The Incidental Review System Of Administrative Litigation

Normative documents are often used,direct,specific and operational basis for administrative ACTS of administrative organs in practice to meet the needs of administrative management of administrative organs.Normative documents,meanwhile,has also exposed some problems in the execution,especially the lack of regulatory documents as laws,regulations,form a complete set of effective supervision mechanism,lead to abuse of normative documents by administrative organs,which based on illegal specific administrative ACTS infringe on normative documents do the administrative relative person legitimate rights and interests.In view of the lack of supervision over normative documents in practice,the administrative procedure law established the system of incidental review of normative documents in 2014,giving courts limited power to review abstract administrative ACTS.However,incidental review system of administrative normative documents has some problems in judicial practice,such as unclear content of incidental review,vague review standards,low efficiency of review,and limited effectiveness of review.the administrative litigation system of incidental review administrative normative documents in the theory and characteristics of analysis,combined with typical cases,absorb the beneficial experience of foreign judicial review system,puts forward Suggestions of perfecting our country's regulatory documents with censorship,by expanding the scope of the review,actively strengthen the court review,perfecting the examination standard,to strengthen examination binding,improve the system of accountability mechanisms to strengthen normative documents attached review results,set up a perfect,efficient,binding normative documents system,better solve the administrative dispute,the safeguard legitimate rights and interests,increasing the judicial power supervision.