Analysis Of Typical Cases With Administrative Regulatory Documents

Under the framework of China's constitution and operational system,the review of administrative regulatory documents has always been a hot topic in the field of public law research.With the rapid development of society,new things are emerging,and the social administrative affairs faced by administrative organs are more complicated and changeable.In order to meet the needs of administrative management,various administrative agencies at various levels have also issued various administrative regulatory documents.However,in practice,administrative regulatory documents have gradually exposed many problems,such as the content of the norms are inconsistent with the provisions of the superior law.Exceeding the establishment of authority,etc.,the emergence of these problems can not only make laws and regulations and national policies well implemented,but also damage the government's credibility and the legitimate rights and interests of the relatives.The revision of the2014 Lawsuit Form officially established the administrative review document with the review system.The establishment of this system is very important for supervising the administrative organs in accordance with the law,restricting the public rights,maintaining the government's credibility and safeguarding the legitimate rights and interests of the administrative counterparts.Through the analysis of such cases in judicial practice,combined with the court's review approach,it is concluded that there are three major difficulties in the implementation of the system: whether the administrative regulatory documents for review are subject to Article 53 of the Law The scope of the document;whether the regulatory document attached to the review is the basis for making specific administrative actions;whether the regulatory documents referred to are legal.For the first point,the point is that the regulatory document should be subject to the participation of the administrative organ,which applies to non-specific objects,can be applied repeatedly,and can affect the rights and obligations of the opposing person,it should belong to the category of "normative documents" in Article 53 of the Administrative Procedure Law;For the second point,as long as it has an impact on the rights of administrative counterparts,whether the basis is direct or indirect or formal,as long as there is a certain basis,it should be According to the “baseline”stipulated in Article 53 of the Administrative Procedure Law;for the third point,thelegality of the subject,authority,content,procedure,etc.should be reviewed,especially in the content legality review.At the same time,it is necessary to take into account the content rationality review to a certain extent.