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A Study on Judicial Review of Administrative Normative DocumentsBased on Reflections on the Newly-amended AdministrativeProcedure Law(PDF)

《南京师范大学学报(社会科学版)》[ISSN:1006-6977/CN:61-1281/TN]

Issue:
2015年03期
Page:
38-
Research Field:
法制现代化研究
Publishing date:

Info

Title:
A Study on Judicial Review of Administrative Normative DocumentsBased on Reflections on the Newly-amended AdministrativeProcedure Law
Author(s):
ZHANG Lang
Keywords:
administrative normative documents judicial review system design
PACS:
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DOI:
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Abstract:
The newly-amended Administrative Procedure Law stipulates that People’s Courts can conduct judicial review on administrative normative documents below the level of rules and regulations. Based on the existing system of power allocation and the reform of judicial system, we take judicial theories and practices in western countries as reference to integrate the prospect of legislation with its practicability. Besides, we discuss concrete issues on system design and judicial application like the identification of the subject of review, the ways to file a lawsuit, the content and intensity of review, and the classification of court decisions and their enforcement, so as to establish a mechanism of judicial review which meets the realistic needs of China.

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Last Update: 2015-06-15