论行政执法中法律解释的主体

The study on the legal interpretation subject in the processes of administrative law enforcement

行政执法中的法律解释主体是行政执法中解释规则研究的首要、基本问题。源于对行政执法的概念与范畴的争议,我国行政法学界在此问题上尚未达成共识。本文以澄清行政执法的概念为基础,从行政执法与行政权的特征、法律解释的功能、规范行政裁量权的必要性三个层面进行分析,认为在行政执法过程中具体的执法者应当作为享有法律解释权的主体,并应以此为基础,在未来建立符合我国国情的行政执法中的法律解释规则。

Legal interpretation subject is the prime and fundamental issue in the study to interpretative rules in the process of administrative law enforcement. Due to the controversies on both the concept and scope of administrative law enforcement,there has not yet been a common view in Chinese administrative academic circle. Basing on clarifying the concept of administrative law enforcement,this article analyzes three aspects such as the characters of both administrative law enforcement and administrative powers,the functions of legal interpretation,and the necessity to normalize the administrative discretionary power. It concludes that specific administrative law enforcer shall be empowered as the legal interpretative subject in the process of administrative law enforcement. Based on this study,the interpretative rules in the process of administrative law enforcement according to China national conditions should be built up in future.