On The ’Sanding’ Document In Judicial Review

There is no shortage of practical examples in the administrative litigation caused by normative documents.The administrative litigation caused by ’ SanDing’document is an example.According to the existing laws and regulations,it is hard to find information about the nature of ’SanDing’ document.By empirical analysis,’ SanDing’ document is one of the normative documents which contains functional allocation,internal organization and staffing,so as the document of organization and business in civil law countries.In our practice,’SanDing’ document usually presents the refinement and clarity of the upper laws or the breakthrough of the upper laws.Therefore,we can divide ’SanDing’ document into two groups,one is called"refinement ’SanDing’ document," and the other is "breakthrough ’SanDing,document."Despite the differences between these two types,judicial judges of the people’s courts at all levels of the country give high respect to them since March 20,2018.According to the standard,the unsoundness of normative document review standard and the imperfection of the current organization’s legal system are the direct cause of the high respect of the court.In terms of the system,the hierarchy,the particularity of enacting body and the relationship between justice and administration are the fundamental cause of the high respect of the court.If the people’s court respects all ’SanDing’ document,it is equivalent to abolish the provision of article 53 of the administrative procedure law of 2015.Therefore,it is necessary to construct a framework for the legitimacy review of these two types of ’ SanDing ’ documents.The academic circle has proposed the"non-conflict standard" and "legal basis standard " for the judicial review of normative documents.However,these review criteria are only concerned with the relationship between normative documents and the upper law,while do not bring the jurisdiction of enacting body or the procedure into scope of judicial review in that they were abandoned.At the same time,the ’ SanDing’ document has been regarded as the internal administrative regulation that does not produce the external legal effect,and has not received due attention.However,it is undeniable that the provisions of the’SanDing’ document,which are based on the administrative act,indirectly affect the rights and obligations of the other party.The judicial interpretation of administrative procedure law makes it clear that normative documents can be reviewed from the aspects of subject authority,procedure and content.Naturally,the judicial review of the ’SanDing’ document should also be compatible with it.In the examination of the subject authority,the current legal norms are not clear about the authority of the party committee to make normative documents,so only the formal examination can be made.When review procedures,it should follow the rules and procedures for ordinance,also shall be in conformity with the local people’s government regulation on the administration of agency establishment and staffing of article 9 of the "review" "approval" and "record".In terms of content review,refinement ’ SanDing’ document must comply with the requirement that the detailed provisions are correct;the formulation of breakthrough’SanDing’ document requires a specific and explicit mandate.