On the Dilemma for the Mechanism about Incidental Review of Normative Documents and Solution

The system of incidental review of normative documents based on Articles 53 and 64 of the Administrative Procedure Law of the People's Republic of China is characterized as "cautious" and "poorly run". The real-life dilemma faced by the specific embodiment of is following: the content of the review is limited to "the provisions of the administrative act sued"; containing "joint party and government documents" attribute of the normative documents are often avoided review; review results are weak, the court is difficult to "put forward proposals to deal with". In this regard, the court should adhere to the basic principle of "comprehensive review"; in the face of joint party and government issuance, the party committee should take the lead in clarifying the criteria for joint issuance and reducing unnecessary joint normative documents; when dealing with the review results, a combination of incidental review and record review mechanism can be established to ensure that the court's recommendation function is effectively implemented.