In recording review,the retrospective effect of normative documents after being corrected or revoked for violating the superior law includes two aspects:the determination of the validity of the normative doc-uments and the resulting case relief before they are corrected.Among them,the determination of the effectiveness of normative documents in conflict with superior law includes three principles and exceptions:the principle of backward invalidity and the exception of initial invalidity;Immediate failure is the principle,and periodic failure is an exception;The principle is appropriate functionality,and intervention in legislation is an exception.After a normative document is determined to conflict with the superior law,whether the party suffering from disadvantage can obtain individual case relief requires a comprehensive consideration of various factors from the perspective of legal policies,based on the specific situation of the resolved and pending cases,and combined with the type of case.For resolved cases,the availability of relief should be determined based on the nature of the case;For pending cases,it is necessary to distinguish the causal and noncausal cases to determine whether relief can be obtained.
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