Research On The Solution Of Conflicts Between Administrative Regulations And The Judicial Interpretation Of The Supreme Court

With the development and progress of all aspects of society,local governments will also introduce relevant administrative regulations in the corresponding fields to regulate the development of the industry.The judiciary plays the role of supervisor and referee in the society.The judicial interpretation issued by the Supreme People’s Court is also regulating the public order and good customs of different industries.Due to the partial overlap between the two management areas,there will be inconsistencies between the administrative regulations and the judicial interpretations on the same issue,especially the administrative results and the trial results.Although in practice,in the face of such problems,the judgment is based on the judicial interpretation of the Supreme Court,but because the people’s court and the administrative organ belong to different organizations,the conflict between the two is difficult to resolve afterwards.This article starts with the general theory of administrative regulations and judicial interpretation(the judicial interpretation discussed below refers only to the interpretation of the Supreme Court),and attempts to design a set of conflicts by discussing the current reality of the two and combining solutions with similar problems.Solution mechanism.This paper mainly discusses the conflict between administrative regulations and judicial interpretation from four parts.The first part is mainly to ask questions,first introduce specific cases and explain the case in detail;secondly,through the data statistics and data analysis methods of the case,the proportion of conflict cases in all cases is obtained;finally,the administrative regulations and the highest people are considered.The court judicial interpretation of the problems caused by the conflict.The second part mainly introduces the general rules of administrative regulations and judicial interpretation of the Supreme Court.It hopes to analyze the theoretical status quo of administrative regulations and judicial interpretation,find out the common theoretical basis of conflict resolution between the two,and pave the way for the design of the conflict resolution mechanism..The third part mainly analyzes the conflicts between the administrative regulations and the judicial interpretation of the Supreme Court.Firstly,it analyzes the application status of the administrative regulations under the judicial supervision and the judicial interpretation of the Supreme Court,including the actual situation of the judicial interpretation of the people’s courts,the reality of the application of government regulations by the people’s courts,and the fact that the administrative rules of the people’s courts have not changed after the final judgment.Secondly,it analyzes the reasons for the conflicts between administrative regulations and judicial interpretations,including the reasons for the dualization of the subject,the overlapping of powers,and the complexity of the case itself.Furthermore,the existing legal system The infeasibility of judicial interpretation of conflicts was discussed.Finally,the necessity of resolving the conflicts between administrative regulations and judicial interpretations was analyzed.The main reasons were the advantages and disadvantages.From the perspective of profit,conflict resolution is beneficial to judicial resources.The savings and the improvement of the government’s credibility are also important ways to solve the problem of many people in the people’s courts.From the perspective of malpractice,the conflict between administrative regulations and judicial interpretation is not conducive to improving the legislative gap,not conducive to promoting the rule of law,and more Conflicts can also jeopardize the rights of administrative counterparts.The fourth part is mainly to envisage the administrative regulations and the conflict resolution mechanism of the judicial interpretation of the Supreme People’s Court,and to design a specific solution mechanism.Firstly,it analyzes and draws on the similar problems in the current law.Secondly,it designs the administrative regulations and the Supreme Court judicial interpretation conflict resolution solution,which mainly includes the conflict prevention mechanism,the conflict resolution mechanism,and the ex post evaluation mechanism.Finally,the administrative regulations and the Supreme Court The feasibility of judicial interpretation of the conflict resolution mechanism was analyzed.