Research On Judicial Review System Of Administrative Normative Documents

Administrative normative documents are closely related to the vital interests of citizens and are an indispensable part of modern administration.However,there is no unified law regulated administrative normative documents.Facing the "wild growth" of administrative normative documents,the newest Administrative Litigation Law stipulates the judicial review system of administrative normative documents.Article 148 of the judicial interpretation of the Law of Administrative litigation lists the 5 illegal situation including formulation,functions and not inconsistent with the public policy and so on.But how to use the terms to deal with various cases it still needs to improve.Therefore,this article attempts to analysis of the judgment documents of people’s courts at or above the intermediate level after 2018 in order to keep The relationship between administrative powers and judicial powers.This paper consists of three chapters。The first chapter is the selection of the background,reviewing the definition and the characteristics of the administrative normative documents and introducing the three-stage life of the judicial review of administrative normative documents.The second chapter,based on the understanding of the provisions,examines the judicial review standards and operating of the judicial review of administrative normative documents from the three elements including formulation,functions and not inconsistent with the public policy.The third chapter,by summarizing the experience of the judicial review of administrative normative documents in the UK,the US and France,explores possible ways to solve the problem from three aspects liking unified legislation,classification review mode and other supporting system.