Administrative Interpretation Power

China's current legal interpretation system does not have the concept of administrative interpretation.The administrative interpretation prescribed is mainly an abstract administrative interpretation,but the abstract administrative interpretation is essentially a kind of legislation.This paper believes that administrative interpretation should be related to specific cases,and administrative interpretation belongs to a kind of power,because only the power of property,the decisions made by administrative law enforcement personnel can have both legal validity and deterrence,can be convinced and obeyed by administrative counterparts.Therefore,the power of administrative interpretation refers to the power of administrative law enforcement personnel to explain the meaning of legal provisions in combination with the facts of specific cases in the process of handling specific cases,and to exercise binding power on administrative counterparts.The administrative law enforcement personnel exercising the power of administrative interpretation include not only the administrative personnel who implement the administrative law enforcement actions,but also the administrative personnel who implement the administrative judicial acts.They need to explain the legal provisions and the facts of the case as well as explain the interaction between the two.Since the power of administrative interpretation needs to be combined with the facts of specific cases,it should be practical;since thepower of administrative interpretation is attached to the executive power,in order to restrain its expansion,it is therefore necessary to respect the original intent of the legal provisions;At the same time,it should also be subject to review by the judiciary,which is non-final.Although administrative law enforcement personnel should exert subjective initiative in the process of exercising administrative interpretation power,it is different from administrative discretion because administrative interpretation exists in all law-enforcement procedures of administrative law enforcement personnel,but administrative discretion mainly exists in discretionary behavior.Because of the uncertainty and ambiguity of the law,the asymmetry between facts and norms,administrative law enforcement personnel must interpret in the process of law-enforcement.In order to make the administrative decision force and deterrence to the administrative counterpart,and at the same time improve the administrative efficiency,it is necessary to give the administrative law enforcement personnel administrative interpretation.At the same time,it can be regarded as a kind of power to better regulate and restrain,and reduce the phenomenon of random interpretation.Therefore,both in theory and in practice,the power of administrative interpretation has its necessity.In the process of exercising the power of administrative interpretation,there are still many problems.Since the administrative law involves all aspects of social life,in order to make the research of the problem more specific and targeted,this paper takes the work injury identification as an example to solve the problems in the process of exercising the administrative interpretation right.This paper analyzes the contents of the administrative interpretation in the work injury identification with 48 cases of work injury identification,and finds that in the process of exercising the administrative interpretation right in the work injury identification,there are three problems,such as mainly excessively rigid meanings in the literal meaning,neglect of the legislative purpose,and lack of the rule of law.In view of the above problems,this paper puts forward some suggestions from three aspects: strengthening the principle of administrative interpretation,strengthening the thinking of the rule of law,and improving the application of legal methods.Defining the content and meaning of theprinciple of administrative interpretation has important guiding significance for the choice of administrative interpretation methods and the correct understanding of administrative legal norms,This paper believes that the exercise of the power of administrative interpretation should adhere to the principle of legislative intent,the principle of clarity,the principle of acceptability,and the principle of administrative freedom;At the same time,the administrative law enforcement personnel strengthen the rule of law thinking to achieve effective management of the society,resolve social contradictions,and on the basis of clarifying the connotation of the rule of law thinking,have the corresponding legal knowledge,deepen the legal supremacy and limit thinking;The legal method is very important for obtaining correct and appropriate administrative interpretation.The interpretation of the meaning,the interpretation of the purpose,and the interpretation of the system are of great significance for the correct understanding of the meaning of the legal provisions.