A Research On Authoritative Organ's Reply

The authoritative organ's reply (AOR) is a kind of legal official document that the authoritative organ of State Council makes to the inferior administrative departments. In China there are many AOR enforced in the administration related to various administrative affairs. Administrative interpretation is one of the main functions of AOR. The administrative departments use them as the basis of enforcement while the court doesn't respect its validity unconditionally.The paper focuses on the"replies"stipulated by State Administration for Industry & Commerce and summarizes the common situation of the application of AOR stipulated by other authoritative organs of State Council. The AOR plays a positive role in the administrative law enforcement but shortages and problems still remain in terms of the stipulation and application of AOR. The author aims to figures out solutions which are the application of Administration According to Law and supervision by the judicial review.There are three parts in the paper: Introduction, Main Body including three chapters and Concluding Remarks.Introduction shows the cause of research, the analysis object, the methods and main issue that will be discussed in the main body.In Chapter ?, the author defines the concept of AOR and indicates it belongs to non-legislative rule, so called"other regulatory documents". As administrative interpretation is the main function of AOR, the author indicates there are two kinds of sources of validity of the administrative interpretation: one has the authorization of State Council and the other not. The administrative department and the court respect the two kinds of administrative interpretation differently.In ChapterΠ, the paper verifies that the administrative interpretation in AOR has academic and practical necessity to administrative execution which is to help the administrative executive departments to complete executive reasoning and undertake their function. The administrative interpretation in AOR can declare reasons in both administrative procedure and litigation procedure. But there are problems. The major one is the violation of the principle of Administration According to Law in some AOR.In ChapterШ, the paper puts forward the suggestion to regulate the administrative interpretation in AOR. The solutions include: to strengthen the principle of Administration According to Law, to regulate the AOR from content–restriction and procedure-discipline, to strengthen the research of the interpretative principles to administrative law and to improve the judicial review. In Concluding Remarks, the author reaffirms the necessity, imperative and probability of regulation to the administrative interpretation in AOR and look forward to a better application of administrative interpretation in AOR in the light of the principle of Administration According to Law.