On The Form Of Administrative Interpretation

In 1981,the Standing Committee of the National People's Congress promulgated the Resolution on Strengthening Legal Interpretation(here in after referred to as Resolution 1981),which established a legal interpretation system led by the Standing Committee of the National People's Congress by distribution of legal interpretation power in different state organs.Resolution 1981 stipulated that the State Council and its competent authorities interpret the specific application of other laws or decrees that are not part of the trial or procuratorial work.Which established China's administrative interpretation system.This paper discusses the forms of administrative interpretation from the perspective of administrative interpretation,through a research of the legal basis and objects of administrative interpretation.Chapter 1 will discuss the form and characteristics of legal interpretation system in China,considering that this system is led by legislative interpretation.Then it discusses the legal basis of administrative interpretation.The administrative interpretation is stipulated by the following provisions:article 89 of Constitution of People's Republic of China,which rules the function of the State Council,the provisions relating to the power to make administrative regulations and its forms in Legislation Law of the People's Republic of China,the provisions in Resolution 1981 that authorize the State Council and its competent authorities to explain the specific application of law.Chapter 2 will discuss the subjects and objects of administrative interpretation,considering that the state council and its competent authorities are the sole subject of administrative interpretation,the understanding of the application of law by other administrative agencies cannot be treated as an administrative interpretation.Other administrative agencies should request the State Council and its competent authorities to make the administrative interpretation when they are in need.The objects of administrative interpretation could only be the legal texts and legal provisions,and they should relate to the administrative functions.Legal provisions for judicial interpretation are prohibited to be administratively interoperated.Chapter 3 will discuss the abstract administrative interpretation,there are administrative interpretation and specific administrative interpretation as two forms of administrative interpretation.Abstract administrative interpretation is the main form and it is the basis of administrative actions.Abstract administrative interpretation can be divided into two types:legislative abstract administrative interpretation and administrative orders and instructions as administrative interpretation.Chapter 4 will discuss specific administrative interpretation.State Council and its competent authorities reply to the submission of the lower administrative authorities,which forms the specific administrative interpretation.The subjects of specific administrative interpretation could only be the State Council and its competent authorities.Responsive administrative interpretations are applicable when administrative agencies who submit the request for interpretation,are in need to make a specific administrative actions or administrative decisions.Responsive administrative interpretations also impose binding force on specific administrative actions or administrative decisions that need to be made later.