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Sociological Interpretation Of Administrative Unishmen

Posted on:2013-12-19Degree:MasterType:Thesis
Country:ChinaCandidate:L XuFull Text:PDF
GTID:2256330398465690Subject:Law
Abstract/Summary:PDF Full Text Request
According to the principle of administrative interpretation, sociology explain method as administrative interpretation method, as different from the purpose of historical explanation of interpretation. Sociological interpretation and application in the administrative punishment in, in theory can explain and other methods for arts and explain the rationality, also and administrative punishment are applicable in the administrative punishment, administrative penalty wide range of discretion of official correspondence, in practice helps to carry out administrative penalty punishment and education to the principle of combining, promote legal effect and the unity of social effect.In the administrative punishment in the applicable sociology explain has a specific steps. First sociology explanations should be within the range of the liberal arts explanation, direct interpretation appear when the plural explanation, just have the space of the explanation for sociology. Next to explain the choice of the conclusion should to all kinds of interpretation conclusions on the effect of social considerations, in consideration of the existence of the method benefit balance method and purpose it two ways. The administrative punishment in the judicial practice,"first not punishment" phenomenon which is to reflect a good explanation of the sociology case.In the administrative punishment by sociology in the explanation although can prevent the administrative punishment law enforcement of the mechanical explanation, the development of administrative interpretation methods, make administrative punishment fit the social reality, in response to the social development, but the application of sociology interpretation method also depends on the investigation of the sociology method based, administrative punishment explain method and supervision mechanism in the constraint.
Keywords/Search Tags:administrative penalty, law interpretation, sociology explain, Socialarts effect
PDF Full Text Request
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