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Research On The Application Of Systematic Interpretation In The Field Of Administrative Law

Posted on:2018-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y LiuFull Text:PDF
GTID:2336330515997146Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Administrative law is different from civil law and criminal law.It is a legal system with both substantive laws and procedural laws,and contains a lot of divisions which are not of unity in form.After years of development,the framework of administrative law system has been basically established.However,due to the diversity of the law-making bodies,the number of normative documents is very large,and the aspects involved by the norms are very wide.Normative documents made by different law-making bodies are with different levels of effectiveness and different application scopes.At the same time,administration involves all aspects of social activities,and it is closely related to people's life.Therefore,in order to keep in line with actual situations the contents of the legal norms are prone to change.As a result,when applying administrative law norms,there will be contradictions and conflicts.By coordinating among between different laws and provisions,clarifying relevant definitions,solving the conflicts and contradictions in legal application,systematic interpretation methods would promote the harmonization of administrative law system and help to maintain the unity,so systematic interpretation has great applicability in administrative law.From this point of view,the paper studies relevant issues of systematic interpretation application in administrative law.The paper is divided into six chapters and the introduction and conclusion.Through relevant discussion of administration and administrative law,the introduction part explains how it is closely related to social life and the great impacts upon social life.Chapter ? is about the formation and difficulties of administrative law system.It mainly analyzes the development history and the basic framework of the administrative law of China.Because there are still many defects,it needs the aid of systematic interpretation.Chapter ? points out the demand of administrative law norms over systematic interpretation,analyzes the concept and characteristics of systematic interpretation,and points out the significance of systematic interpretation in administrative law application.Chapter ? focuses on the current situation of systematic interpretation application in administrative litigations.It firstly introduces the basic situation of systematic interpretation application,then points out the difficulties of systematic interpretation application.Chapter IV focuses on the specific methods of systematic interpretation application,including order of systematic interpretation in law interpretation and applicable paths for systematic interpretation.Chapter V analyses the systematic interpretation rules,including rules of effectiveness followed by systematic interpretation and specific systematic interpretation rules.Chapter VI puts forward some suggestions on systematic interpretation application in administrative litigations.And finally the conclusion is the summarization of the whole paper.The author hope that it will contribute a little bit to the application of systematic interpretation in administrative law through this paper.
Keywords/Search Tags:administrative law system, systematic interpretation, legal interpretation, applicable rules
PDF Full Text Request
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