On The Interpretation System Of Administrative Litigation

Interpretation is not only an important administrative litigation system,but also an important research topic neglected by the Administrative law circle.The provisions of the current law on interpretation only have the framework,the head type and the principle,practical operability is not strong and the judicial practice understanding is not unified,the interpretation chaos is clustered.Therefore,taking the administrative litigation interpretation system as the research object has both important academic value and great practical significance.In view of this,through the basic legal research methods such as empirical research method and literature analysis method,the paper studies the basic concepts,legitimacy foundation,current situation,problems and how to improve the administrative litigation,and draws a series of conclusions.The interpretation of administrative litigation with its specific connotation and extension is a judicial obligation of the court,which is different from administrative interpretation and administrative litigation guidance.For the object of interpretation,accepting interpretation is a right of action.Therefore,there is no legal binding force for the object of interpretation,but it is mandatory for the subject of interpretation.Based on the double attribute of interpretation,when there is a case of improper interpretation,the party can exercise the right to remedy,and the court regards whether it belongs to the procedure or the procedural violation to give corresponding "correction" or retrial.The introduction of interpretation system in administrative litigation has a solid basis of legitimacy: the change of litigation mode of functional doctrine and the establishment of debate principle in administrative litigation provide a prerequisite;Moreover,the substantive equality of the parties,the emphasis on the concept of protection of litigation rights and the pursuit of fair value make the interpretation necessary;In addition,the realization of the purpose of administrative litigation and the implementation of the right to hear claims depend on interpretation.By examining the extraterritorial administrative litigation interpretation system,the positive revelation are that the subject should be clear and specific,that the object of interpretation is not limited to the parties,the way of interpretation can be diversified and the content of the explanation is broad;The revelation can be obtained by clarifying that there should be a clear definition of the limits of interpretation and the legal effects of interpretation.Therefore,in improving the administrative litigation system in China,the judges,collegial panel members and sole members of the court should be clarified on the basis of legitimacy,appropriateness,neutrality,efficiency and the true meaning of the parties.The judges and the courts act as the subject of interpretation;it is clear that the object of interpretation in the general case should be the parties to the case and other participants in the proceedings,and it should include the public in certain circumstances.It should adhere to the principle of written explanation as the principle,combining oral and telephone,and other forms of interpretation.At the same time,it should divide three different interpretation ways of inform,description and explanation and increase the three new ways of ask,prompt and suggestion.In addition,the principle criteria for the scope of interpretation include preventing assault referees,removing the obstruction of the parties' litigation rights,eliminating adverse effects on the parties,and affecting the substantive resolution of administrative disputes.Under this principle,Administrative litigation law can expand the interpretation of litigation matters such as adverse consequences and professional legal terms.Bright.Moreover,in the content of the explanation,the general standard can be formulated around the nature and purpose of the interpretation.Finally,the limits should be framed to at least detect the true intentions of the parties,and ultimately achieve the ultimate goal of “when the winner wins the case and the loser loses the case”.