On The Chief Subject Of Academic Interpretation And Judicial Review

Legal interpretation is the bridge to connect legal norm and concrete matters to apply .No legal interpretation, no effective usage of law. According to our country current legal interpretation system, Only part of state organs have the power of legislation, judicial and administrative legal interpretation, but lots of administrative law enforcement subject do not have this right. The administrative subject will face some problems that the specific meaning is not clear or how to apply in many laws and regulations when the legal interpretation of the authority has not explained in some certain legal norms or explained too much, but the administrative subject must apply legal norms in law enforcement legal norms, this moment legal norms had to be understanded to be applied by administrative subject, it is the doctrinal interpretation of the administrative subject.The doctrinal interpretation of administrative subject is the explanation that administrative subject made in the administrative activities of the law, regulations, rules and other laws and regulations applicable to the meaning and the understanding of how specific notes.At the moment the administrative autonomy legal interpretation is so much in the administrative law scholars, but very few people pay attention to and study the doctrinal interpretation of administrative subject. In view of this, this article tries to make a probe into this problem and I hope it can cause the attention and reflection on this issue.This paper will be divided into four chapters to discuss the doctrinal interpretation of administrative subject and judicial review.The first chapter: The explanation analysis of the doctrinal interpretation of the administrative subject. First, the definition of administrative doctrinal interpretation is the logical starting of research, I define the concept of legal interpretation and administrative interpretation,then define the connotation and characteristic of doctrinal interpretation.Secondly, to study and discussion, according to the different classification criteria, the doctrinal interpretation will be classified. Finally, I elaborate effectiveness of the doctrinal interpretation from the administrative law enforcement and judicial review.The second chapter: The rationality of doctrinal interpretation and existing problems. Firstly,this paper demonstrates the rationality of doctrinal interpretation from doctrinal explanation for a loophole in the law and administrative enforcement smoothly.Secondly,I expound that tthe doctrinal explanation exists to violate the law, and lack of effective supervision optional explanation, and point out the problems of incorrect interpretation destroying unity, administrative law, administrative relative legitimate rights and interests of the correct understanding of the law and the correct implementation,etc.Finally, according to the above-mentioned problems, I will further analyse the problems in judicial supervision of the doctrinal interpretation of the administrative subjectThe third chapter: The necessity of implement judicial review for the doctrinal explanation of the administrative subject .Firstly, I will introduce an overview of legal interpretation of judicial review. Secondly, the necessity of administrative subject judicial review is elaborated from the maintenance of the unification of legal system requirement, the administrative organs in accordance with the administrative supervision, needs to protect the lawful rights and interests of private party and requirements of the principle of final settlement. Finally,I will introduce the United States and Germany on the legal interpretation of judicial review to enlighten how to construct our judicial review system.The fourth chapter: Construction of the judicial review system of the doctrinal interpretation of the administrative subject. Firstly, learning the practice of the United States and Germany, in combination with the practice of the actual practice, the legitimacy principle, the rationality principle and the principle respecting for the interpretation of administrative subject will be constructed. Secondly,I will onclude the judicial review scope of doctrinal interpretation,judicial review standards,intensity of judicial review. Thirdly,according to the trait of the doctrinal interpretation and our current practices, I think that, China should adopt incidental type examination way and it is discussed in this paper. Finally, I expound the processing mode of the doctrinal interpretation of the court for judicial review.