중국법의 규범성문건에 대한 고찰

In Chinese legal system, particularly, in scope of Administrative Law, there is a Normative Document of Law. And this Normative Document of Law is a sort of abstract administrative action. It is neither formal act of legislating nor formal administrative legislation. But, in real life, the Normative Document of Law have more universally and directly influence on people's daily life, as compared with formal legislation or formal administrative legislation. In this thesis, we can understand sources of Chinese law, conception of the Normative Document of Law, substance of Normative Document of Law, and the issues of law. Through the Administrative review law, we can understand that the administrative counterpart can petition administrative review, for determine the legal basis of specific administrative action of administrative organ is lawful or not. In otherwise, in current legal system, administrative counterpart can not petition administrative review, for determine the legal basic of the Normative Document of Law is resonable or not. And, after the administrative counterpart petition administrative review for advocate illegality of the Normative Document of Law, the organization of administrative review award legality of it, and under the circumstance that the administrative counterpart want to suit against the award, then, because of the article of Administrative litigation law, the administrative counterpart can not bring a suit against it. At the last, the crucial problem is that the administrative counterpart have not any remedial right in the Administrative review law or Administrative litigation law, for remedy damage caused by the Normative Document of Law.