Administrative law judge in the interpretation

The interpretation of administrative laws and regulations, together with the interpretation of other areas, and its function is, the law applicable to the legal provisions applicable to the case identified by the fact that norms for the content of the law Suoyu in doubt, through the interpretation of the law, so that understanding of the law applicable to determine the meaning of the law. legal interpretation of the aim is to discover, to determine the true intention of the legal norms. legal interpretation can not rigidly adhere to the literal meaning of the text articles, but should in fact explore the normative intent of legal norms, legislators to determine the use of legal language to the purpose.

Interpretation alone, the administrative trial methods of legal interpretation and legal interpretation generally similar, including literal interpretation, systematic interpretation, historical interpretation, the purpose of such interpretation and constitutional interpretation.

(A literal interpretation
Refers to the literal interpretation of text meaning of legal terms as a starting point, in general, to understand the meaning of the language used by the legal provisions on the interpretation.

In the literal interpretation, the more likely to have differences is illustrative and provided for an explanation. Legal norms for their normative issues, in general, three ways of adjusting, cited type, enumeration type plus general type, general type. Illustrative plus general provisions of law cited the short article that listed the applicable legal norms in a typical matter, used "other", the "other" to be provided for such general terms.

1, "and" outside but not on "other" in
Just from the context, the "other" word is really a polysemous word, according to <"Modern Chinese Dictionary>> interpretation of its provisions and cases cited show that the interpretation of relevant provisions of two explanations: First," said the deficiencies cited "the second is that" after the Shawei list. "former explanation is the so-called" substandard ", the latter explanation is the so-called" and the "list-type provisions in essence. Therefore, unless there are special articles that involves "such as" In principle, the provisions of said regulations should be interpreted as an example, and not interpreted as enumerated provisions. enumerate the four only the most common, others such as taxi, subway, train, also belong to the public transport tool.

2 illustrates general issues and matters can only be consistent
In the illustrative provisions, the cases show term of the temple or of any other legal matters of the type have been very clear, but general terms are often abstract, vague, uncertain, or a pretty nature, how to understand the cases show matters and general matters relationship and how to determine the broad range of issues? in law, to a Latin legal proverb interpretation by Example provides a very appropriate that "illustrates matters is not the temple of the general term does not include illustrative matter express the nature of the different issues . "In other words, the interpretation of matters of general illustrative matter should not be provided with the nature of the matter is inconsistent, only illustrative matter should be included consistent with the issues. Of course, illustrates the nature of matter, and some ports have been set out in articles However, most articles did not specify the need to understand the applicable law himself.

(B teleological interpretation
Purpose is to explain the purpose of legal norms as the basis for interpretation of an interpretation of legal doubt. The purpose of explanation lies in the value of solving conflicts between norms.

Carrying out the purpose of explanation, may limit the language of articles shrinking, it may be the language of articles expansion.

(III system explained
System refers to the interpretation of the law's position in the legal system, or with the relevant legal provisions regulate the relationship between the intention to clarify the interpretation method. The law does not regulate the terms of the independent existence of the law exists between the terms organic contact, therefore, the understanding of legal provisions, the law must be placed into a whole. Links http://www.hi138.com Research Papers Download should be noted that, during the legal interpretation should be noted, There are some exceptions to legal provisions, according to the internal logic of articles grasp the core exception is the correct understanding of the basis for the application of the provisions. exceptions often, "but the book provides" or "otherwise provided" in the form of statements, may be in the same legal provisions, may also be in different legal provisions.

(Four other interpretation
Other explanations of the more common methods of historical interpretation and constitutional interpretation. Historical interpretation, is the search for information on legislation to find out the true legislative intent of lawmakers was an interpretation. Where legislative information, including the legislative process all records, documents, such as preparing data, prepare a draft, written reasons for such legislation. constitutional interpretation is an interpretation of the law, if there are several conclusions can be avoided as long as one of the declaration of the results section of the Act unconstitutional, it should select the kind of interpretation of conclusions.

(Five different ways to explain the relationship between
Different interpretation is likely to come to different conclusions, how to make a choice between the various interpretation methods it? That is, there are all kinds of interpretation between what kind of relationship. This problem is rather complex, from the theory and practice Research point of view, a different interpretation of the bits between the teams have a certain relationship, but both voiced fixed, can not be arbitrary choice, but often there is the complementary relationship between the specific circumstances of the case requires specific analysis. In the case Select a specific interpretation generally be considered from the following aspects:
1, the literal interpretation has priority.

2, the aim is to explain the events to explain the value of guidelines, with independent value.

3, historical interpretation, systematic interpretation and other interpretation methods are often not independent, are the legal means to confirm. Links http://www.hi138.com Research Papers Download