| In a civil judgment, when the judge invokes regulations or documents of admisistrative standard as the reasoning basis, he must review the legitimacy and effectiveness of such documents. The essence of this kind of review is the judge's determination of the qualification of the documents as the reasoning basis by taking the unity of normative order as the standard in the law-finding process. It differs from judicial review exclusively focused on the legitimacy of abstract administration acts in such aspects as institutional properties, purpose of review, degree of proactivity and processing mode. Authoritative written review standards in the field of administrative adjudication can be taken as the reference in civil adjudication. However, different review standards should be applied to the review of regulations or documents of administrative standard on the basis of clarifying their respective scopes. In particular, the review of regulations should be limited to specific articles, whereas the review of documents of administrative standard should be carried out in three aspects, namely the formulation authority, specific articles and the formulation procedure. The presentation of the review results in a civil judgment, especially the assessment of the legitimacy of regulations or documents of administrative standard, should be more modest and restrained than that in an administrative judgment. |
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