On The Construction Of My Country’s Administrative Litigation Interpretation Right System

The concept of interpretation right first appeared in the field of civil litigation,After the judge’s correct interpretation based on the facts of the case,one party may even "turn defeat into victory" in the process of litigation,This system is of great significance for protecting the litigation rights of the parties,realizing substantive justice and improving the efficiency of litigation.Judging from the status,throughout the administrative litigation legislation and judicial interpretations,there is a lack of systematic regulations on the right of interpretation,and there is no perfect interpretation power system.Only a small number of regions have issued the "Administrative Litigation Interpretation Rules" of a lower legal rank.In judicial practice,due to the lack of a systematic standard of interpretation power,it is difficult for judges to grasp the degree of interpretation and stick to formal neutrality,which results in dissatisfaction of one party,and the phenomenon of neglect of interpretation in practice is serious;and due to the influence of authority,there is a certain degree interpretation and over-interpretation.With the continuous deepening of the requirements for governing according to law,it is necessary to establish a system of interpretation power in the field of administrative litigation.Balance the litigation ability of the parties,maintain substantive justice,and truly realize the purpose of resolving disputes and supervising administration in administrative litigation.However,the concept of interpretation right is discussed more in the field of civil litigation,and there is less research on this issue in the field of administrative litigation.Therefore,the research on the interpretation system in the field of administrative litigation has both practical and theoretical significance.There are more than 700 relevant documents through the retrieval of the interpretation system and the right of interpretation through the CNKI database,but there are less than 20 researches on the interpretation system in the field of administrative litigation.From the perspective of research field and research object,this paper has certain innovation.Starting from the research content,it is different from the majority of papers that simply construct the system from the point of view of the principle of stipulation and interpretation.Instead,it focuses on the construction of the boundary of interpretation from the reasons and purposes of interpretation,so as to establish the system of interpretation power in my country’s administrative litigation.Through normative analysis method,comparative analysis method and literature research method and other basic jurisprudence research methods,this paper explains the basic concept and nature of interpretation,the necessity and feasibility of establishing interpretation right system in the field of administrative litigation in our country,the current situation of interpretation right,and the establishment of interpretation right system.This paper firstly clarifies the concept of the right of interpretation,and through the analysis of the right of interpretation and similar concepts,it is believed that the right of interpretation belongs to the judge’s litigation command power;By analyzing the differences between administrative litigation and civil litigation,especially the differences in case acceptance,burden of proof,and inconsistency in litigation and judgment,it is helpful to take into account the characteristics of administrative litigation while learning from the right of interpretation in civil litigation.The right of interpretation arises to make up for the drawbacks of the party-oriented litigation model,and the premise of its existence is the party-oriented litigation model.By analyzing the development and change of my country’s administrative litigation model from the power-based to the party-oriented,it discusses the feasibility of establishing an explanation system for administrative litigation.The current status of legislation and judicial status of interpretation power in administrative litigation is sorted out and analyzed,and the feasibility of constructing interpretation power system in the field of administrative litigation in our country is explored.When constructing my country’s interpretation right system,on the basis of borrowing foreign interpretation systems,in view of the lack of legislative norms in our country,the lack of principled and systematic institutional norms,and the different standards in the judicial practice process,the reasons for the emergence of the interpretation system should be clarified first.,the purpose value,and draw the conclusion that correcting the parties’ insufficient litigation ability and ascertaining the facts of the case go hand in hand,in order to provide internal logical support for the trial of the case when the legal norms are not yet systematic.In view of the two prominent problems of improper interpretation,which are common in practice,such as neglect of interpretation and excessive interpretation,from the perspective of facts to be proved and evidence collection,the purpose of the exercise of the right of interpretation is limited to protect rights and substantive justice.Boundaries include the facts in the party’s appeal,the facts that have emerged that are important to the trial of the case but not claimed by the parties,and the rights not claimed by the parties that need to be explained.In order to prevent judges from overly positive interpretation,which leads to the tendency of authoritism,or overly negative interpretation,which damages substantive justice,and deviates from the original intention of the party-oriented litigation model.After clarifying the above key issues,an administrative litigation interpretation system including interpretation principles,interpretation scope and methods,interpretation procedures and remedies for improper interpretation is constructed.It is hoped that by establishing a reasonable interpretation system,the litigation goal of "when the winner wins and when the loser loses" is achieved through "the interpretation is in place and not offside".