A Study Of The Mechanism Of Normative Documents’ Objection Review

As a social norm,law is the minimum regulation on people’s social activities.Its lag nature and inexhaustible feature determine that it’s unable to solve all the problems.As a result,local governments are obliged to manage social affairs by issuing normative documents in order to make up for legal loopholes.However,due to the expanded discretion of the administrative body,it’s inclined to raise the occurrence of power abuse as well as corruption.Once the normative documents be abused,the illegal administrative conducts may threaten the legitimate rights of not only the private party,but even the whole society.Therefore,supervision of the operation of normative documents is the foundation of protecting the administrative counterpart’s legitimate rights and maintaining the harmony and stability of the society.Currently,the conduct of supervising the operation of normative documents relies mainly on the organs of state power and administration.However,there is no specific regulations on whether the public,which is directly affected by the normative documents,has the legal right to supervise or how to participate in the supervision.The mechanism of the objection review of normative documents is crucial to the public participation in managing administrative affairs.It’s essentially protecting the participating rights of the administrative counterpart and making up for the lack of public engagement during the enacting of normative documents.Only if the administrative counterpart is participating in the supervision of normative documents could improve the status of the private party,balancing its standing in administrative procedures.This dissertation is divided into four parts:The first part analyzes the related concepts concerning the mechanism of objection review of normative documents based on current researches theoretically.In this part,the author puts forward the existing problems of the reviewing process on the basis of studying the practical cases and elaborates the effective value of the objection review of normative documents,pointing out the significance and research methods of this dissertation.In the second part,the author starts from the existing supervising models in China,putting forward the necessity of the mechanism of normative documents’objection review by analyzing the failure of the current supervising mechanism.Then,the author compares the mechanism of objection review and relevant systems,such as administrative litigation and public interest administrative litigation,highlighting the superiority of the mechanism of normative documents’objection review.Furthermore,this part analyzes the rationality and feasibility of the mechanism of objection review through studying the basic theories of it.The third part selects representative normative documents to compare different regulations in local practices,using the method of empirical analysis.Then,the author analyzes the design of the procedure in reviewing the objection of normative documents,in order to evaluate its practical effect,summarizing common features and operating.The fourth part is the countermeasure research of the problems raised in the preceding text.To begin with,the author compares the supervision modes of foreign normative documents and researches the referential value for our country’s benefit.Secondly,starting from the aspect of administrative law,the author analyzes the basic principles of carrying out the mechanism of objection review.Last but not least,the dissertation offers specific suggestions on building and perfecting our country’s mechanism of normative documents’ objection review from the aspects of inner design of the system and outer circumstances.