Administrative Normative Documents Are Accompanied By Judicial Review In The Review Process

Administrative normative documents,as a basis for administrative organs to exercise their functions and powers,affect the interests of the unspecified majority.If the administrative organs abuse normative documents beyond their own authority in the process of enforcing the law,they will harm the legitimate rights and interests of citizens.The Administrative procedure Law,revised in 2014,establishes the system of incidental examination of normative documents in administrative litigation,and the people's courts gradually explore and apply the system in judicial practice.This paper focuses on the judicial judgment in the process of incidental examination of administrative normative documents.Based on the analysis of 411 cases collected from China Judicial documents Network,this paper s ummarizes the judicial practice.First of all,this paper analyzes the status quo of the application of normative documents in the process of incidental review,and finds that there are three aspects to the application of the documents: whether the contents of the review are clear or not,and whether the applicable acts are made.Whether there is a direct basis;In the next step,there are four parties: whether the document is legal or valid,how to establish the authority,how to establish the procedure,whether the subject is legal or not,and whether the document is valid or not.Secondly,through the analysis of the current situation of application in the process of incidental review,it is found that there is a problem that the burden of proof is not clearly defined who should bear the burden of proof,and the scope of direct connection is too narrow in the relevance review.In the review of legality,there are some problems,such as the court is not suitable as the subject of determination,the procedure is not specific,and the content of the review is not clear and so on.On this basis,the author put forward a clear proof of defendant,expand the scope of direct links to improve the relevance of the application of review.And through summarizing the judicial experience,this paper puts forward the establishment of identification and sharing mechanism for the application of the legality review,the objection of the procedure review,and the scope of the review.And the main and the like can be operated to improve the suggestions.