[DOWNLOAD] "Analysis on the Functions of Administrative Law Enforcement Interpretation in China/ Analyses Fonctionnelles Sur L'appliaction Du Droit en Chine" by Jin-song Wu # eBook PDF Kindle ePub Free
eBook details
- Title: Analysis on the Functions of Administrative Law Enforcement Interpretation in China/ Analyses Fonctionnelles Sur L'appliaction Du Droit en Chine
- Author : Jin-song Wu
- Release Date : January 30, 2010
- Genre: Social Science,Books,Nonfiction,
- Pages : * pages
- Size : 90 KB
Description
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. In 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. In 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.