Normative Documents Attached Review Study

China's regulatory documents attached review is "administrative procedural law" revised newly founded in 2014,he appeared completely broke the traditional abstract administrative behavior not careful,is the first time in the legislation gives the administrative relative person at the same time can be to bring administrative prosecution of the normative documents of the administrative action is based on filed claims with review,has obvious positive significance.However,there are only a few legislative norms for this new system,and there are few specific provisions in the interim applicable interpretation,which cannot meet the needs of specific operations in practice.In February 2018,the supreme people's court announced the new "administrative procedural law" judicial interpretation,there are some special rules around the "regulatory documents review",although its practical significance is still remains to be seen,but for the theoretical circle has been expected for example problems such as the examination standards have not yet made a broader provisions.As a new system,its development must go through a lot of academic discussion and judicial practice.This paper attempts to explore the way of examination of the court through case sorting,and to analyze the problems existing in judicial practice and academic theories.However,the legal concept of the normative document itself has not been unified yet and is very extensive.Therefore,on the basis of the provisions of the administrative procedure law,the normative document that can be subject to the incidental review should be defined from the perspective of connotation and characteristics.At the same time,the attached review of normative documents does not come out of nowhere,and has a certain normative basis.In addition,before the establishment of the administrative procedure law,local courts,including the supreme people's court,have been exploring in practice,which has always been a research focus in the academic field.At present,there is a lack of regulations on the attached review of normative documents at the legislative and judicial levels.In order to realize the real purpose of this system,it is necessary to further improve it.The vitality of law lies in its implementation.The evaluation of a new legal system also needs to be combined with examples.By referring to relevant cases published on the Internet of Chinese judicial documents and typical cases published by the supreme people's court,thispaper makes a practical analysis of the incidental review of normative documents from three perspectives including the principle of "incidental",scope of review and standard of review.According to the analysis,it is found that the legality review has been basically taken as the benchmark,but from the perspective of theory and practice,it is also feasible to introduce rationality on the legality basis.In addition,there is a place for improvement in the review process,the formulation of the status of organs and the implementation of the judicial recommendations after the review.Therefore,under the premise of fully considering China's specific national conditions and judicial environment,some reference Suggestions are put forward in order to make the attached review of normative documents better realize its value.The main viewpoints are as follows: under the principle of finiteness of examination,reasonable examination should be introduced into the attached examination of normative documents,the review procedure should be flexibly grasped,the litigation status of organs should be clearly defined,and the implementation of judicial recommendations should be improved.It is hoped that the current basis of the attached review of normative documents can be further improved so as to achieve further improvement of the attached review system.