Research On Setting Up Interpretation Institution In Adminsrtrative Proceedings Field In China

As a substantive action command power, interpretation is a judicialpower of a judge. Although it was produced in civil litigation, it also canplay an important role in the administrative proceedings. Therefore, it isnecessary to make a research on it. With the pattern of administrativeproceedings gradually transforming from the initial super powers doctrinemode into inquisitorial model, the judge no longer plays the leading role inthe process. Instead, by given the power of interpretation, the judge canhelp achieve substantive hearing justice, judges avoid raids, efficiency ofthe proceedings, and can help the parties to grasp the initiative in thelitigation process. Although we can hardly find the interpretation litigationin the administrative proceedings legislation, in practice it is very commonseeing judges using interpretation. This phenomenon shows the problemthat there is no appropriate regulation about the interpretation. In this wayit is necessary to study how to create a system of interpretation inAdministrative Proceedings.The first chapter discusses several topics related to interpretation inthe administrative proceedings. In the first section, I try defining theconcept of interpretation by comparing relative regulation in differentcountries. Then compare this concept with two other similar conceptswhich are authority of command in litigation and power of lawinterpretation. In the second section, I define the nature of interpretationon the base of analyzing different theories. In the third section, thestandard of classification and the different types of interpretation aremainly discussed. Last, I mainly analyze the characteristic ofinterpretation in the administrative proceedings. The second chapter discusses the current situation in theinterpretation right of administrative proceedings and the possibility andnecessity of the establishment of the system. The first part mainly analysesthe current situation in litigation and judicial aspect. In detail, there arerarely regulations concerning interpretation. And there are many problemsshowing in the process of performing interpretation. The above situationshows that China’s administrative proceedings require interpretation rightsystem. Section II discusses the necessity of establishing interpretationinstitution in the administrative proceedings. The necessity ofinterpretation right system was established in China’s administrativeproceedings. The first part analyzes the premise interpretation rightsystem.The second part describes the process of change throughadministrative litigation model in China. Based on the above analysis, wecan come to the conclusion that there is enough space for establishinginterpretation institution in the administrative proceedings. Section IIIdescribes the necessity of establishing interpretation institution inadministrative proceedings from four aspects. First, it can help preventjudges raid referee; Second, it has the ability of making a balance betweenthe parties litigation; Third, the judge may facilitate coordination ofnormative acts of reconciliation beneficial action settlement systemfunction really play; fourth, it is conducive to the achievement of realparties to accept the outcome of litigation.On the basis of the foregoing analysis, the final chapter focuses onhow to establish interpretation of administrative proceedings in the system.In details, this chapter mainly designs the interpretation institution fromfollowing six aspects. The first is the basic principles of this institution.The second is the different performing ways. The third is the limits whenjudges perform interpretation. The fourth is the situations when judgeshave to perform interpretation. The fifth is different stages of performinginterpretation. The last is the result of impropriate interpretation and therelative relief measures.