Legislative History Interpretation In American Administrative Law

As one sort of the statutory interpretation method, legislative interpretation was often applied in juridical practice of The Federal Supreme Court. This article attempt to construct the basic frame of the theory and practice of American legislative history in administrative law, determines the research scope of this study and the research, summarize the development of American legislative history, Analysis the focus of the issue, and finally combined with China’s judicial practice to explore implications for China. But relevent researches about American or Chinese legislative interpretation in our country was still not enough. Most of the books and literature which introduces legislative interpretation were only about the conceptioryarely about the cases and theoretical analysis.The first chapter attempts to clarify three issues:what is the legislative interpretation? Which kinds of form and material are the legislative interpretation in adopted to? Consequently, clearing the way for the interpretation of the legislative history of the United States.With the development and perfection of the judicial system, the courts changes their attitude from started to use the legislative history interpretation to fully deference to legislative history interpretation and distinguishing the different situations of the interpretation of the legislative history. Of course accompanied by some contrary judgment, opposition and controversy in each process. But in general, after more than two century court for legislative history the attitude will also become more mature, whether the legislative history use the continuous refinement, to distinguish between different situations in different cases. In the second part, the legislative history explanation were separated into three periods:legislation prehistory, respect Shiffrin, Scalia and new text era.Chevron case has far-reaching influence in American administrative law, and has become one of the most hot topic in judges, academics, aggency officials, and even ordinary citizens. Although the Supreme Court just to clarify the existing methods of judicial review. For many years, people focus on is whether Congress should solve their own directly or for administrative agencies? In order to explore the law of the court for a clear answer what is the first step of Cheron case? The court applied to resources how radical? Should be substantial expressly against Cheron case?Should the court use the legislative history to resolve the uncertainty of the meaning of the text and to deny the value of Schaefer’s respect for the forest? The third part of the article describes the operation of the court, the administrative organ, the three powers of the Congress, and the reality and dilemma faced in this issue.The fourth part includes four parts:the rule of law, the separation of powers, the nondelegation authorization, regulating nation, we discussing the development theory and, trying to pointed out these ideas and legislative interpretation in the history of the relationship, and opposition of explanation is in the past to influence, attempts to reveal the role of the theoretical basis of the change of the judicial practice in the United States the legislative history interpretation.After reviewing the development of the history and the framework of the interpretation of the legislative history in United States, the fifth part of the article will combine the history of the United States legislation with the practice of China.Although China’s overall situation and national conditions are very different from the United States, the development of the interpretation of the history of the U.S. legislative history has provided us with a reference value and which remind that it can not be ignored.