On The Efefct Of Administrative Norms Against Civil Law

The abstract administrative behavior can be divided into executive legislationand other normative documents of the executive authority. Other normativedocuments can be further divided into administrative provisions and the interpretation.On this basis, some scholars put administrative rules, regulations, administrativeprovisions and code for the explanations under the concept of Administrative norms.The effects of Administrative norms on civil law standard which will be discussed inthis article are in this sense when uses the conception of administrative norms.It has been discussed a lot about the juridical status of administrative norms,especially the status of administrative provisions and interpretation among domesticscholars. The debate focused mainly on the standard of source of law, and it formedtwo standards. The first type is formal standard. In this standard, the juridical status ofadministrative norms depends on the relevant provisions of the legislative act. Only inthe view that the norms of administrative regulations and rules belong to the legalsources, other normative documents do not belong to the legal standard. The secondtype is the real source of law standard, which focused more on the actual specificationof functions. In this view, other regulatory documents should also be seen as a sourceof law.Therefore, if you want to explore the normative effect of administrative norms ofcivil law, you must first make clear the legal status of norms of administrative, thencan you further illustrate the norms of civil law effect.According to Legislative Act, only administrative regulations of administrativenorms and regulations belongs to the legal norms, and other administrativespecifications including administrative provisions and administrative interpretationare excluded from the source forms. Therefore, administrative provisions andadministrative interpretation is not a source of law, nor to standardize civil law relations.From judicial interpretation,<The Supreme People’s Court on judicial referenceof provisions of the laws, regulations and other normative legal documents> and<The summary of the national quality Forum of civil cases> currently issued by theSupreme People’s Court, Administrative rules, regulations, administrative provisionsand administrative interpretation applicable in civil trials as “basis”,“applied orreferenced” and “as a magistrate’s reasoning”. This Act and the legislation on thestatus of administrative norms of sources provide a certain amount of contradiction.From the analysis of100civil case which applied administrative specification,issued by Supreme People’s Court Bulletin from1985-2011at the "refereeinstruments" and "case", we can found that the application of administrativespecification in judicial trial is general, even part administrative specification hasbeyond the limit of its "reference" or "as referee reasoning under" applying status,and plays as a legal specification. For example, some administrative specification canbe as essential elements of civil legal relationship applies in judicial trials, and toexplain some of the concept of civil law, administrative regulations, moreadministrative specification for the qualification of civil legal relations, content,validity, and civil legal relations and to eliminate requirements.Therefore, the Legislative Act and judicial interpretation of the law on status ofadministrative norms of law sources and appropriate attitudes and actual situation ofthe civil justice varied. Dating back to the civil provisions of the basic law, we canfound a lot of the civil provisions of the basic law guidelines in varying degrees to therelevant provisions of administrative regulations and administrative norms in facthave played a role of civil law origins. It makes a big threat to the origin of Chinesetraditional civil law. Our traditional civil law sources in a modern risky society shouldalso be in the form of new knowledge.However, the intervention in the field of civil law relations of administrativeregulations is bound to have significant impact on traditional principles in the field ofprivate law, the spirit. For example, in the area of private law, there are three basicprinciples:1. the inviolability of ownership,2. mandatory force of contract;3.compensation for all the damage caused by wrongful acts must be the principle. Administrative regulations, which have an impact on citizens’ privacy rights andobligations, must comply with the provisions of the basic principles in the field ofprivate law and spirit.