practical operation,such as the difficulty of starting judicial review,the irregularity of substantive review,and the insecurity of judicial suggestions.Through a series of typical cases as the guide of the problem,the article searches and reflects on the more intuitive and difficult practical problems along the time order of incidental judicial review.First of all,in the start-up stage,the identification of the basis relationship needs to be judged comprehensively from the formal basis and substantive basis,the formal basis includes the external publicity of administrative organs and the normative attributes of administrative normative documents themselves,which should meet the requirements,and the substantive basis requires that the documents involved in the case itself.The form of expression is the consistency of the legal relationship between administrative acts and administrative normative documents;In addition,the court should have a broad understanding of justified reasons in the time limit for incidental requests,and clearly formulate the litigation status of the third party in organ litigation and regulate its litigation rights and obligations,and maintain the way of incidental review and correct interpretation and application of legal norms.Don't neglect it.Secondly,in terms of substantive review,while rationally maintaining the review of specific provisions,we should accurately understand and make good use of Article 148,paragraph 2,of the Supreme Court's Interpretation on the Application of the Administrative Procedure Law of the People's Republic of China(Law Interpretation[2018]1,referred to as Application Interpretation in this paper),so as to provide more rigorous review ideas for judges.Finally,in the follow-up stage of supervision and guarantee,while maintaining the current effect of incidental review conclusion not applicable to one case,the key is to strengthen the effectiveness of the judicial suggestion of incidental review from many aspects.