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“法律的实施以解释过程为前提”[1],我国的行政法与行政诉讼法起步较晚,理论研究也不如民商、刑事法深入。现行行政法律没有赋予法官裁判解释权,实践中法官们却在行使着这样的权利,学术界的观点也褒贬不一。为了更好地将行政法律规范运用于具体的司法实践中,实现司法的公平正义,我们可以引进国外成功的经验并结合我国的现实国情,重新构造法律制度,赋予裁判解释权在我国行政法治的土壤上以青春的活力。
“The implementation of law to explain the process as a precondition,” [1], China’s Administrative Law and Administrative Procedure Law started late, theoretical research is not as good as civil and commercial, criminal law in-depth. The current administrative law does not give judges the power to interpret the judgments. In practice, judges exercise such rights, and academic opinions are mixed. In order to better apply the norms of administrative law to specific judicial practice and to realize justice and justice in the judiciary, we can introduce the successful experiences of other countries and reconstruct the legal system in light of the reality of our country, Soil with youthful vitality.