Dissertation
Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law

Discussion of Application of Law and Interpretation of Law in the Administrative Trial

Author YuKaiXian
Tutor LiuYi
School Southwest University of Political Science
Course Legal
Keywords Administrative trials Application of law Interpretation of law Medicines
CLC D925.3
Type Master's thesis
Year 2011
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Hearing administrative cases by the People’s Court, which means reviewing the legality of administrative acts, Ascertaining the facts of the case and application of the law of the specific administrative acts .at last, should apply the rule of law to make a judgment. In this paper, we use a specific administrative punishment case as Source material. In the specific administrative punishment acts cases, we analysis of the depute of the basic facts and the law application between administrative organizations and the administrative relative person. That is say the people’s court for the specific administrative acts relates to how to apply the law to the facts of the case is the key of judicial review. The first and second people’s court in the trial of the specific administrative acts, holding different views of the applicant of law and finds the facts. And the conclusions also different. By introducing specific cases, this dissertation will elaborate the application of law in administrative trials in accordance with the law, administrative rules and valid regulations; when the application of laws, administrative regulations and rules are not good reference that Determination of the legality of administrative acts, the administrative organizations often apply the regulations below the other normative documents to find the facts of the case and as the legal basis of administration. the people’s court in the legality reviews trial should apply the other normative documents ,as long as the other normative documents and the law、regulations in the original intention of legislation and the basic spirit of law were consistence. When the laws and regulations not clearly defined, such other normative documents in the administrative trial plays an irreplaceable role. In the process of the application of administrative law, The people’s court how to interpretation of law correctly is one of the important contents of the administrative trial . In the administrative trial, regarding the interpretation of statute, judges are often adopted the literal interpretation. By interpreting the usually means of the statues, as a basis of application of laws and finds the facts of the case. But when the law relating to the specialized means, should use their professional means priority. Judges in the judicial practice often use of interpretation to explain laws, through the logical explanation (the purpose of law interpretation),to determine the law was designed correctly, which can make it conform to the actual social life. In this case, how to interpret and understand the " medicines " which as a provisions of the law is the key point, is also the key of application of law. On the process of judge’s interpretation of status, we should make the legal effect consist with the social effect. Through reasonable interpretation of the status, so as to correctly apply law and rules, and make a legitimate judgment.

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