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Sociological Interpretation In Administrative Litigation

Posted on:2014-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:L J WangFull Text:PDF
GTID:2246330398465275Subject:Law
Abstract/Summary:PDF Full Text Request
Interpretation of the law is the core of the application of the law, the process ofapplication law equivalent to the process of interpretation law often. Sociologicalexplanation is one of legal interpretation methods, Emphasis on the forecast of socialeffects, and emphasis on considerations of social purpose. Applied sociology explained inthe administrative proceedings, can help judge to explained the meaning of theAdministrative Law accurately; choice the applicable administrative laws and regulationscorrectly, can effect in limiting the discretion of the executive authorities to some extent,promote the improvement and development of administrative legal norms. InAdministrative Litigation, a judicial policy that unified Legal and social effects, is hiddenpractice of Sociological interpretation. Unfortunately, our academic is not very wellstudied on sociological interpretation, the judge did not master the sociological explanationcompletely, so the application of sociological explanation is not standardized. In this regard,the judge should adhere to the context in the extent possible, consider the pursuit of socialwelfare as the goal, pay attention to the application of the sociological method, dosufficient demonstration and description, In order to carry out the work of administrativejustice better, to achieve the purpose of the administrative proceedings.
Keywords/Search Tags:Administrative litigation, Sociological Interpretation, Social effects, Social welfare
PDF Full Text Request
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