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

According to the requirements of comprehensively implement the rule of law,The Administrative Litigation Law,implemented in 2015,incorporates administrative normative documents into the scope of judicial review,and establishes the incidental review of normative documents as a new system.At the same time,the Supreme People's Court also explained the specific provisions of the collateral review system for normative documents in the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of “the Administrative Procedure Law of the People's Republic of China”,which was implemented on February 8,2018.After three years of trial practice,through the incidental review of administrative normative documents,the court protected the legitimate rights and interests of citizens,ruled out the influence of illegal administrative acts and administrative normative documents on people,and fully exerted the judicial power over the supervision of administrative power.However,due to the fact that the Administrative Litigation Law is not specific and unsound for the construction of the incidental review system of administrative normative documents,there are some problems in the reality that the review procedure is imperfect,the review criteria are not specific,and the review results are weak.What's more,the court's experience in dealing with such cases in judicial practice is relatively lacking,making it difficult to review administrative normative documents.Firstly,this thesis expounds the relevant theories of the collateral review system for administrative normative documents.Secondly,by studying the historical development of the incidental review system of administrative normative documents and analyzing the typical cases published by the Supreme People's Court,this thesis summarizes the specific content and reality of the current system in China,and finds out the existing problems.Then the relevant systems of the civil law system represented by Germany and France and the Anglo-American legal system represented by the United States and the United Kingdom were studied.Through comparative analysis,the author gives the enlightenment of the judicial review system outside the country to China's judicial review system,and finally puts forward suggestions for promoting the improvement of the China's incidental review system of administrative normative documents?...