Exploration on the Effectiveness of Incidental Review of Normative Documents

Abstract

The newly revised Administrative Procedure Law in 2014 established an incidental review system for normative documents of administrative litigation in China. The establishment of this system is a great progress under the background of legal construction in Socialism with Chinese characteristics, which has shifted the boundary between administrative power and judicial power. Based on the legislative intent and extensive case data, this paper analyzes the present situation of incidental review of normative documents, so as to further explore the dilemma that the results of incidental review of normative documents are not binding on other courts and the enforcement effect of incidental review of normative documents is weak. Based on the practical experience of normative review system in developed countries, this paper puts forward three solutions: establishing guiding cases, information circulation within the judicial system and establishing the revocation system of people's courts, in order to understand the effectiveness of incidental review of normative documents more deeply.