Research On The Attached Review System Of Administrative Normative Documents

Country’s laws and regulations stipulate four ways of regulating administrative normative documents: the filing and review system of the Standing Committee of the People’s Congress,the filing and review system of administrative organs,the collateral review system for administrative reconsideration,and the administrative normative documents newly added after the amendment of the Administrative Procedure Law Incidental review system.Starting from the basic theory of the administrative normative document incidental review system,it analyzes the basic issues such as the conceptual definition of administrative normative documents,and analyzes the two mainstream theories of the administrative normative document incidental examination system—the theory of separation of powers and checks and balances and administrative litigation.It mainly studies the origin,principle,connotation and development process of these two theories in different countries,and briefly expounds our country’s exploration and practice of the above two theories.Researching and investigating the administrative normative document incidental review system of France,Germany and other civil law countries and the United Kingdom,the United States and other maritime law countries,analyzing and generalizing its characteristics and advantages.Finally,the enlightenment to our country mainly includes several aspects such as the combination of pre-and post-submission,refined court management,specific review standards,gradient review intensity and efficient review results.This article summarizes the current legislation and judicial status of the administrative regulatory document incidental review system in my country,and briefly elaborates and analyzes the Li Xiaona case,from the scope of the review,the initiation procedure,the review standard,the legal effect,and the The six angles including the grassroots trial system and case guidance have analyzed the issue of the accompanying review system in our country.Finally,based on the above issues,the corresponding improvement opinions are summarized,which mainly include expanding the scope of review,improving the initiation procedure,refining review standards,strengthening legal effects,in order to improve my country’s administrative normative documents.And provide some help for development.