Study On The Application Sequence Of Legal Interpretation Methods In The Trial Of Administrative Difficult Cases

At present,the application sequence of the interpretation methods of civil and criminal laws proposed by the academic circle is basically the same.However,from the perspective of the legal norms based on which the judgment is made,the legal sources of administrative litigation include all kinds of legal documents,which determines the same cases.There are different degrees of differences in the effect of law application in different regions.On the contrary,the laws based on civil and criminal proceedings mainly include the Civil Code,the Criminal Law and its amendments,as well as the judicial interpretation made by the two high courts,which are far different from the administrative law according to the types and scope of laws based on.As the degree of correlation between the judgment result and the society and the degree of impact on the society,civil law pays attention to the autonomy and equality of the parties,and the disputes are mostly between individuals,while criminal law pays attention to the principle of legality of crime and punishment,and the justice and human rights protection taken into consideration can also be solved through the purpose interpretation method and the basic principles of "no express law does not stipulate a crime".However,in difficult administrative cases,one party is the administrative organ and the other party is the administrative counterpart.The final result of the case hearing will not only have a restrictive effect on the litigation subjects,but also have a potential impact on the future administrative work and credibility of the government and other administrative organs.Considering such social factors,judges need to apply sociological interpretation methods.The existing civil and criminal interpretation methods are not applicable to administrative cases.Therefore,it is necessary to establish the application sequence of legal interpretation methods applicable to the trial of administrative difficult cases.The method of legal interpretation aims to find the legal basis of a case judgment from numerous sources of administrative law through the interpretation of legal texts from different angles.It not only serves as the external proof of the main premise of legal "syllogism" and enhances the predictability,certainty and rationality of legal decisions,but also has the function of overcoming the rigidity of law and promoting the updating and perfection of legislation.Starting from the narrow sense system,legal interpretation methods can be divided into four categories and ten methods.According to the types of legal interpretation methods,they can be preliminarily divided into semantic interpretation,theoretical interpretation,comparative interpretation and sociological interpretation.According to the practical application of legal interpretation method,it can be divided into ten kinds.On the basis of maintaining the textual interpretation,comparative interpretation and sociological interpretation,the theoretical interpretation is subdivided into logic-system interpretation,historical interpretation,purpose interpretation,constitutional interpretation,expansion or limitation interpretation,natural interpretation and objection interpretation.Among various methods of legal interpretation,the academic circle selects the main method of legal interpretation and reaches a preliminary consensus on the order of application,that is,the textual interpretation takes precedence.Only when there are absolute reasons to doubt the results of semantic interpretation,the system interpretation and the purpose interpretation are considered,and the constitutionality interpretation,comparative law interpretation and sociological interpretation are considered finally.In the judicial practice,the difficulty of administrative difficult cases is manifested in different kinds of areas.Under the background of the rule of legal text,the trial of difficult administrative cases can be constructed within the framework of the legal system,whose basic principles include legality,the legal unity,the fairness and justice,the trust interest protection,the protection and restriction of citizens’ basic rights,and the unification of law and social effect.On the basis of the theory of the application of legal interpretation method in the academic circle,aiming at the characteristics of administrative doubtful cases,the rank of objective objective interpretation and sociological interpretation should be improved,so that the sociological interpretation takes precedence over the subjective objective interpretation.Meanwhile,we should also be careful to the prevention of judges’ subjective arbitrariness.We can regulate judges’ subjective value judgment and interest measurement from four aspects:the selection of comparison items,the compliance of public objectivity in value judgment,the consistent demonstration of legal system and the strengthening of reasoning obligation in judgment documents.In order to form the application sequence of legal interpretation methods suitable for the trial of administrative difficult cases,help judicial justice,and promote the integration of the rule of law country,society and government.