Research On The Standards Of Judicial Review Of Regulatory Documents

Administrative management covers every aspects in social life,from daily routine of people to macro-management of social economy.Law cannot cover everything,and administrative document has became one of basic methods for our government to fulfil their administrative management duties.Administrative document has done great when it comes to fill in the blank of laws and interpret abstractness of regulations.But there's problems within: In-distinction of subject,lack of regulation process,waste of law resources due to repetition,violation of civil rights,etc..In 2014,Administrative Procedure Law specified regulatory documents with judicial review system for the first time,which strengthened in judicial practice.On the one hand,the law and related judicial interpretation only make general provisions on the standard of judicial review of normative documents,the standard of review is not clear,lack of specific operability;on the other hand,the people's court under the pressure of administrative organs to avoid the examination of a large number of cases,resulting in the system failed to play its role.Therefore,how to effectively promote the implementation of the judicial review system of normative documents is an urgent problem to be solved,and the core of judicial review is the review standard.The author selected 100 cases of judicial review of normative documents to sort out and analyze.when studying sample cases,what has been discovered is: our country's judicial practice has an unity review criteria of conflict standard and standards to follow,and cannot cover all criminal activities due to lack of theoretical system.Therefore,in theoretical research of law,some scholars are attempting to configure a muti-dimensional review standards,but each has their own limitations.This paper analyse and learn from administrative rules and judicial review standards of the United States of American,and combine with our country's reality and socialism characteristics.Author propose a operative review system of administrative documents: Analyse the properties of one administrative document and review according to different degree of application.To be extended,analyse administrative document first,then review according to different standards of law.Interpretive regulating documents,the review of the subject,authority,and procedure adopts legality standards,and the review of content is divided into administrative discretion and non-administrative discretion.The former applies the "obvious improper" standard and the latter applies as the "consistency standard".The review of creative normative documents is divided into two levels,that is,the legality review standards are adopted in the subject,authority,and procedures,and the "conflicting standards" and "persuasive standards" are applied in terms of content according to specific circumstances.the specific case is used to reinterpret the judicial review standard system of the above-mentioned normative documents to verify the feasibility of the review standard.The specific case is used to reinterpret the judicial review standard system of the above-mentioned normative documents to verify the feasibility of the review standard.