Research On The Supplementary Review System Of Regulatory Documents In Administrative Litigation

Normative documents play an important role in modern administrative activities,at the same time they also cause many problems.In order to review and correct the illegal normative documents,the Administrative Litigation Law added a normative document review system in November 2014,marking the beginning of the court reviewing abstract administrative actions.The new system is a major advancement in the revision of the Administrative Litigation Law.Although the Supreme Court formulated judicial interpretations to refine the legal provisions,there are still a lot of problems in judicial practice,such as the identification of normative documents,the application of review standards,the way of review,the effectiveness of the conclusions,how the judicial recommendations are implemented after the review,and how to resolve the post-review problems.Illegal normative documents are the source of illegal administrative actions,they must be curbed from the source to protect the legitimate rights of citizens.The failure of the power organs' supervisory and the administrative organs' supervisory brought the new system.The system is based on the power restriction and the administrative litigation theory,which is in line with the legislative purpose of the Administrative Litigation Law.According to the logic of judicial behavior,the review of the normative documents should follow the approach of identification-relevance-legality.The identification is used to identify the object of the appeal.The relevance is to exclude the normative documents unrelated to the administrative action being sued.From the review of the requirements and the intensity of the review,we will establish a system of legality review standards.In the proceedings,it is advocated that the normative document-making body is included as the third party of administrative litigation to protect its litigation rights.Since the normative document review is a case review,there is no need to set up a special jurisdictional system,and the incidental review is governed by the administrative courts.The incidental review does not require a separate litigation process and it can be incorporated into normal proceedings.At this stage,the review of normative documents must be attached to the review of administrative actions,and cannot exist separately from administrative actions.The results of the review are non-final.According to the principle of incidental review,the court only has the right to refuse to apply the illegal normative documents,but may not directly revoke or declare it invalid,and the conclusion of the review only has the effect of the case.The judicial suggestion system after the review should be improved from the production mechanism,feedback mechanism,and supervision mechanism to ensure that the normative document-making authority handles the relevant provisions that are confirmed to be illegal.In the case that the court's handling suggestions were not accepted,the request was resolved by asking the People's Congress to initiate legal supervision procedures such as inquiries,and introducing the adjudication mechanism of the Standing Committee of the People's Congress.