Research On Judicial Review System Of Administrative Normative Documents

As the most widely used basis for administrative actions at present,administrative normative documents provide administrative organs with a basis for law enforcement,and at the same time they also bring huge challenges to administration according to law.How to supervise administrative normative documents and ensure the legal exercise of administrative power has also become a new problem.As a means of judicial supervision,the development of the judicial review system of administrative normative documents has attracted much attention.After the revision of the Administrative Procedure Law in 2014,my country formally established a judicial review system for administrative normative documents.The revision of the judicial interpretation of the Administrative Procedure Law in 2018 improved the current judicial review system for administrative normative documents to a certain extent.However,in the context of the increasingly complex administrative behaviors and activities of administrative agencies,the current judicial review system of administrative normative documents cannot carry out comprehensive and effective supervision,and the improvement of the system is imminent.Through the analysis of judicial cases,it is not difficult to find the flaws in the judicial review system of administrative normative documents in our country.At present,the regulations of the judicial review system of administrative normative documents in our country are too simple,and a series of problems have arisen,such as limited activation,chaotic standards,and poor effectiveness.However,for my country’s current administrative system,there are considerable resistance and difficulties in realizing the comprehensive supervision of judicial power over administrative power and constructing a direct litigation system for administrative normative documents.In order to truly realize the control and supervision of administrative power and fully and effectively protect the legal rights of the counterparty,it is necessary to investigate the problems in the current judicial review of administrative normative documents based on the construction of relevant systems outside the territory and in combination with my country’s national conditions.Establish the subject qualification of the third party,clarify the connotation of the normative documents and basis,improve the conditions for initiating judicial review of administrative normative documents,and standardize the identification procedures.In the review,try to establish the principle of rationality,and on the basis of fully studying the inherent attributes of administrative normative documents,set up compound review standards to deal with complex situations.In the follow-up processing of the review,strengthen the effectiveness of the adjudication,improve the mandatory response system for judicial suggestions,formulate a normal disclosure mechanism for judicial suggestions,and further improve and develop the judicial review system of administrative normative documents in our country to make up for the shortcomings of our administrative litigation system.