The Dilemmas and Functional Optimization of Normative Document Review in Administrative Reconsideration System
The Administrative Reconsideration Law provides for a system of review of normative documents,but the practice of this system presents many problems,as manifested in the low willingness of the parties to apply,the strong resistance of the review authorities,and the poor effect of the supervi-sion of normative documents.The direct causes of the gap between the objectives and actual outcomes of the administrative reconsideration normative document review system mainly stem from inappropriate positioning of reviewing entities,convergence of review standards with administrative litigation,mis-match between review mechanism setup and review consequences.The fundamental reason lies in the misalignment of the functional positioning of this system with that of the administrative reconsideration system.According to the provisions of the Administrative Reconsideration Law regarding legislative ob-jectives and basic principles,the primary function of the normative document review system in adminis-trative reconsideration is to prevent and rectify illegal and inappropriate administrative normative docu-ments,rather than assisting in the resolution of specific administrative disputes.Simultaneously,the sys-tem needs to balance the protection of the legitimate rights of parties involved and the goal of ensuring that administrative authorities exercise their powers in accordance with the law.The above-mentioned ob-jectives differ significantly from the positioning of normative document review systems in administrative litigation and record review systems.In the reconsideration system,normative document review,in terms of function,should be coordinated with the overall function of the reconsideration system.Follow-ing this principle,the reviewing entity of normative documents in reconsideration should be narrowly in-terpreted as the superior authority with supervisory powers over normative documents.The review stan-dards should be broadly interpreted as a comprehensive legality review standard,and the review process should be designed with targeted balance,considering effective supervision of normative documents.
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维普
