An Empirical Study On Legitimacy Review Of Administrative Normative Documents

For a long time,administrative normative documents stand out for their convenience,which can make up for the defects of statutory laws and flexibly guide social life.However,while serving the administration and correcting social ills quickly,the administrative normative documents also show its other side,that is,its standardization is insufficient,unreasonable,even unconstitutional and illegal.The more such administrative normative documents emerge one after another,the more likely they are to have a direct impact or even infringe upon the legitimate rights and interests of the administrative counterpart.Analyzing the root causes of illegal administrative normative documents,we can think that legality review is the key to correct the lack of legality of administrative normative documents.However,there may be some deviations in people’s understanding of the legality review of administrative normative documents.Generally,many people limit it to the incidental review of judicial organs.Therefore,this paper makes an empirical study on the incidental review mode of administrative normative documents,and finds that the legitimacy review of administrative normative documents can not be realized only through one path of incidental review,but also through other two paths of legitimacy review,namely,internal supervision of administrative departments and external review of power organs.This paper mainly studies and demonstrates from four parts.First of all,it expounds the meaning,basic contents and main review elements of administrative normative documents and legality review,and shows the important function of legality review of administrative normative documents in the supervision of administrative normative documents.Secondly,based on the formulation procedures of current management measures in 16 provinces and cities and 836 adjudicative documents with review attached to administrative normative documents,this paper makes an empirical analysis of the present situation of legality review of internal administrative organs and external judicial organs.Thirdly,clarify the main problems and manifestations of the legality review of administrative normative documents.The main problems in the record review of the authority are the limited scope of supervision objects,the lack of rigidity in error correction and the lack of integration and coordination with other related systems.The problems of legality supervision in the process of formulating administrative documents are mainly that legality review is not in place,and cleaning up and accountability are not in place;The problems existing in the legitimacy review of the people’s court in the incidental review mainly include the low willingness of the court to review,the defects in the standards of judicial review,and the lack of rigidity in the follow-up treatment.Finally,according to the review status of administrative normative documents,some superficial suggestions are put forward.Regarding the internal review of administrative normative documents,it is suggested to unify legislative regulations,standardize formulation procedures,optimize legality review and strengthen accountability.Regarding the external review of administrative normative documents,it is suggested to reduce the difficulty of starting the review procedure,improve the review standard,establish the scope of scientific review and strengthen the review.On the record review of authority,it is suggested to scientifically set the scope of record review,strengthen the rigidity of error correction in record review and establish a judgment linkage mechanism between authority and other review subjects...