The Administrative-Oriented Legal Interpretation

The law cannot be enforced without interpreting,and the Legal interpretation is associated with the whole process of law-making and law enforcement.According to Whether it has Legal effect,legal interpretation is divided into formal interpretation and informal interpretation,formal interpretation includes legislative interpretation,judicial interpretation and administrative interpretation.Based on the role of the executor,In the process of law enforcement,there is not only the need for the judiciary to interpret the law for the sake of case justice,but also the need for the administrative organs to interpret the law and then apply the law in order to form social life and pursue social welfare.Nowadays,the applicable validity of the legal interpretation made by the supreme judicial body goes without saying that it has become the most important basis of judicial adjudication except law.In contrast,administrative organs,as the main body of interpretation,make the administrative interpretation for the application of administrative law norms,the specific application of other laws that are not in trial and procuratorial work,and the meaning of laws and regulations enacted by administrative organs,Except for the part that has the same legal effect as the object of interpretation,administrative interpretation usually has the effect of internal application of normative documents.On the whole,the effectiveness of legal application of administrative interpretation will be affected by such factors as the level of the main body of interpretation,the uncertainty of the object of interpretation,the mode of experiential investigation on interpretation and the consideration of public interest and policy for purposes of interpretation,It does not appear to be as effective as judicial interpretation.The legal interpretation is embedded in the law enforcement activities.The administrative interpretation is not only the premise of implementing the law of administrative power,but also the formal interpretation in the normative sense.It exerts the influence on the administrative law enforcement activities through the internal validity of the normative documents.In cases where law interpretation is required,once administrative law enforcement activities based on administrative norms and normative documents enter into the field of judicial review,confrontation between the legal interpretations made by different interpretation bodies will actually take shape.In practical cases,the judiciary will show a negative review and a substantive attitude toward the relevant administrative interpretations.However,the administrative interpretation can go beyond its own internal validity and become the de facto legal basis for judicial adjudication activities.For this phenomenon,this article defines it as the administrative-oriented legal interpretation.Based on the practical cases,this article chooses the special field and link of law enforcement that the judiciary and the administration jointly interpret the law,and finds out and describes the common phenomenon existing in practice in view of the relationship between the two legal interpretations.On the basis of the description,the article intends to go one step further and explore the causes behind the phenomena and the possible implications.And how to coordinate the relationship between the two legal interpretations is discussed.The full text of the main body consists of five parts,about forty thousand words.The first part: the question put forward.This part firstly introduces the background of legal interpretation in our country and points out the pattern of legal interpretation in our country.Secondly,it presents and describes the phenomenon of legal interpretation in the practice of judicial judgment through practice cases.The second part: the connotation,characteristics and producing basis of the administrative-oriented legal interpretation.It means that the judiciary will show a comprehensive affirmative and substantive attitude towards administrative interpretations.Administrative interpretation will become a de facto basis of refereeing and leading legal interpretations in judicial adjudication process.The administrative-oriented legal interpretation has such features as the approval of the department as the main form of action;the existence of sufficient space for interpretation;the abstract interpretation leading to specific interpretations,and Beyond the judicial review system to play an influential role and other characteristics.It is based on the fact that administrative interpretation as a necessary prerequisite and a potential basis in the process of law enforcement,It has the potential to have an impact in the field of judicial adjudication,which may be achieved through the Judicial review system of normative documents.The third part: the cause of the formation of administrative-oriented legal interpretation.This part analyzes and explains the reasons behind the phenomenon from the perspectives of different subjects involved in the administrative-oriented legal interpretation.Specifically,administrative interpretation as a leader,The reasons for this part include Comparative Advantage of Administrative interpretation,Administrative Will in Legal Interpretation;As being dominated,The reason of judicial aspects include Initial Respect for Administrative Interpretation,Judicial Review System of normative documents;The reasons for the legal interpretation system in our country include Legislative power of legal interpretation of the nature and universal validity,"Article itself" and "specific application" of the division in Legal Interpretation.Part IV: To explore the possible impact of administrative--oriented legal interpretation.This part inherits the previous part of the research ideas,respectively,to explore the impact of administrative--oriented legal interpretation on executive power,judicial power and legal interpretation system.Part V: Conception of coordinating the relationship between the two legal interpretations.This part takes the judicial review of normative documents as the starting point and proposes to reduce the cost of judicial review of normative documents and improve the efficiency of censorship.It also draws on extraterritorial experience and existing practices and establishes clear and differentiated censorship standards for different types of administrative interpretation.Smooth the channel from administrative interpretation to Judicial referee basis,giving full play to the positive role of administrative interpretation while supervising administrative power.