Research On Judge's Interpretation Rights In The Administrative Litigation

Judge 's interpretation rights was first mentioned and researched in the field of civil litigation. But a large number of interpretation activities are in the judicial practice of administrative litigation. Especially after the promulgated of the latest "Administrative Procedural Law", judge's interpretation rights get more attention in the field of administrative litigation. However, at the moment, the relevant laws and regulations do not have a more systematic and detailed explanation of the interpretation rights. If we want to make the interpretation rights exercised standardized, it is not only necessary to define the meaning and the nature of judge's interpretation rights, the furthered regulation in terms of the content of the interpretation, the principle and the stage of the exercise, and the relief mechanism are needed as well.In addition to the introduction, this article includes four parts:The introduction part mainly introduces the production of judge's interpretation rights and the legitimacy of its existence.The first part is the general theory of judge's interpretation rights. The judge's interpretation right is a duty. Its contents include the interpretation of the law and facts. In the course of administrative proceedings, the judge does not use the claim of the parties when exercising the right of interpretation. Explanatory patterns include both negative and positive explanations. The exercise of Judge 's interpretation rights has an important role in making up the litigation capacity of the parties, preventing the raid trial, promoting the discovery of the truth as much as possible, and improving the efficiency of litigation.The second part analyzes the status quo of the right of interpretation and its existence.From the point of view of legal and judicial interpretation, the stipulation of judge's interpretation rights is too simple in our country. The exercise of the right is overall low,but showing an upward trend. In our country, the higher the court level, the higher the right to exercise the right. The main object of the interpretation right is the plaintiff. In our administrative litigation, the judge has the problem of knowing the nature of the judge's interpretation rights. The law is too narrow for the scope of the exercise. And there is no restriction on the limits of exercise and the corresponding relief mechanism.The third part is the study of the judge's interpretation rights outside the domain. It mainly introduces the system of administrative litigation judges in Germany, Japan and Taiwan.Compared with our country, the legal system of the overseas judges is more perfect, which can provide a new perspective for the perfection of the administrative litigation judge.The last part is the standardization of the judge's interpretation rights in our administrative litigation. The last part is the standardization of the right of interpretation of judges in our administrative litigation. This part mainly combines the problems of the judge's right in the administrative litigation of our country, and puts forward the corresponding normative suggestion. Regulate the content and exercise stage of the right.The exercise of the right of interpretation shall be carried out within the limits of legality,neutrality, necessity and moderation. Improve the relief mechanism under the circumstances of improper explanation.