Supplementary Examination Of Administrative Normative Documents Research On Content Review Standards

The content review standards of administrative normative documents include basis standards,conflict standards and consistency standards.For a long time,the academic community has studied more about conflict standards,and the consistency standards are mostly discussed together with the conflict standards,while the discussion on the basis standards is the least.Generally speaking,there is still a lack of a system for the content review standards attached to the administrative normative documents,so this paper analyzes the basis standards,consistency standards and conflict standards of content review layer by layer,finds out the shortcomings of the existing review standards,puts forward corresponding development suggestions and reinterprets the previous cases to verify the appropriateness of research conclusions and suggestions And effectiveness.This paper first describes the background of the topic,and discusses the practical and theoretical significance,explains the necessity of building a composite review standard,then summarizes the research results of the content review standard and makes comments,and finally explains the research methods and research ideas of this paper.This paper introduces the concept,characteristics,connotation and legal significance of administrative normative documents.The intention is to define the administrative normative documents studied in this paper,and to explain the connotation and existing disputes of the incidental review standards.The purpose is to lay a good foundation for the research of the content review standards.At the same time,it also makes a theoretical classification of the content standards of the incidental review of administrative normative documents-the basis standards Consistency standard,conflict standard,to delimit the scope of the content review standard.Secondly,through the judicial practice and theoretical analysis of the basis standard,consistency standard and conflict standard,the author makes statistics of the supplementary review cases from 2014 to 2019,and finds that the basis review results of the administrative normative documents are all three cases: non review,with the basis of superior law and without the basis of superior law.At the same time,it finds that there are unclear meaning of the basis standard and unilateral judgment in judicial practice It is found that the consistency review results of administrative normative documents include non-review,consistency and no inconsistency.Based on the analysis,it is considered that the existence and the boundary between the conflicting standards are unclear,the meaning is confused and the judgment standard is unclear.It is found that the results of the review of administrative normative documents include non review,non conflict and non conflict.At the same time,there are problems such as disputes with the standards of consistency,judicial slack and unclear cognition of the main body of formulation.Finally,further suggestions are put forward to improve the content review standard: accurately grasp the connotation of the basis standard,define the meaning and judgment standard of the conflict standard and the consistency standard,improve the main body of the development of the conflict standard,review and record,etc.According to this article’s new understanding of the content review standard,a new interpretation of the case will find new results.There are many other problems to be solved in the exploration of administrative normative documents,which will be the research direction of this paper later,and strive to contribute to the research of incidental review of administrative normative documents.According to the shortcomings of the existing standards of administrative normative review,this paper puts forward the development trend of the standards in the future.First,the construction of standards should pay attention to the functional design of administrative litigation;second,the construction of standards should take into account the operability of judicial practice to avoid system idleness;third,the construction of judicial review standards of administrative normative document.We should consider the professional nature of administrative behavior.