Research On The Judicial Review Of Regulatory Documents

There is a theoretical view that justice is the most effective and authoritative way to supervise administration.But in practice,considering the unique relationship between our administrative organs and the judicial organs,the judicial organs in the face of face of the administrative organs,which leads to the courts often unable to carry out judicial review of the administrative organs,especially in the examination of normative documents.Although the newly amended Administrative Procedure Code of 2014 makes it clear that the courts can review normative documents in administrative litigation cases together,and further judicial interpretation to refine them in 2018,some problems remain unclear.To use In the two years of 2018 and2019,the normative documents found online by China's judgment documents were analyzed and summarized,and it can be found that: The Court's determination of the nature of the document,which was the first step of the collateral review,was crucial to the conduct of the subsidiary review procedure,because the criteria for the determination were not clear.Therefore,in order to avoid errors in the identification of the nature of documents by the court and to reduce the number of errors caused by the identification of the nature of documents,a special normative document identification advisory body can be established within the system of administrative organs to provide advisory opinions to the court.One of the purposes of judicial review of normative documents is to supervise normative documents,but incidental review can not fully achieve this purpose because of its "incidental" essential characteristics In the context of China's request to strengthen the supervision of normative documents in recent years,the call for direct review mode is increasing,so it is necessary to establish a combination of direct review and incidental review of normative documents.The law does not specify the extent to which the request for judicial review of normative documents should be specific,but in practice,the parties point out that it is not enough to apply for the examination of the name of the normative document,and must also the specific provisions,such requirements are toostrict for the parties,beyond the ability of most litigants,in order to protect the right of the parties to sue,not specified specific provisions should also be examined.Normative It is hoped that the standards of "legality" examination of documents will be verified to the people's courts at all levels in the form of cases directed by the Supreme Court to ensure that normative documents are true and lawful,and that they will be gradually extended to "reasonableness" examination to ensure that normative documents are lawful and reasonable.The results of judicial review are not mandatory and can not have a substantial impact on the illegal normative documents.It is necessary to strengthen the effectiveness of the results of the review of normative documents,establish the system of judicial advice response and the illegal norms Sexual documents are generally not applicable,allowing illegal normative documents to be amended in a timely manner,and can be stopped in a timely manner to prevent them from continuing to threaten the legitimate rights and interests of others.