Research Of Incidental Review Of Regulatory Documents In Administrative Proceedings

With the development of society,the social management affairs are increasing,which poses new challenges to the administrative management ability and efficiency of administrative organs.The blowout of regulatory documents is one of the measures taken by administrative organs to deal with this challenge.Then,the review of regulatory documents has become one of the highlights of the revision of the administrative procedure law.The establishment of the system is the progress of the rule of law,and the in-depth interpretation of the system also provides a direction for the improvement of the system in the future.This article through to the Supreme People's Court released nine typical cases and other cases of sample analysis,based on empirical case study as the article,analysis of the current our country review of regulatory documents system existence finiteness,along with all the limitations in the current appears to be the wise and prudent,but with the advancement of the process of our rule of law,the limitation of this system will gradually exposed,and how the emerging system with Chinese characteristics is the theory and practice need to solve the problem.This paper attempts to summarize and analyze the nine typical cases of incidental review regulatory documents published by the Supreme People's Court and the trial cases of various local courts in the past two years,so as to explore the review ideas of the court,and put forward the direction for system improvement within the existing system framework by combining theory and practice.The text of this paper consists of four parts.The first part is based on the observation of the case,the source of the case and selection criteria,and categorize cases and charts show,observations together review of regulatory documents exist limitations,thus put forward in this paper,we study the problem: the system of limited mainly in the form of what reflected in which aspects,how to in limited within the framework of the system to be improved;The second part,starting from the current legislation,discusses the positioning of regulatory documents to be examined together,the finiteness of the objects to be examined and the finiteness of the effectiveness of the examination.The objects of review should also be appropriately expanded to judge whether they should be tried on the basis of the substance of regulatory documents.The effectiveness of the review needs to be strengthened through judicial activism.Finally,it points out that there is a tension between the limitation of regulatory document review and the strengthening of administrative supervision,which needs to be relieved in the process of improving the system.Along with the third part discusses the benchmark review of regulatory documents review and examination method,think actually it contains rationality review legitimacy review principle,specific can permissions from the regulatory documents,content,procedure,legislative purpose to set up the benchmark review,involving administrative professional examination and need be given administrative authorities in the field of a certain respect.It also discusses the methods of legal interpretation examination,progressive examination or selective examination.Fourth part,comprehensive full text discussed,proposed within the framework of the existing system is available for complete system of specific measures,including court shall bear duty,strengthen the release of reasoning,to establish regulatory documents review case guidance system,establishing regulatory documents for the record illegal query platform and strengthen cooperation measures such as judicial power and administrative power,the above is limited review and strengthen supervision and relieve tension between way,so as to provide guidance for improvement incidental review practice.