On The Subject Of Interpretation Of Administrative Law In China

The thesis considers the subject of interpretation of administrative law as the study object. According to the legal interpretation principle, the author primarily analyzes the problems about the current system, then puts forward rational arrangement about the subject of interpretation of administrative law.Under the legal interpretation system currently valid in China, the State Council and the authorities concerned serve as the main bodies to exercise the power of interpretation on administrative laws, rules and regulations. This system not only rules out the right of interpretation on the administrative law by certain specific institutions and administrators, but also exclude the right of interpretation on rules and regulations under the administrative law by the judicial organs. The system results objectively in administrative autocracy, misuse of power, decrease of control over administration by the law, and dispel of the effectiveness of justice. Therefore, it is quite necessary to optimize the system of interpretation of administrative law.The thesis is composed of four parts. In the first part, the author discusses some problems of this subject fundamentals to administrative law. In the second part, according to the overseas scholar's investigation on the subject of interpretation of administrative law, we have some profitable apocalypses. In the third part, the author primarily analyzes the subject of interpretation of administrative law, points out the problems about the current system. In the four part, the author puts forward the system design of the subject of interpretation of administrative law and considers establishing the subject of interpretation of administrative law system by administrative organ and judicial organ. It is quite necessary to set up the judicial system for examining administrative rules and regulations. And then the author points out that the subject of the justice interpretation ought to be limited within the superior people's court whose interpretations have general power and the judges whose interpretations have individual power.