The Study Of Administrative Interpretations

Under nowadays'rule of law backgrounds, administrative interpretations are major parts of the whole administrative law's interpretative system, while they also play a relatively important role in the applications of administrative laws. However, the administrative interpretations in China have lots of defects which to some extent have been confining the applications of administrative laws effectively. Therefore, on the study of therotical fruits and institutional practices, this thesis aims at both analyse the institutions of administrative interpretations thoroughly and provide suggestions to integrate chinese administrative interprations'system as well.This thesis as a whole is consists of three parts that is the Introduction, the Main Body and the Conclusion.The Introduction includes three points. Fists put forward fours questions about the issues to be discussed; try to answer them in a hypothetical way. Second, summarizing and appraising therotical fruits and institutional practices both in China and in other countries, so as to focus on the arguments of the thesis. Third, stating the structures and methodologies; especially analyzing the latent errors due to specificly chosed methodology.The Main Boby which includes four chapters is the core of the thesis.Chapter I‘The Introduction of Administrative Interpratations'deals with some basic problems about administrative interpretations. First, on the study of modern countries'histories about administrative interpretations, proves the reasonablenesses of the institution; state the definition and categories of administrative interpretation in this thesis as well. Second, classifies administrative interpretations and discusses the forces respectively. Third, explains the principles of administrative interpretations.Chapter II‘The Values and Metholodogies of Administrative Interpretations'basing upon the relavetant knowledges of western countries'studies, aims at form systemical metholodogies relating to the feastures of administrative interpretations and also guided by specific values, so as to make good to the studies in China.Chapter III and IV constitute the institutional studies of administrative interpretations.Chapter III‘The Institutions of Administrative Interpretations-Foreign Countries'thoroughly elaborates the institutions of administrative interpretations in foreign countries, and make references to administrative interpretations in China. First, elaborating the outlines of administrative interpretations in typical countries both from continental law system and from Anglo-American law system. Second, classifing the institutions of administrative interpretations in western countries and examine them respectively thereunder. Third, discussing to what extent the western countries'experiences may influence the institutions of administrative interpretations in China, and also pointing out problems in the process of institutional transplantations.Chapter IV‘The Institutions of Administrative Interpretations-On the Reconstructions of Administrative Law Interpretative Community in China'is consists of four parts. First, examining administrative interpretations in China; finding problems and putting forward solutions. Second, taking the administrative law interpretative community as a whole, analyse the constitutionality and reasonableness of the‘1981 Resolution'. Third, distinguish interpretations of law both from legislative branch and judicial branch. Last, not only dealing with the specific interpretative institutions, but also trys to find out a reasonable model to reconstruct the administrative law interpretative community in China, through arguing the allocations of powers on administrative law interpretations.Finally, the Conclusion part of the thesis aims at stating the comtributions and restrictions of the study.