The Judicial Review Of Agency Interpretations

According to the theoretical analysis of characteristics of judiciary andadministration，we find that if courts intend to maintain “the rule of law” and ensure theefficiency of administration， they must hold a“judge but respect” attitude. Actually，basing on an empirical analysis of90typical cases selected from the industry andcommerce field，we discover that when confront with “interpretations about agencyauthority”、“interpretations about unlawful conduct” and “interpretations about selectingrelevant statutory”.etc，Chinese courts consider the definite factors， such as agencyexpertise、social development or interests of plaintiffs in a special case. At the same time，Chinese courts are always resorting to interpretations of statutory intention、quotations ofagency policies and adoption of international regulations to attain the aim of controlling、defending、 also guiding agencies. Obviously， present judicial review of agencyinterpretations indicates a “gentle” strategy which is used by courts to fulfill betteradministration. Besides， exotic experiences reveal that once confront with agencyinterpretations，to cope with relations among legislation、administration、jurisdiction andrelations between power controlling and agency efficiency properly，courts must followdistinctive conditions in the definite case to adopt a varying-degree deference. Theexperiences in comparative law demonstrate that when we build judicial review standardsof agency interpretation in the future Chinese should pay attention to the consideration ofprocedure、basic rights which are emphasized by courts of foreign countries，and regard toconcrete adjustment with the power structure or other special conditions ofChina.Hereby,once amend the Administrative Procedure Law of the People’s Republic ofChina in the future，we ought to take our the features of Chinese constitutional structureinto account，accordingly specify courts’ authority in statutory interpretations，and establisha set of standard about judicial review of agency interpretations for sound interactive between administration and jurisdiction.