Administrative Explained

Along with the turn from the theory of legal substance to the theory of legal methodology in the filed of legal research, there is more and more concern about of the research of legal interpretation. The system of Chinese legal interpretation regards the legal interpretation as one kind of power which is then distributed among the different organs of state power. The system of distribution of powers of legal interpretation was then build on the basis of the resolution of legal interpretation passed by Standing Committee of the National People's Congress in 1981. The people generally think that the legal interpretation is necessary universally, not only in the process of the making legal clauses, but also in the process of applying legal clauses particularly . In other words, the legal interpretation exists in areas of both legislation and the legal application and involves different state functions, like legislation function, judicial function, prosecutorial function and some administrative functions. In consistent with the state functions, the system of legal interpretation in our country includes : legislative interpretation, judicial interpretation and administrative interpretation.The structure of system of legal interpretation is not balanced. The legislative interpretation is seldom applied in practice though prescribed in the law; the judicial interpretation is concerned so much in theory and in practice that the theses about judicial interpretation take up a large portion of legal theses retrieved , while the theses about the administrative interpretation take up a small portion . Compared with a large number of problems in the field of administrative interpretation, the concern about administrative interpretation is much less, which is the reason why I composed this thesis.Taking the superficial description of stipulation and fact of administration interpretation as the starting point, the thesis first makes a clear definition of administrative interpretation for convenience' sake in writing, rather than for unifying the definitions of administration interpretation. It is more important to design a concrete system than to lay down a clear definition, which is so obvious that I do not need to explain more. This thesis attaches more importance to the problems in the field of administrative interpretation, which conforms to the very aim of the thesis, that is, concerning the problems in practice to produce feasible solution...