The Research Of Legislation Trend Of Judicial Interpretation

Judicial interpretation is an important subject in legal research,and also an important part of a country's legal system.However,judicial interpretation plays an important role in the development and improvement of law,at the same time,legislation trend of judicial interpretation appears.Under the background of comprehensively promotion of the rule of law and the newly revised legislation law,whether legislation trend of judicial interpretation is legal,reasonable and necessary,and how to solve this problem,how to maximize the function of judicial interpretation in the scope of authority,is worthy of studying and thinking,which is also the research emphases of this dissertation.Firstly,the dissertation starts from the core concepts of judicial interpretation and legislation trend of judicial interpretation,and then comprehensively combs the academic achievements in studying the legislation trends of judicial interpretations and problems of judicial interpretations.Combined with shortcomings of current research results and practical problems,the dissertation points out that the research on legislation trend of judicial interpretation is urgent and necessary.Secondly,the dissertation deeply analyzes the cause of formation of judicial interpretation,dissects the position of judicial interpretation in the legal interpretation system,starting from the historical evolution of judicial interpretation,and analyzes the judgement standard of legislation trend of judicial interpretation.Then,the dissertation conducts a comprehensive empirical analysis of the external aspects such as quantity,influence,attention degree and range,as well as publishing form of judicial interpretation,and the internal aspects such as the conflicts exiting in the provisions of criminal,civil,administrative law and judicial interpretation,and attempts to fully reflect the status of legislation trend of judicial interpretation.Thirdly,the dissertation demonstrates that legislation trend of judicial interpretation not only lacks the legitimacy,but also lacks legal rationality,starting from the attribute and mutual relationship of judicial power and legislative power.Then,the dissertation expounds the causes of legislation trend of judicial interpretation,from the aspects of the limitations of legislation,the weakness of the function of legislative interpretation and the single manifestations of judicial interpretation,Finally,according to the above analysis,the dissertation studies the effective ways of solving the problem of legislation trend of judicial interpretation.The dissertation returns to the essence of functions of judicial interpretation and proposes the introduction of case guidance system,accurately grasping the legislative intent,regulating the discretion of judges,publishing the judges proof process,perfecting the clean mechanism of judicial interpretation and authorization or entrustment of judicial authority to make legal interpretation,to solve the problem of legislation trend of judicial interpretations.