Research On Administrative Review Of Administrative Normative Documents

China's administrative normative documents have some disadvantages,such as excessive quantity,non-standard contents,obvious departmental and local protectionism and low quality,which undermine the legitimate rights of the public.In order to solve these problems,our country has established an administrative review system for administrative normative documents,including two review modes,namely,the recording review for administrative normative documents and the attached review of administrative reconsideration.However,the recording review system has defects such as lack of public participation,inadequate review standards,and incomplete procedures.The attached review of the administrative reconsideration has defects such as unclear regulations on procedural matters,unclear reviewing authorities of the documents and lack of capabilities of some reconsideration authorities,etc.These defects of two modes result in the fact that the operational functions of the administrative review of administrative normative documents are not performed as expected.In addition to the general administrative review system for administrative normative documents,Shanghai has established an innovative exploration of administrative review system for administrative normative documents promulgated by Shanghai Pilot Free Trade Zone Regulatory Commission.This system takes a series of measures and makes great efforts to protect the legitimate rights and interests of the public on a larger scale and to promote the supervision of the administrative normative documents promulgated by Shanghai Pilot Free Trade Zone Regulatory Commission.This system shows a strong spirit and awareness of innovation.However,it has some nature of particularity.Due to the administrative normative documents are all formulated by a single authority,the number of documents is small enough to make sure that even if the threshold of application is lowered to a great extent,the reviewing authority is capable of completing the exploration.In order to prevent a large number of documents reviewing applications from entering into the administrative organs,this system is not suitable to be fully promoted in China.Therefore,aiming to absorb the spirit of the Shanghai Pilot Free Trade Zone innovation system,analyze its core contents,and summarize its enlightening contents,this thesis attempts to find out the experience that can be applied to or adapted to the general system framework.There are some highlight designs as well,which can be used in the contents of the recording review and the attached review of administrative reconsideration by reference,such as a mixed mode of abstract review and concrete review,a review scope not limited by the applications,and enforceable review decisions.By its very nature,the recording review is a system for reviewing and monitoring between superiors and subordinates within the administrative system which the public cannot participate.The administrative review system for administrative normative documents promulgated by Shanghai Pilot Free Trade Zone Regulatory Commission grants the public the right to request for review.The administrative organs have no choice but to review as long as they meet the requirements.Meanwhile,a mixed review mode of abstract review and specific review is used,and no specific damage is required.The review system for administrative normative documents promulgated by Shanghai Pilot Free Trade Zone Regulatory Committee has greater protection effects.But if it is applied to the other review modes,the review authorities will face a practical dilemma that they lack sufficient personnel to deal with the reviews.Therefore,the author considers to set up certain restricts on the application subject and reasons.Citizens,legal persons and other organizations whose production,life or work is directly related to the normative documents considering that the normative documents infringe upon their legitimate rights and interests can submit an application for review and administrative organs thus start a passive review mode.In addition,the review system for administrative normative documents promulgated by Shanghai Pilot Free Trade Zone Regulatory Committee designs the corresponding review standards,procedures and methods for the examination.Inspired by this,in order to solve the defects of review standards and procedures,and improve the operability of the recording review,the author further stipulates the key review contents,namely,the legality standards and the appropriateness standards,and designs processing methods for the active review mode and the passive review mode of the recording review system.There are many defects in the current attached review of administrative reconsideration,the most prominent of which are that the procedures for reviewing normative documents are not delicate,and the authorities which have the power to review the normative documents are unclear.These greatly influence the effectiveness of attached review of administrative reconsideration.With reference to the cohesive mechanism in the review system for administrative normative documents promulgated by Shanghai Pilot Free Trade Zone Regulatory Committee,this thesis designs a cohesive procedure that the review for normative documents transfers to the passive mode of the recording review while the review for specific administrative act is still under the procedures of reconsideration.Since 2007,China has begun the pilot projects of establishing administrative review committees,and has accumulated a lot of practical experiences.The administrative review committee has the advantages of strong professionalism and high independence.When responding to the attached review of administrative reconsideration applied by the counterparts under Article 7 of the Administrative Reconsideration Law,the centralized reconsideration system guarantees the professionalism of the review authorities and has the unique advantages of improving the efficiency,increasing the quality of documents formulated by administrative bodies,and reducing the number of illegal administrative documents.This thesis expounds the specific construction of the centralized system for attached review of normative documents promulgated by municipal people's governments,and the ones promulgated by provincial people's governments and their working departments in reconsideration from the aspects of the institution of the administrative review committee and the review processes.