The Study Of Court's Review Of Rules In Administrative Litigation

The meaning of reference to rules has been discussing for a long time,representative view includes: the review of the legitimacy and the effectiveness,opt-in,the legitimacy of publicity.The focus of this essay is not on the meaning of ‘refer to rules' itself,nor the further explanation,but intending to categorize the meaning which conform to the original intention.The legal position of rules determines that it can not be applied directly by the court,only after the review on the legal validity can the court adopt it.The empirical study for the regulation lags behind,so in order to make up this filed,this essay concludes the regularity of the applicable standard and the review result based on the analysis of the current cases.After analyzing and comparing large number of cases,the regularity for reviewing rules can be draw as below: 1.whether the authority go beyond its power;2.whether rules conflict with the laws or regulation;3.whether rules are the legal bases of the specific administrative acts.In addition,the method to adopt the standard and the result indicates specific pattern: 1.Art.71 of the Law-making Law determines whether the authority goes beyond its power;2.whether rules would conflict with other laws or regulations is the key in the review.3.when rules become the only or specific legal bases of the administrative act,it is more likely for them to be adopted.