Research On The Standards For Judicial Incidental Review Of Administrative Normative Document

Although administrative normative documents are important means for administrative subjects to perform administrative functions and optimize the exercise of administrative power,various illegal problems also occur from time to time.Therefore,it is wise to include it in the judicial review,and the standards as the center of the review,should be placed in a key position to explore the analysis.First of all,the introduction,the author of the judicial review of administrative normative documents and the status quo of the proposed standard,introduced the relevant literature review,explained the significance of improvement.In the first part of the article,first of all,the author from the logic start,analysis of the legitimacy of normative documents judgment is“Two elements,a relationship” logical structure,the author also puts forward the viewpoint that the act of regulation determines the legality of regulation result in one direction.Then,from the legislation,theory and judicial application of the three aspects of the current standards of judicial review carding,in the overall grasp of its current mainstream views and practical application.In the second part of the article,the author mainly analyzes the inadequacy of the relevant research results and the problems arising in judicial practice.And the root causes of the problem to dig,that is,the current standard of judicial review of normative documents lack of theoretical basis to support,and without strict logical argument.In the third part of the article,the author analyzes the key elements of the standard of judicial review: the object of judicial review.On the basis of normative theory,this paper first explores the constitutive requirements and types of normative acts,and then introduces speech act theory to analyze the complete and detailed objects of judicial review,finally,the paper discusses the power of administrative normative document formulation.Make clear the logic of the administrative subject exercising the power to formulate normative documents,so as to lay the theoretical foundation and support for the following text.The fourth part of the article is intended to improve the“Legitimacy” criteria.First of all,from the detailed object of judicial review,the internal logical structure of administrative normative documents: subject qualification,intention expression,the content of regulatory behavior propositions and regulatory procedures to judge the legitimacy.Then,according to the theory that rationality is the extension of the field of administrative discretion,the principle of proportionality is put forward as a tool to examine whether the normative documents are“Obviously improper”,in addition,administrative authority is used to guide the standard and to measure the intensity of judicial review,so as to construct a practical judicial review standard with strict logic and theoretical basis.