Study On The Incidental Examination Of Normative Documents In Administrative Litigation

At present,our country is in the historical process of comprehensively advancing the rule of law.One of the most important aspects of administrative administration by law is administrative organs.Administration according to law requires that when performing social management,administrative agencies must exercise their functions and powers within the scope authorized by the law and in accordance with the provisions of current laws.Negative business inaction.However,due to the limitations of the law,it cannot fully regulate all aspects of actual life.Therefore,in order to exercise their responsibilities more efficiently,administrative agencies have formulated relevant regulatory documents in accordance with their functions and powers,and use this as the basis for implementing specific administrative actions.Because the scope of acceptance of cases before the provisions of China's administrative litigation law did not include abstract administrative actions,this makes the judicial supervision of regulatory documents in a state of absence to a certain extent.However,with the amendment of the law,this issue has been effectively answered.The new "Administrative Procedural Law" clearly stipulates the incidental review of administrative normative documents,and the subsequent judicial interpretation further clarifies the provision and makes it more practical.The purpose is to strengthen judicial supervision of regulatory documents,restrict administrative agencies from abusing their power to publish illegal regulatory documents at will,and to restrict and supervise administrative powers.Since the new law and related judicial interpretations were officially promulgated and implemented,the actual cases of people's courts' censorship of regulatory documents have also increased year by year.However,as most of the relevant legal provisions of the system are framework provisions,the courts have tried the actual Many problems have been exposed in such cases,which undoubtedly affecthow this new system can be further implemented.Therefore,after the implementation of the new law,it is of great practical significance for the court to analyze and study various issues that arise during the trial of actual related cases when applying the system,and to clarify and resolve related issues.