Perfecting Our Country's Explanatory System Of The Administrative Law

With the rapid development of the construction of the administrative legal system of our country, the explanation of the administrative law is becoming a great and urgent problem day by day. Without a unified statute book, administrative law is composed of numerous administrative laws, administrative regulations. The local laws and rules bring the complexity on different levels. At the same time, the law explanation of law consists of legislative explanation, administrative law explanation and judicatory explanation, which forms the divercification on explanation. Therefore, the phenomenon of conflicting and repetition between explanations can not be avoided. To set up a reasonable and scientific system of the administrative law has becomes a vital matter of immediate urgency. It has great significance to administrative organs' legislation, enforcement of laws, judicatory practice and thereotical studies.This paper is composed of the following parts: the general theories of law explanation, the connotation and basic category, the current situation and the existing problems of our administrative explanation and perfecting the explanatory system of the administrative law.The first section of this paper introduces the general theories of law explanation, which discusses the connotation, object, feature, principle and function. Through comparing the opinions of different scholars it illustrates the author's comprehension towards the concept of law explanation and focuses on the principle of it, namely the principles of law objectivity, legitimacy and rationality.The second section of this paper introduces the meaning of the explanation of administrative law and its basic category as well. Firstly, it analyzes academic area's two riftses toward this concept: the boundary question between legislation explanative and administrative explanation; the question of which is the main principle of administrative explanation and putting forward the concept of it; the illustrations made by special state administration towards the meaning of laws, regulations and rules according to the laws. Secondly, it introduces the research object of administrative explanation: namely, the explanations of administrative laws, local laws, regulations and rules made by superior administration. Finally according to three different standards it classifies the administrative explanation.The third and fourth sections of this paper are the focal points which discuss the problems existed in our country's administration explanation and solution. From the following seven aspects the third section illustrates the problems and reasons of our country's administration explanation: the identification of administrative explanation's main body; the administrative explanation and legislation; the explanatory system of the administrative law and legislative explanation; the explanatory system of the administrative law and judical explanation; the control of administrative explanation; the rules of explanation and China's entry to WTO; the forms and programs of administrative explanation. Aiming at the above problems, thefourth section illustrates the feasibility of establishing the statute book of law explanation in order to perfect the explanatory system of the administrative law according to reasonable mechanism of administrative explanation and appropriate rules.In short, administrative law has a close relationship with people's life. Perfecting the explanatory system of the administrative law has a theoretical and practical significance to the development of the construction of rules by law. So it is critical to construct our country's law explanatory statute book and regulate corresponding behaviors of law explanation.