Research On Judicial Review Rules Of Normative Documents

At present,the judicial review system of normative documents has been preliminarily established,but in the process of system operation,many aspects of judicial review rules remain blank and need to be further studied.In the collection " China Judgements Online " written judgment on normative documents review along with all the cases,on the basis of the normative documents the development of the system of judicial review,judicial examination application,review content,review of post-processing for context,the court of the whole process of judicial review of the review rules for the classification,summary and analysis,excavating intercommunity and differences of review opinions,extracting effective censorship rules,forming practice guidance for the review,and then exploring the development and improvement of the system of judicial review.Normative documents of the most prominent problems in the judicial review is normative documents review mode of acceptance,along with all the court to exclude most of the cases in the review,based on a large number of direct judicial appeal review of normative documents and relevant justiciability of normative documents can be differences of case analysis,the court is necessary to relax the "degree" of normative documents identified,expanding the scope of the filed a judicial review of the main body qualifications,then directly accepted by regulatory documents review,will be more normative documents included in the review.The most critical problem on the judicial review of normative documents is the review contents.scope of review,examination standards,and many other disputes began review mode design,the legal effect of judicial review of normative documents is affected in essence.Following the judicial review process,it should be classified into three levels: form of validity examination,legitimacy review and rationality review.The form of validity examination and legitimacy review to take strict censorship,Rationality review to adopt moderate review,to resolve administrative disputes in substance.Actual effect of judicial review must be carried out in the treatment after judicial review.And normative documents " Irrelevant effect " review mode leads to the state of disconnection between the judicial review of normative documents and the validity of the normative documents,also reflects the whole normative documents of the insufficiency of the judicial review system structure,under the framework of the current system,the feasible plan is to establish a cohesive mechanism for the review of normative documents by the legislative,judicial and administrative organs,to ensure effect of judicial review of regulatory documents.The purpose of judicial review of normative documents is to safeguard the legitimate rights and interests of citizens,regulate the abuse of administrative power,and supervise the formulation of normative documents.We should give real play to the judicial review of externalities,fairness,integrity,comprehensive functions,recognize the necessity and limitation of the judicial review,on the judicial tolerance and judicial practical grasp the extent of the review.The formulation of normative documents must be subject to all-round supervision,it is crucial for the realization of administrative rule of law to enhance the breadth and depth of judicial review in courts.