Analysis on the Functions of Administrative Law Enforcement Interpretation in China1/ANALYSES FONCTIONNELLES SUR L'APPLIACTION DU DROIT EN CHINE

By Wu, Jin-song | Canadian Social Science, April 3, 2010 | Go to article overview

Analysis on the Functions of Administrative Law Enforcement Interpretation in China1/ANALYSES FONCTIONNELLES SUR L'APPLIACTION DU DROIT EN CHINE


Wu, Jin-song, Canadian Social Science


Abstract:

The process of administrative law's application is also the process of its interpretation. Administrative law enforcement interpretation has the functions of standardize administrative law enforcement, promote the development of the law, make up the bugs of law and other functions. These functions complement and supplement each other.

Key words: administrative law enforcement; legal interpretation; Functional Analysis

Résumé: Le processus de la pratique du droit administratif est celui de l'application du droit administratif. L'application du droit administratif a plusieurs fonctions, telles que la normalisation de l'application du droit administratif, la promotion du développement de la loi et la réparation des failles de la loi. Ces fonctions se complètent mutuellement.

Mots-Clés: application du droit administrative; interprétation juridique; analyses fonctionnelles

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The enactment of the law is to apply it. If the purpose of making the law is not to apply, then the purpose has gone, hi administrative law, because of the diversity of its source, the complex of its content and structure, and the multi-level of its application, the process of administrative law's application is very complex. The application of administrative law needs the help of interpretation to communicate the rules of the law with the facts of the case and form an effective conclusion, hi the process of applying administrative law, interpretation plays a big role in connecting rules with the facts, and the value of legal norms with the conclusion of the case. Interpretation is the basic thinking and cognitive tool for the law executors to form the conclusions. The process of administrative law's application is also the process of its interpretation. Each administrative law norms has a certain degree of abstraction, if you want to use it in concrete administrative things, you have to interpret it. Administrative law interpretation is the bridge to connect administrative law norms with its application (ZHOU You-yong, 2009).

U.S. scholars Parsons said: 'Interpretation function is the core function of the legal system. '(Legal Theory and Common Law, ed. W. Twining, 1986) Administrative law enforcement interpretation has three functions: standardize administrative law enforcement, promote the development of the law, and make up the bugs of law. It should be noted that each of these three functions are not separated and independent, but rather complement and supplement each other, these three functions are combined as an entity. In the specific practice, they focus on different aspects, but there is no essential difference.

1. STANDARDIZE ADMINISTRATIVE LAW ENFORCEMENT

1.1 To confirm the exact meaning of the provisions and regulations

If the meaning of the words and expressions used in the provisions and regulations are unknown or they may lead to different explanations, it is necessary to use interpretation method to quest and confirm their true meanings to be followed. The law does not focus on the character itself, it should be interpreted in its intrinsic meaning which may result in unreasonable conclusions. At the same time, the law is not barren theory, we should not persist in useless theory so that affect the effect of the law application (ZHANG Jia-yang & CHEN Zhi-hua, 1993). The thirteenth article of says:" The railway transportation enterprises should take effective measures to ensure good transportation service, providing boiled drinking water." It says clearly in the law" providing boiled drinking water", but it doesn't say it is free. If the meaning of the law is to provide boiled drinking water for free, they should add the word free to it. According to the context interpretation, the key word of the expression "providing boiled drinking water" is providing. …

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