On The Judicial Review Standards Of Administrative Normative Documents

53 of the Administrative Procedure Law in 2014 stipulates the incidental review system of normative documents.Although the way of the judicial review of normative documents is incidentally restricted,it still makes a big step in the judicial review of normative documents.Since there is no provision in China’s legislative norms,even if Article 148 of the subsequent Interpretation of the Administrative Procedure Law stipulates the illegal situation of normative documents,it still cannot solve the problems faced by judicial practice.The definition of the review standards of administrative normative documents in China is not clear,especially the content review standards are still controversial.Therefore,it is urgent to build a perfect and feasible judicial review standards of normative documents to better protect the legitimate rights.Through the analysis of typical cases,the court summarizes the legal problems caused by them.The courts have examined the legality of administrative normative documents,but only a few courts have paid attention to the rationality of normative documents.Different courts have slightly different perspectives on reviewing the legality of normative documents,but almost all examine them from three aspects of authority,procedure and content.Combined with the current legislative and judicial reality,the perspective of authority includes legal authority and authorization standards,the procedure requires serious illegal standards,and the content review standards mainly include the "basis" standard and the "non-conflict" standard.For the existing difficulties of the judicial review standards of administrative normative documents,the identification standards are still poorly defined,mainly including the identification difficulties of administrative normative documents,administrative decision documents,documents and regulations jointly issued by party and government organs,and the judicial organs to avoid the review.The legality review criteria are disorderly,and the current legislation is not clear for the specific standards.Furthermore,a substantive review of the administrative discretion documents is missing.It should be improved from the three aspects of establishing the identification standards of normative documents,clarifying the dimension of legality review and the establishment of "obviously improper" review standards,and explore the feasible and standardized judicial review standards of administrative normative documents suitable for the...