Research On The Regulation Of Administrative Interpretation

Research on the regulation of administrative interpretation is a both theoretical and practical proposition. From the view of theoretical research, administrative interpretation is an important form and the integral part of the legal interpretation system, so the study of the regulation of administrative interpretation is an important way to further improve legal interpretation system. In practice law, administrative interpretation is widely used in the process of law enforcement and indirectly influences the interests of administrative relative parties. Therefore the effective control on administrative interpretation can prevent the abuse of executive power and protect legal rights of relative parties. While the regulation of administrative interpretation is a problem for both theory and practice. On the one hand, research on regulation of administrative interpretation is restrained by the theory and the research level of legal interpretation. On the other hand, regulating administrative interpretation is obstructed by multiple factors beyond law because it involving conflicts of interests between administrative organs and other institutions, or among the various departments of the executive, or between administration and local governments. In this context, the author tries to study how to standardize the administrative interpretation using the systematical connotations of administrative interpretation. Based on the summary and analysis about the theoretical value and status, the author proposes the dual mechanism to find a useful way for effective control on administrative interpretation.This thesis is composed of three parts: introduction, body and conclusion. The major contents are as follows:In the introduction, the author cites a real case and highly summarizes the typical problems of administrative interpretation during practicing administrative law, and then comes to the research on the regulation of administrative interpretation.In the text, the author chooses five aspects. Firstly, clarify the essence of administrative interpretation, and discuss the subject, object, nature, effectiveness of administrative interpretation deeply. Secondly, assess the theoretical value of administrative interpretation, and summarize three theoretical values: making up of inadequate methodology in research on administrative law, overcoming the deficiency in administrative law, effectively protecting administrative law from mutual conflicts. Thirdly, through the generalization of the problems existed in administrative interpretation, the author analyzes the status quo of administrative interpretation from the view of theory, system, and practice. Fourthly, point out the external mode to control administrative interpretation, that is, to impose effective control on administrative interpretation through organs of state power and judiciary. Finally, the author proposes the internal mechanism of administrative organs to standardize administrative interpretation, that is, to regulate it by administrative procedures.In the conclusion, the author indicates that in order to make administrative interpretation under the control of law and procedure, it is necessary to effectively regulate administrative interpretation. But the regulation of administrative interpretation should be placed under the legal system construction. Considering situation of the law practice in today's China, the regulation of administrative interpretation can't be completed in one move, there is still a long way to go.