| The Administrative Litigation Law, revised in 2014, formally establishes the incidental review system for administrative normative documents. In the past ten years of judicial practice, courts have always maintained a modest attitude towards the review of administrative normative documents. Administrative normative documents that have been confirmed to be illegal are rarely corrected. The same administrative normative document is often reviewed repeatedly in different cases. The reason is that the incidental review model has institutional flaws in allocating review powers, initiating review procedures, implementing review conclusions, and connecting reconsideration reviews and litigation reviews, and these problems are difficult to solve through partial system optimization. Compared with the incidental review model, the direct review model has significant comparative advantages. The construction of a direct review model has also sufficient legal basis and institutional space under the overall structure of China’s current administrative litigation system. In the future, the provision on “concurrently…when filing a complaint against an administrative action” in Article 53 of the Administrative Litigation Law and the incidental review clauses in the Administrative Reconsideration Law should be deleted and a model of direct review with prestaged reconsideration of administrative normative documents should be established instead. In the specific system construction, the qualifications of plaintiff should be strictly controlled, a limited application period should be established, the judgment method should be clarified, and the review content should be defined. |
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