The red tape is included in the scope of the normative document attached to the review? The supreme law responds.

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 The red tape is included in the scope of the normative document attached to the review? The supreme law responds.


Somered-headed documentsare dealt with in accordance with specific matters. Thesered-headed documents are not normative documents but a specific administrative act, which can be directly prosecuted by the parties concerned. Wang Zhenyu said.

What should attention be attached to censorship?

Wang Zhenyu said that the normative document, commonly known as the red-headed document, is a popular saying of non-legislative documents, such as measures, instructions and orders formulated by the state organs, which is not very normative, but it is very common.

In his view, the normative documents with review must first be those formulated by administrative organs, and those formulated by the Party, the National Peoples Congress and the military organs should be eliminated.

There are also grade restrictions on the documents that enter the scope of examination. Wang Zhenyu said that taking legislative procedures such as administrative regulations enacted by the State Council, regulations enacted by ministries and commissions and regulations enacted by local peoples governments are not normative documents for review.

In addition, Wang Zhenyu believed that the normative documents of judicial supervision should be accepted. Besides those formulated by administrative organs, the normative documents formulated by organizations authorized by laws, regulations and rules should also be included.

What is the specific examination of normative documents incidental examination? Wang Zhenyu said that the incidental review of normative documents should first examine whether the document-making organs have the power to formulate documents, and at the same time examine the issue of document-making procedures. The most important thing is whether the contents of normative documents are legal. Is it inconsistent with the superior law or the same position? When a party proposes an incidental examination, the court can only accept it on the basis of administrative acts and administrative documents. In the scope of review, the court can examine only one or several items as the basis of administrative litigation. In addition, there are special requirements in the review time, the parties must be in administrative proceedings before the first instance of the court. Source: Beijing News Editor: Gu Ying _NN6577

What is the specific examination of normative documents incidental examination?

Wang Zhenyu said that the incidental review of normative documents should first examine whether the document-making organs have the power to formulate documents, and at the same time examine the issue of document-making procedures. The most important thing is whether the contents of normative documents are legal. Is it inconsistent with the superior law or the same position?

When a party proposes an incidental examination, the court can only accept it on the basis of administrative acts and administrative documents. In the scope of review, the court can examine only one or several items as the basis of administrative litigation. In addition, there are special requirements in the review time, the parties must be in administrative proceedings before the first instance of the court.