Research On Judicial Review System Of Administrative Normative Documents

Judicial review system of administrative normative documents in our country has established a late time,before the promulgation of Administrative Procedure law in 2014,the provision of judicial review in our country has experienced non-actionable stage,and has begun to explore stage step by step.The judicial review system of normative documents starts from standardizing the exercise of administrative power and safeguarding the legitimate rights and interests of the counterpart,and supervises the exercise of administrative power by broadening the scope of judicial supervision.On the basis of consulting a large number of relevant literature and analyzing a large number of judicial cases,this paper briefly explained the concepts related to judicial review of normative documents,and analyzed the existing problems of judicial review system through the induction and analysis of the current legal provisions and judicial status quo,and put forward corresponding countermeasures to further improve the system.The current legal system of our country provides for judicial review system from four aspects,the review type of documents is the following regulations,the review form is the review of the document,and can not be brought separately.As for the examination of relevance,it points out that the document to be examined should be the basis for the administrative act.For the legality of the review,the current law can be called "five circumstances".The law enumerates the illegal situations of normative documents through negative statement,which mainly includes three aspects: authority,procedure and content.As for the result of judicial review,the law stipulates that the court should specify the illegal reasons in the reason of judgment,make judicial suggestions to the enacting authority,and copy to the relevant authority.Because the judicial review system is not mature,the court review enthusiasm is not high,the administrative organ is lazy to amend the document and other reasons,the implementation effect of the judicial review system is different from the legislative intention of the legislature,the effect is not ideal.In the fourth chapter of this paper,based on the improvement of the system,the joint publication of the Party and the government is included in the scope of review.Through lenient identification of relevance,more cases can enter the scope of judicial review and give full play to the role of judicial review in supervising administrative acts.In terms of legality review,it has standardized the legislative authorization of administrative organs,refined procedural matters,paid more attention to the standardization of procedures,and made the judicial review system more flexible.In terms of the results of judicial review,this paper proposes that we should start from the two aspects of judicial organs and administrative organs,not only strengthen the construction of the relevant system of courts,but also improve the internal procedures of administrative organs,and strengthen the implementation of judicial review system.