2013Journal of Zhoukou Normal UniversityRequires access

The right about the legal review of the normative documents of the organs of administrative review

Wang Lin

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Abstract

This paper focuses on the topic of administrative review of the normative documents,that is,the right about the legal review of the normative documents of the organs of administrative review.Firstly,this paper will analyze the necessity of the administrative review of the normative documents,including the problems of the normative documents and four reasons to pursue this system.Secondly,the paper will cite the legal basis and the embodiment for the implement of this system,including three items of Administrative Review Law.Thirdly,the paper will analyze some abnormal problems which have appeared during the system’s operation.It includes the narrow scope of the review,the exclusion of the justifiable review of the normative documents,the uncertainty of its form and effectiveness and the administrative censorship as the final remedy.Finally,some feasible solutions will be put forward,which include:to enlarge the scope of administrative review of the normative documents,to establish the system of direct incidental censorship,the system of direct independent censorship and the system of positive independent censorship,to include the justifiable review of the normative documents,to make the form and effectiveness of administrative review more clearly and to make the judicial censorship as the final remedy.

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What this paper is about

This paper focuses on the topic of administrative review of the normative documents,that is,the right about the legal review of the normative documents of the organs of administrative review.Firstly,this paper will analyze the necessity of the administrative review of the normative documents,including the problems of the normative documents and four reasons to pursue this system.Secondly,the paper will cite the legal basis and the embodiment for the implement of this system,including three items of Administrative Review Law.Thirdly,the paper will analyze some abnormal problems which have appeared during the system’s operation.It includes the narrow scope of the review,the exclusion of the justifiable review of the normative documents,the uncertainty of its form and effectiveness and the administrative censorship as the final remedy.Finally,some feasible solutions will be put forward,which include:to enlarge the scope of administrative review of the normative documents,to establish the system of direct incidental censorship,the system of direct independent censorship and the system of positive independent censorship,to include the justifiable review of the normative documents,to make the form and effectiveness of administrative review more clearly and to make the judicial censorship as the final remedy.

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Available abstract

This paper focuses on the topic of administrative review of the normative documents,that is,the right about the legal review of the normative documents of the organs of administrative review.Firstly,this paper will analyze the necessity of the administrative review of the normative documents,including the problems of the normative documents and four reasons to pursue this system.Secondly,the paper will cite the legal basis and the embodiment for the implement of this system,including three items of Administrative Review Law.Thirdly,the paper will analyze some abnormal problems which have appeared during the system’s operation.It includes the narrow scope of the review,the exclusion of the justifiable review of the normative documents,the uncertainty of its form and effectiveness and the administrative censorship as the final remedy.Finally,some feasible solutions will be put forward,which include:to enlarge the scope of administrative review of the normative documents,to establish the system of direct incidental censorship,the system of direct independent censorship and the system of positive independent censorship,to include the justifiable review of the normative documents,to make the form and effectiveness of administrative review more clearly and to make the judicial censorship as the final remedy.

Key concepts: Normative, Censorship, Scope (computer science), Law, Political science, Computer science, Sociology, Law and economics

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