Legal Interpretation Of Public Policy Considerations

In the financial crisis social background, the supreme people's court issued a series of judicial interpretation files, closely around the central committee to actively respond to the financial crisis policies. The supreme people's court proposed "social effect", through judicial interpretation to public policy, and further becomes the judicial referee process. In the legal interpretation process, policy considerations significantly increased, the first reason is that there are irreconcilable conflict between comparatively social reality and normal legal, and flexibility, spatio-temporal public policy just can reduce the risk of social transition; secondly, the law has inherent inadequacy, policies and laws have the same value orientation, just as freedom, justice, and order. So in the comparatively social reality, public policy is becoming legal interpretation of "background norm" or the object of explanation. So legal interpretation except transfer between "facts and legal ",still need between "legal and policy".However, public policy is not like expected, based on its own inherent shortage and the implementation of the poor, it will often cause unexpected risk, named " policy rally" phenomenon. The public policy risk is probably through the legal applicable process further spread to the whole society, not only damage the judicial independence and impartiality, but also lack law belief.all these would bring threats and damage to the legal construction.Therefore, the invasion of public policy should be limited to prevent the risk. The author takes the legal interpretation methods path, attempts to point out that policy standard should base on the principle standard, respect the rule of law and the values of fairness and justice. Only in this way, the policy and the law would reach "overlap consensus", prevent public policy risk occur and spread. Ultimately you can get the best legal interpretation effect, achieve "legal effect and social effect unified".