Research On Judicial Review Standards Of Administrative Normal Documents

The current society develops very fast.In order to respond to the needs of society and improve society management,our government issues a batch of normative documents.Due to the large number of them and lack of management,they are liable to conflict with the law.And the disclosure rules,regular cleaning system,three unite system lead to poor effect of implementation,procedures for soliciting public opinion are imperfect,sometimes they go beyond legal limits,it is in this context judicial review of normative documents that should be viewed.Article 53 and Article 64 of the newly amended Administrative Litigation Law in 2004 gave the power of judicial review to the court,interpretation of the Supreme People’s Court on the application of the administrative producer law of the People’s Republic of China in 2018 prescribes the content of normative documents for review and the review process,it lays a foundation for the judicial review system of administrative normative documents,but because it did not provide for uniform judicial review standards,courts had their own standards of their review,so the current system design can not meet the needs of administrative supervision and civil rights relief.There are many types of normative documents which involve the rights and obligation of citizens as legal persons and the other organizations,their complexity determines the diversity of review criteria.The only premise issue concerned in China’s Administrative Litigation Law is the validity review which fits for the practice of administrative litigation not well.Above all,China’s review of normative documents lack of scientific review standards.Around the discussion and demonstration of the basic issue of the judicial review standards of administrative normative documents,this paper will first sorts out the concept and the characteristics of administrative normative documents,and summarizes the relevant provisions of the current legal system on judicial review of normative documents,and then collects typical cases for data statistics to analyze the defects of judicial review of normative documents,finally,this paper will put forward some suggestions on constructing a scientific judicial review standard system.This intends to make an in-depth study from following five parts:Introduction section mainly introduces the current situation and background ofjudicial review of administrative normative documents,and explains the research deals and the methods.The first part:overview of administrative normative judicial review.This part mainly introduces the concept and the characteristics of administrative normative documents,and lists the legal requirements for normative documents.It lays a foundation for the next discuss.The second part:empirical analysis of judicial review standards of administrative normative documents.First,I statistic and analysis the cases of judicial review of administrative documents published online in Chongqing since 2014,and sort out the procedure of judicial review of administrative normative documents in China’s judicial practice.The supreme people’s court has issued the first batch of typical cases of judicial review of administrative normative documents in October 2018.These cases play a guiding role in judicial review of administrative normative documents.This part through the analysis of cases and data analysis to illustrate the actual situation of China’s judicial review of administrative normative documents.The third part:problems existing in judicial review standards of normative documents in China.Through the empirical analysis of China’s judicial review system of normative documents,the existing problem of judicial review system are judged.The fourth part:construct a hierarchical review standard based on legitimacy review.At present,the judicial review standards of our country’s administrative normative documents is still legality review,a judicial review standard is applicable to various types of administrative normative documents,it’s impractical and can’t meet demands.The judicial review of administrative normative documents should establish diversified review standards,and we should distinguish administrative legislation from administrative normative documents.Based on this premise,a hierarchical review standard system based on legality review is constructed.