| Under the background of administration by law,administrative interpretation should be widely used by basic administrative organs in order to ensure the normative completion of tasks.In fact,the aforementioned organs rarely use administrative interpretation in the administrative process.It can be seen that administrative interpretation is encountering the dilemma that it should be used but rarely used.Therefore,it is not only because the existing administrative interpretation tools do not have the corresponding functions,but also because the existing individuals using this tool do not have the corresponding qualifications.Therefore,we should help administrative interpretation to get rid of the dilemma and play the expected role through scientific theory and system construction.Therefore,we should first put forward the scientific theory of administrative interpretation,and then construct a scientific administrative interpretation system under its guidance.Specifically,the theory of administrative interpretation focuses on the question of "whether it can be explained" and "how to explain",and is composed of "cognitive theory of administrative interpretation","subject theory of administrative interpretation","principle theory of administrative interpretation","methodology of administrative interpretation" and so on.This theory can solve the problem that administrative interpretation tools are not functional.On the other hand,the construction of administrative interpretation system should be guided by the above scientific theories,and solve the problem of the inqualification of individuals using tools from the three aspects of "tool using consciousness","tool using willingness" and "tool using ability".In five chapters,this paper first puts forward the scientific theory of administrative interpretation,and then forms a scientific administrative interpretation system.In the introduction part,the problem consciousness and research arrangement of this paper are introduced by introducing the current situation of institutional difficulties and related research.On the one hand,based on "administrative country","individual liberty",the time background of "party — government integration" and "party—government system,party and dissecting the" system of macro set root system of administrative interpretation of trapped — type is not normative research think the specification of the supply ability is insufficient,also is not functional type study think that the function of the play,But the lack of normative guidance of function;On the other hand,in order to form a system of administrative interpretation that can ensure the normative functioning,scientific theories of administrative interpretation must be contributed.Therefore,the research framework of this paper consists of two parts: vertically,it chooses the writing framework of "theoretical renewal —— institutional reform",and successively studies the problems of "what is the scientific theory of administrative interpretation" and "how to make scientific reform of the current system".Horizontally,it chooses the analytical framework of "regulationism—conceptualism" to study the question of "what is scientific administrative interpretation theory".Based on the aforementioned research framework,the specific research arrangement of this paper is as follows.Chapter one discusses the cognition of administrative interpretation.First,the administrative interpretation is observed from the perspectives of regulationism and functionalism.Based on the observation results,this paper introduces,analyzes and criticizes the administrative interpretation orientation in the existing theories,and puts forward a new administrative interpretation orientation corresponding to the "two unification".The second chapter focuses on the subject of administrative interpretation and discusses the question of "who has the right to make administrative interpretation".Firstly,the existing theories about the subject of administrative interpretation are reviewed and the existing problems are analyzed.Then it puts forward that both basic administrative organs and non—basic administrative organs can be the subjects of administrative interpretation,expresses the view that "a community of administrative interpretation composed of the two should be constructed",and demonstrates the legitimacy based on the recognized principle of proper function of state power allocation.Chapter three discusses the basic principles of administrative interpretation.The basic principle of scientific administrative interpretation should accord with the double standard of substance and form.In order to meet the substantive standard,the construction of principles should be based on the essence of administrative interpretation.In order to conform to formal standards,the construction of principles should consider the differences in specific fields.Furthermore,in different fields of politics and administration,based on the essence of "promoting the normative play of functions",the basic principles of political administrative interpretation and administrative administrative interpretation are constructed respectively.Chapter four discusses the question of "how to make administrative interpretation" around "administrative interpretation method".Therefore,we need to study "what is the correct administrative interpretation method" and "how to correctly use administrative interpretation method".After analyzing the former problem,it is determined that there is no correct administrative interpretation method in the existing research.On the basis of summarizing the success and loss of the existing research,the correct interpretation method of new functionalism is put forward.For the latter problem,the specific division of labor of administrative interpretation community is determined based on the actual situation of system operation,and then the application subject and application opportunity of new functionalism interpretation method are determined.Chapter five discusses the institutional reform of administrative interpretation.This part is guided by the theory of administrative interpretation formed in the previous four chapters to reform the current system of predicament.This kind of system reform,should not only clear concrete way,and should clarify the concrete content.It should be emphasized that the reform of the system content should not only involve the core issue of "who interprets and how to interpret",but also include "ensuring the functional adaptability of the norms" and "ensuring the effectiveness of the system". |
