On The Legal Interpretation Of Administrative Law Enforcement

More than ten years later, the research on legal methodology and hermeneutics is in full swing, then some department law scholars were born to study their each law, such as civil law, criminal law and constitutional law, which are bing studied heatly and civil law interpretation, criminal law interpretation and constitution interpretation appeare. However, the research on administrative law interpretation is much less in contrast, and even no people focus on it. In administration area, administrative law enforcement is the most regular public affair management activity and the primary form of maintaining social order and protecting the rights of citizens, legal persons and other orgnizations. During these years, cases about irregular administrative law enforcement, for example, police brutalities, have often been seen printed, and caused comments. And this highlights the strong practical needs in administrative law enforcement and the lack of administrative law theory. Therfore, it is meaningful to study administrative law enforcement, which is as the main path to the application of law, and because legal interpretation is the bridge connecting abstract norms and specific cases, so the application of law cannot go without legal interpretation. So it could make up for the gap of law theory in this area to study the legal interpretation in the administrative law enforcement, regulate the administrative law enforcement, speed up the administrative legal construction process, build the service government, propel the building of the harmonious society successfully, and achieve public welfare goal the modern administration pursues.This paper will talk over the legal interpretation during the process of administrative law enforcement from the perspevtive of administrative law enforcement, five parts mainly included. First, we would discuss the meanings and features respectively and their relations through the application of law, the bridge connecting them. In my opinion, the administrative law enforcement needs legal interpretation. Second, the function are talked, and the legal interpretation of administrative law enforcement is indispensable to generate administrative law enforcement specification and regulate the administrative discretion power during the process of law enforement. Third, we will discuss the subject from the angle of specific interpretation. This paper stands that the category in the system of our present legal interpretation cannot cover the legal interpretation of administrative law enforcement, and the legal interpretation here is one in the specific application of legal interpretation, it's the process of administrative law enforcement during the process of administrative law enforcement while not abstract interpretation. This paper points out the practical character of the legal interpretation of administrative law enforcement, which focuses on the problems in the pratice of administrative law enforcement. Fourth, several issues of theory construction about the legal interpretation of administrative law enforcement are briefly talked, including the interpretation body, the procedure regulation and the effectiveness. Last, this theory will be connected to discuss the entrapment case.