Investigation And Standardization Of Administrative Judicial Interpretation Documents Of The Supreme People's Court

China is in a period of social transformation,the types and methods of administrative behavior are constantly innovating,and relevant laws are constantly being introduced,which brings new challenges to administrative trials.Since the judges do not have sufficient professional ability to deal with new and complicated litigation cases,the Supreme People's Court and its administrative courts need to issue judicial interpretations and judicial documents that are not marked as judicial interpretations to guide and regulate the administrative trial activities of the people's courts at all levels..However,the judicial interpretation production process is complicated,costly and long-term,and cannot meet the practical necessity and urgency of administrative trial activities.Therefore,the administrative judicial explanatory documents have become an important way for the Supreme People's Court to guide the application of laws,to unify the judging system,and to regulate trial behavior.However,the relevant legal norms of administrative and judicial explanatory documents have not been perfected,which makes them have problems such as unclear connotation,non-standard procedures,mixed content,and specific application confusion.Theoretical analysis and current status investigation of this normal judicial phenomenon,and dialectical analysis of the formulation and application of administrative judicial explanatory documents is an important step to make this Chinese-style interpretation technique better perform its function..Based on the judicial documents from 2000 to 2018,^?1?Firstly,it defines the connotation and extension of the administrative judicial interpretation document,and clarifies its relationship with judicial interpretation.On this basis,it discusses the legitimacy and practical necessity of the Supreme People's Court to formulate administrative and judicial explanatory documents.Secondly,from the administrative judicial interpretation The external form of the sexual document,to the substantive content of the formulation,to the specific application,etc.,to describe it in a standard way,and strive to restore its true existence by analyzing its all-round analysis from generation to application.Again,by analyzing the status quo of the administrative judicial explanatory documents,it is proposed that the administrative judicial explanatory documents lack clear legal provisions,the content is inaccurate,conflicts with the superior law,overlaps with the judicial interpretation,and even exceeds the judicial power limit,and the deviation of the practical application methods.Existing legal provisions and other issues;finally,due to the different content of administrative and judicial explanatory documents,the role of different positioning,it is impossible to carry out a package of provisions.Therefore,this paper aims to classify the administrative judicial explanatory documents by content,and separately explain the path of development of various documents so that the administrative judicial explanatory documents can be used as part of the socialist legal system with Chinese characteristics.