On Judicial Review Of Administrative Rules

China's "Administrative Procedure Law," 12, of the right to excludeadministrative rules, including the abstract of judicial review. Now with therule of law and the process of social development, the sag out graduallyinstitutional design defect, Chief legislative oversight weakness in theformulation and promulgation of the lack of strict procedures, individualdepartments based administrative regulations, local mentality serious, thegovernment is composed of the administrative normative documents keen on "a pen"signing documents, triggered a lot of rules and regulations followingadministrative normative documents tort law, in China, These administrative lawat the state unable to relief. According to the "Administrative Procedure Law,"52, 53, a court in a case of administrative laws and administrative regulations,based on local laws, but the "light" rules, regulations can be seen not in thelaw. "Constitution" Article 100 stipulates that the provincial and municipalpeople's congresses and their standing committees in the development of localregulations, only different Constitution, laws, administrative regulations canbe inconsistent, and provisions shall not contravene the regulations. Evidently,only administrative regulations in the scope of judicial review, can we make ourexisting judicial system imperfect.Based on administrative rules for the construction of China's key to the maincourt for the judicial review system. This paper that the so-called "lightregulation" is the people's court for administrative rules of judicial review,China's current judicial review system, which not only contains the specificadministrative acts of direct judicial review, also contains a pair ofadministrative regulations indirect judicial review. According to China's systemof administrative litigation system practical and constitutional development,in my view, the administrative regulations should be included in the reviewunconstitutional, The following administrative regulations and regulatorydocuments should be explicitly included in the scope of judicial review. Thisis not only the rule of law in today's world of common law countries, as wellas putting the "respect and safeguard human rights" thrust of the Constitution,promoting the building of a socialist country ruled by law an important measure.This paper is divided into three chapters. The first chapter outlines theadministrative regulations, the author's first administrative regulations from the main production, the level of effectiveness, limitations of the regionalcharacteristic, and clarifies the administrative regulations and the nature ofour legislative system in the special legal status, in turn leads to theAdministrative Procedure Law 53 "light regulation" different understanding.ChapterⅡof judicial review of administrative regulations reality,administrative regulations from judicial review into the urgency and feasibilityof two spots. Full official in the administrative regulations and judicial reviewimminent is feasible. ChapterⅢis administrative rules, judicial review ofthe specific design of the system, namely the admissibility of the Court modelevels, plaintiff to sue, the court's decision mode and effect and theadministrative procedural law revisions.