Research On The Follow-up Treatment Of Illegal Determination Of Administrative Normative Documents With Judicial Review

The administrative normative documents referred to in this article refer to the normative documents below the laws and regulations formulated by the administrative organs.They play an important role in the administrative management process.They have the ability to adapt quickly to social development,and adjust social relations with high efficiency and operability.Strong and many other advantages,deeply loved by administrative agencies.However,in practice,a large number of administrative normative documents are more random and chaotic in their formulation procedures,which will inevitably lead to illegal situations,which will damage the legitimate rights and interests of administrative counterparts.At the same time,it also casts a haze on my country's administrative rule of law.In 2014,the“Administrative Litigation Law” was amended,for the first time in the form of legislation to clarify the supervision of administrative normative documents by the people's courts,and complete the control of the legality of administrative normative documents through judicial review.However,the disadvantage is that the people's courts cannot make legal or illegal final judgments on administrative normative documents after the incidental review.This makes the effectiveness of judicial incidental examinations inevitably weak,and it may be difficult to protect against illegal administrative documents after the violation is determined.Correction of regulatory documents.Although the legislative and judicial interpretation attempts to solve the problem of insufficient review effectiveness by constructing a follow-up processing mechanism for the determination of violations,the implementation effect of the follow-up processing of the determination of violations is far from the expectations of the legislative and judicial interpretations.“Not applicable” only has the effect of individual cases and does not affect its adjustment of social relations outside the case;the compulsive force of judicial suggestions is obviously insufficient;the effects of copying judicial suggestions and filing with higher courts are very limited.The existence of these problems in the follow-up processing of illegal identification makes it difficult to truly realize the system function and original intention of the incidental review to correct the errors of illegal administrative normative documents.Therefore,it is very necessary to study the follow-up processing problems of judicial incidental review of administrative normative documents.This article uses normative analysis method,theoretical research method,comparative research method,etc.,to study the follow-up processing of judicial incidental review illegal identification.First of all,based on the overall situation of the incidental judicial review system,understand the establishment background,original intention value and specific content of the system,and establish a solid theoretical foundation for studying the follow-up processing of illegal identification as one of the contents of the incidental judicial review system,and on this basis,Explain the basic meaning of the follow-up treatment of illegal identification,and clarify the important research value of the follow-up treatment of illegal identification.Secondly,it examines the current legislation and judicial interpretations,comprehensively summarizes the status quo of the follow-up treatment of illegal identification in our country,and starts from theory and practice,and refines the shortcomings in the implementation of the follow-up treatment-related specific measures.Third,compare the follow-up treatment of illegal identification in advanced countries under the rule of law,and learn useful experience from the system design,and provide experience for the development and operation of the follow-up treatment of illegal identification of judicial incidental review in my country.Finally,under the framework of the existing follow-up procedures for the determination of violations,we propose countermeasures and suggestions for the problems in the follow-up processing,improve the procedures and content of the specific measures for the follow-up processing of violations,and promote the entire judicial incident while solving existing problems.The integrity of the review system.