An Empirical Research On ’No Laws Or Administrative Regulations Have Been Enacted’

According to the judgment logic of No.5 guiding case,the Lu Wei case,published by Supreme People’s Court,if the object of ’No laws or administrative regulations have been enacted’ stated by article 15(1)of the Administrative Licensing Law Characterized as an abstract field,it belongs to the situation that ’the law and administrative regulations have been enacted’.Because of this,Provisions for creating an administrative license for industrial salt transport is unfounded in law,Article 32,Item 2 of the Measures for the Implementation of the Regulations on Salt Industry Management in Jiangsu Province.On the contrary,If it is characterized as a specific matter,it will belongs to the situation that ’the law and administrative regulations have not been enacted’.The focus of these differences is on the controversy of’domain theory’ and’issues’.However,the boundaries between ’domain’ and’issues’ are not clear,and the refinement of ’issues’ will lead to an infinite loop of ’domains’ and ’issues’.If we do not jump out of it,reinterpret Article 15,paragraph 1,of the Administrative Licensing Law,The vision of "just justice" will eventually fall into the mud of semantic relativity.’Competitive Theory’ and its improved version,the improved version of Things’ and the research path of’system theory’,both are intended to provide a path guide for the interpretation of Article 15,paragraph 1,of the Administrative Licensing Act.Summarize the above various theories,The application of the system interpretation method to the discussion of the size of the local administrati ve license is the common feature.On the basis of previous research results,this paper directly takes local legislative samples as the object of empirical research,and conducts a positive discussion on the definition standards of ’not yet enacted laws and administrative regulations’,trying to provide an effective judgment criterion for the correct understanding of ’not yet enacted laws and administrative regulations,not worthy of a specific case,with a view to being universally applicable in judicial practice.Using the method of system interpretation to explore the correct meaning of "not yet enacted laws and administrative regulations",the essence is to explore the boundary issue of the power to set local administrative licensing.For this political issue that clearly involves the decentralization of the central region,legal answers may not even completely definitively demarcate the boundaries of local creative legislative powers,but only enable legal interpretation to achieve logical self-consistency in the system of actual law.