Research On The Practice Of Judicial Review Of Administrative Normative Documents

Article 53 of the Administrative Procedure Law amended in 2014 empowers citizens to submit to the court the right to judicial review of the following normative documents,to summarize the typical cases issued by the Supreme People's Court and non-litigation search cases,and the courts' regulatory documents The judicial review is divided into three parts:identification of administrative normative documents,correlation examination between normative documents and administrative actions,and legality review.The court review path is sorted out and the review criteria are proposed for each part.In the identification of administrative normative documents,the court excludes the local regulations and government regulations from the scope of the examination;the application object does not specifically distinguish the administrative behavior from the normative documents,and realizes the diversion of the relief path;The system design of the layer system leads to the fact that the discretionary benchmark is in fact binding on the lower-level organs.The administrative content of the adjustment of the content is the scope of the review of the administrative benchmarks of the relative rights and obligations,and the relatives are given the relief channels.The Administrative Procedure Law refers to the subjective criteria for the judicial review of the normative documents.Whether the administrative normative documents for review are the basis for the administrative actions,it requires the independent judgment of the people's courts rather than relying solely on the defense of the administrative organs.The basis stated in the opinion or law enforcement instrument.In order to establish the basis of the actual relationship between administrative behavior and normative documents,as long as the administrative normative documents can provide support for the powers and contents of administrative actions,it can be considered that the administrative normative documents are administrative organs.The basis for the decision.Establish legality review standards from three levels: establishing authority,establishing procedures,and regulating content.In terms of privilege review,it must have a clear authorization of the upper law and prohibit the establishment of legal reservations.The courtcan use the principle of legal reservation based on the distinction between the profit and loss rules and the rules of benefit.In formulating procedures,the development agency shall perform the announcement procedure,the hearing procedure,and the release procedure to ensure that the relative person can participate in the formulation process to make suggestions and opinions,and to formulate the agency's obligation to protect the legitimate rights and interests of the relative.In terms of content review,the prohibition of administrative normative document rules contradicts the rules and principles of the upper-level law,prohibiting the normative document rules from reducing or increasing the relative rights and obligations of the relatives.The connotation and standards of judicial review of administrative normative documents have been enriched.