Empirical Analysis Of Administrative Normative Documents Incidental Review System

In the administrative management of administrative organs,administrative normative documents play an important role and become an indispensable basis for law enforcement.At the same time,they also play a unique advantage role in restricting the abuse of administrative power.However,in the real social life,when the numerous and miscellaneous administrative normative documents are commonplace,some illegal documents that do not conform to legal procedures quietly invade administrative activities,and to a large extent damage the legitimate rights and interests of citizens,and pollute the legal environment.In order to supervise administrative power,regulate legal administration and regulate disorderly administration,this document establishes the system of incidental review of normative documents for the first time through the Administrative Procedure Law revised in 2014.So far,the people’s Court justifiably has the right to examine the legitimacy of normative documents.Since the establishment of this system,it has been running for many years,and a large number of cases have been produced in practice.How on earth is the judicial application of this system which is placed high hopes on? It is worth our investigation.Therefore,based on 333 judgment documents as samples,this paper tries to sort out the surface and deep problems of the system,analyzes the problems existing in its actual operation,and puts forward targeted suggestions for improvement.This paper is divided into four parts.The first part of the introduction of administrative normative documents incidental review system.Based on the Administrative Procedure Law and the Interpretation of the Supreme People’s Court(hereinafter referred to as the Judicial Interpretation),this paper starts with the interpretation of the meaning of administrative normative documents,introduces the elements of the incidental review system of normative documents,and then elaborates the start-up stage,review stage and subsequent processing stage of the review gradually.Make clear the whole process of the system operation conditions and other specific content;The second part takes 333 cases as analysis samples to investigate the actual operation of the system.Through the system’s starting status,review status and processing status step by step,with the support of data analysis of the trial status,the actual concrete acceptance and review situation;The third part sort out the problems arising in the operation of the administrative normative documents incidental review system,and take the empirical case of the second part as the basis for demonstration,through the case analysis of the specific legal issues behind.The main problems include too narrow the subject of application and too strict time limit,difficulty in identifying administrative normative documents,strict identification of "relevance" standards,unclear scope of review,imperfect review standards and poor implementation of judicial review recommendations.The fourth part,aiming at various legal problems,try to put forward reasonable suggestions one by one.Including increasing the subject of the initiation,stipulating that the people’s court has the obligation of interpretation,reducing the resistance to the identification of administrative normative documents,lenient recognition of the "relevance" standard,clarifying the scope of review,establishing a unified review standard and strengthening the judicial suggestion system to establish an information sharing mechanism.These suggestions are expected to improve the normative incidental review system to contribute to the construction of socialist rule of law.