Research On Incidental Judicial Review Of Administrative Regulatory Documents

The revised "Administrative Procedure Law" and its relevant judicial interpretation are imperfect and unclear about the provisions on incidental judicial review of administrative regulatory documents.Based on the normativism analysis,this essay scans such multiple perspectives as the principle of comprehensive examination of administrative litigation,restriction of public power,and protection of the legitimate rights and interests of the administrative counterpart,and perfects the collateral judicial review system to administrative regulatory documents in terms of scope,procedures,standards and results.The scope of incidental judicial review of administrative regulatory documents is limited to administrative regulatory documents,which may be identified from three aspects: administrative standards,normative standards,procedural standards and substantive standards.In the meantime,the notion of administrative regulatory documents and its approximate concepts will be clarified respectively.On this basis,it explores the effectiveness and application of administrative regulatory documents as the prerequisite for incidental judicial review.The procedures for incidental judicial review of administrative regulatory documents are divided into general procedures and special procedures.The latter includes the pre-procedure for incidental review,the plaintiff's proposal and proof procedure,the court's hearing procedure and the priority transfer procedure after constitutional review,wherein the pre-procedure mainly reviews the fundamentality,formal and substantive incidentalness between administrative regulatory documents and specific administrative acts.The standards of incidental judicial review of administrative regulatory documents are centered on the unification,definiteness and applicability of review standards.The establishment of a unified review standard can effectively solve the pain point for the courts when they meet with standard confusion hearing such cases.Therefore,it is necessary to clarify the content of the legitimacy standard and the rationality standard,and then facilitate the application of the unified and clear standard.Thebasic requirements for incidental judicial review results of administrative regulatory documents are to make a legal judgment and the court to provide relevant handling suggestions.Meanwhile,in order to enhance the execution power of the judicial review results,the corresponding means of copying and filing should be improved.