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Literal Interpretation of Administrative Litigation

Author: YeHui
Tutor: ShangGuanZuoLiang
School: Suzhou University
Course: Legal
Keywords: Administrative proceedings Applicable Law legal interpretation literal interpretation priority
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 43
Quote: 0
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Abstract


Interpretation of the law is the prerequisite for application of the law in administrative litigation activities, if not to interpret the provisions of the law,the law would not apply。Literal interpretation methods of legal interpretation,as many a member of the process in the interpretation of legal texts, plays a very important role,often arranged jurists in the legal interpretation of the first。The context interpretation is strictly in accordance with the literal meaning of legal norms and legal context of the commonly used method to interpret the legal interpretation of legal provisions。It has a strict compliance with the context, remove the arbitrary interpretation of the main,to avoid the influence of other factors such characteristics。Carried out in the administrative proceedings literal interpretation, you can clear the specific meaning of administrative law norms, expanding the scope of administrative litigation,and help protect the lawful rights and interests of the administrative counterpart to promote the administrative organs according to law,to ensure the correct implementation of administrative law。The current practice of administrative litigation in China, the literal interpretation has begun to play a role, but there is no clear explanation of the main, the priority of literal interpretation and other issues have not been respected。Proposed law gives the judge the law as soon as possible interpretation and practice, in administrative proceedings to ensure that the priority of literal interpretation of the position。

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law
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