A Study Of Purpose Interpretation In Administrative Judgment

Purpose interpretation is one of the many methods of legal interpretation.It is a method of legal interpretation based on the purpose of the law.It can help the judge jump out of the shackles of the legal text when the law is defective.The application of the purpose interpretation in the administrative judgment including the administrative judgment and the administrative ruling has the functions of avoiding the mechanical interpretation of the law,clarifying the uncertain meaning of the legal provisions,supplementing the legal loopholes,correcting the obvious errors of the law,etc.,and achieving the effect of strengthening the Argumentation Logic in the judgment documents.This paper studies the interpretation of purpose in administrative adjudication in four parts.In the first part,"beiyanyunyi" case leads to the concept and development of the purpose interpretation,explains the relationship between the purpose interpretation and other interpretation methods,the function and effect of the application of the purpose interpretation in the administrative adjudication;the second part is to sort out the application status of the purpose interpretation in the administrative adjudication,and summarize from two aspects: the guiding case of the administrative adjudication and the typical case of the recent administrative adjudication The third part is used to analyze the problems existing in the administrative judgment,such as neglecting the application of the purpose interpretation,forcibly applying the purpose interpretation in the administrative judgment,improper identification of the legal purpose,and weak logic in the reasoning part of the judgment document.The fourth part is to explore the administrative problems The direction of improving the application of the interpretation of purpose in the judgment is to improve the application rate of the interpretation of purpose and reduce the wrong use of the interpretation of purpose in the administrative judgment.According to the current situation of application,this paper analyzes the application mode of purpose interpretation in administrative adjudication,explores the problems and improvement direction of the application of purpose interpretation in administrative adjudication,so as to make the application of purpose interpretation in administrative adjudication more legal,scientific and standardized.