Classified Research Of Administrative Law's Interpretation

With the construction of China's administrative law-depth development of administrative law, the question of interpretation has become a point worthy of attention. In this paper, administrative law, be construed as research object, based on the difference of the administrative law's content and nature,the administrative law was divided into the normative interpretation and individuality, and two different types of interpretation of the classification. Normative explanation is that the executive branch has the power to interpret laws and regulations applicable norms exist in the general question of normative interpretation. The explanation of individual nature is that how the executive authorities to interpret the question of the legal norms application. Through research we found that the essence of the problem which explained normatively is the problem of how administrative law to explain the system, mainly including the grant of power to interpret the administrative law as well as the main body of administrative law to explain the interpretation of rights and mutual relations. And the essence of interpretation of the individual problem, it is the individual nature of explanation and interpretation of the relationship between judicial case is that the executive power and judicial power, the relation between the issue of China's basic political system. As the sexual difference of normative interpretation and individual interpretation of the real problem, we must classify them to research, can not be confused, which targeted leading to explain the problems of these two different types of administrative law in China, then propose advice to solution.Against the normative explanation, through research we found that the actual situation of normative interpretation does not correspond with legal provisions of the administrative system's interpretation. In reality, administrative interpretation appear the flow reveal a high to low, from the State Department to the provincial people's government to a larger city people's government to local governments and their competent authorities, eventually leading to all levels of government in an indirect manner actually a narrow interpretation of the law, which clearly provided administrative and legal system of inconsistent interpretation, and we believe that the present system of administrative law interpretation runs counter to the principle of popular sovereignty, the principle of separation of powers, rule of law principles of classical political theory based on the political and legal principle. But the metaphysics of classical political theory of modern administrative environment for the emergence of new development, and to practical problem solving asthenia. If we practice from political science, we will find that with the development of modern administration, if we are stringent control over the executive authority for the interpretation of the law, then such framework of the executive will be reeled, the demand of public services will be difficult to be met to social. Therefore, we can not stringent control over the executive power, the other hand, the executive branch of public service more requests. The existence of the current system has a rational side, because of modern administration in the new environment, the executive in order to live up to their provision of public services and management responsibilities, the conduct of a broad normative interpretation has a strong dependence, but if we strictly in accordance with classical political theory to constrain the behavior of the executive, the executive will be due to the limitations of the legislative and executive pursuit of efficiency to be trapped in dilemma. As such, we think we should allow the administrative authorities for normative interpretation, but should also be constraints, but we have to adopt a new control method, reconstruction of the explanation of administrative law's legality source.For the individual nature of explanation, the reason for classification of the administrative interpretation is that administrative law to explain the other side of issues that were referred to as the problem of "the relationship between individual interpretation and judicial case's interpretation ", its essence has gone beyond the configuration of the administrative interpretation of this issue, relating to the executive power and judicial power, the relation between the issue of China's basic political system. Administrative procedures in the application of the law do not have the finality, but also subject to judicial review, which is Bank of China's political regime and the institutional framework of the relations between the performance of judicial power, courts and administrative organs of application of the law may be a conflict, so the individual to explain the interpretation of administrative law does not have finality, and is likely to arise conflict in the interpretation and judicial cases. Most scholars believe that China's administrative law system does not require the relationship between the interpretation of individual nature of administrative law and the interpretation of judicial case, there is no clear explanation which has a higher effect, which in reality resulted in the effectiveness of the priority issues of the interpretation of individual nature of administrative law and the interpretation of judicial case. But in fact this problem has been related to the political institutional framework of the relationship and the executive power and judicial power, seems to have gone to be made by that point, but by the hole of interpretation of individual case and the interpretation of judicial case, research administrative law and judicial interpretation of individual cases of sexual interpretation the effectiveness of the priority issues in this problem area in the judiciary does not directly declare the normative interpretation of the executive authorities is invalid, but rather on individual interpretations and chose to reject it, it will not pose a challenge to China's political system, so to explore this issue We promote the perfect interpretation of China's administrative law system, a feasible path.