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On The Administative Organs' Obligation Of Interpretation Of The Application Of Law

Posted on:2020-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ZhengFull Text:PDF
GTID:2416330623464982Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
It is an objective fact that administrative organs need to interpret the law when applying the law in the practice of law enforcement.The interpretation of the application of law is not only the power but also the obligation of administrative organs.However,in order to prevent the arbitrary interpretation of administrative organs,resulting in the abuse of the right of interpretation,we need to conduct an in-depth study on the law of the interpretation obligation of the application of law of administrative organs,so as to propose regulation methods and promote the formation of reasonable and compliant interpretation of the application of law.This paper is made up of three parts: introduction,text and conclusion.The introduction is about the background of case material selection,this study's purpose and significance,the case acquisition channels,and the explanation of relevant issues.The significance of this study is mainly to provide rules and method guidance for administrative organs to interpret laws.The basic method of this study is to combine theory with practice,and discuss the practical cases handled,discussed and investigated by the author with theoretical analysis.The text of this paper is divided into four chapters.The first chapter presents the problem.Through empirical analysis,the author points out that the existence of the interpretation of the application of law by administrative organs is an objective need,and the absence of the obligation of interpretation of the application of law has produced many adverse effects in the practice of law enforcement.Chapter two is the source of the obligation of the administrative organ to interpret the application of law.The third chapter is the content of the obligation of administrative organs to interpret the application of law,including the use of administrative normative documents to interpret the law,the interpretation of the discretionary basis in the application of law,and the formulation of guidelines for law enforcement to guide the application of law.The fourth chapter is about the supervision of the obligation of interpretation of the application of law of administrative organs,discusses the supervision mode and practice bottleneck of the obligation of interpretation of the application of law of administrative organs,and the perfect way of the supervision of the obligation of interpretation of the application of law of administrative organs.In the conclusion part,the author makes a brief summary of the viewpoint of the whole paper.
Keywords/Search Tags:The obligation to interpret the application of law of administrative organs, administrative normative documents and judicial review
PDF Full Text Request
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