Research On The Review System Attached To The Normative Documents

Although the legal effect of the normative documents cannot be compared with the legislative documents,it plays an important role in promoting the administrative management of the government and improving the administrative efficiency.In practice,the administrative organs of our country have formulated a large scale,covering all aspects of social management and complicated systems.Normative documents.However,while ensuring the effective supply of modern state legislation and greatly improving the efficiency of administrative agencies,normative documents also have the potential to transcend authority,abuse power,and violate the legitimate rights and interests of individuals or organizations.In fact,the fact that normative documents hinder the unification of the country’s legal system also exists.For example,the same level of normative documents overlap and even conflict with each other;some localities and administrative departments are driven by economic interests and violate the principle of public interest.The power of normative documents has reached the goal of striving for interests,and violations of laws and regulations,fines,fees,etc.have caused serious damage to citizens’ rights,and the masses have therefore strongly reflected.According to the current institutional arrangements for the supervision of the administrative rules system in China,the methods for supervising the following normative documents are: the filing of the power organs,the examination of the administrative organs,the review of administrative reconsideration and the judicial review of the judicial organs.Among them,the judicial review of the judicial organs is more routine than the supervision of the legislative organs,and it is more fair than the supervision of the higher administrative organs.Before the revision of the Administrative Litigation Law of 2014,it did not give the court judicial review of the normative documents.The stipulation system for judicial review of normative documents created after the revision of the Administrative Litigation Law indicates that the court may conduct an incidental review of the normative documents,and the normative documents have since clearly entered the judicial review of the court.Since its establishment on May 1,2015,the normative document attached to the review system has been in operation for more than four years.It has been supervised by the stipulation of the normative documents,safeguarding the rights of citizens,and administratively calibrating the administrative organs according to law.direction.Although the top-level design has begun to take shape,due to the lack of supply of relevant supporting measures,the review system attached to the regulatory documents encountered some obstacles in the judicial practice.Based on the provisions of the Administrative Litigation Law and the latest judicial interpretation,the normative analysis of the normative documents is carried out in terms of the main body of the application,the application method,and the object of examination,and the characteristics are firmly grasped;combined with relevant cases and typical cases,analysis In the judicial practice,it analyzes the dilemma of qualitative identification standards,incomplete review standards,and unsound treatment mechanism for being recognized as illegal normative documents after review;trying to clarify the court’s normative The specific review path of the document,with a view to providing reference for judicial practice.