The Study On The Judicial Deference To The Administrative Interpretation In American Courts

In the first half of the 20 th century,the seed of judicial deference principle has existed in the United States,which began to prevail in administrative jurisprudential circle of Western Europe.So far,the judicial authorities all over the world have shown respect for the executive authorities in varying degrees,and it is particularly prosperous in its birthplace—common law system countries.Judicial deference reflects the game situation between the judicial power and administrative power on the power allocation.The foreign administrative jurisprudential circle had done a lot of research on the judicial deference,but our research on judicial deference is relatively little.This article is divided into three parts to,and the contents of every part are as follows:The first chapter begins with the analysis of the administrative interpretation based on its concept,form and necessity,and then transfers to the judicial deference of American courts for administrative interpretation.Then,the basic questions of judicial deference is summarized from the theoretical point of view.First,the meaning of judicial deference is stated.Secondly,the theoretical and realistic basis of judicial deference are analyzed,including the theory of decentralization and balance,the theory of regulatory state,democratic idea and counter-majoritarian problem and the advantages of modern administration.The second chapter is mainly based on the cases related to judicial deference.Through the analysis of cases of Skidmore v.Swift & Co,Chevron U.S.A.Inc.V.NRDC,United States v.Mead,etc.,the important problems involving the case,judicial deference are introduced from micro to macro so as to have a holistic grasp about the historical evolution of judicial deference.Its charm cannot be easily demonstrated by only one mode such as Skidmore deference standard or Chevron deference standard.After Chevron's two-step standard is established,then the development of cases make judgments more diversified,as to whether to give judicial deference tor the extent of judicial deference.As for the attitude of administrative interpretation and judicial deference in United States,the standard based on case analysis of multiple factors will undoubtedly become the development trend.The third chapter analyzes the relationship between the judicial power and the administrative power: from the unity of the power,the independence to the judicial power supervising the executive power.It points out that behind the judicial deference is the game between judicial power and administrative power.And then the article focuses on discussing that we not only adhere to the supervision and control of judicial power to the executive power based on the principle of judicial respect,but also we should ensure that the executive power can be effectively played and the relationship between the two sides should be balanced.On the basis of summing up the main contents of the article,the development vein of judicial deference is clearly shown.We can see that the relationship between judicial power and executive power is the key to judicial respect and the good use of judicial respect principle is related to grasping the balanced relationship between judicial power and administrative power.