On The Judicial Interpretation System In Modern China

As it has been adopted in the academic circles domestically, definition of judicial interpretation falls into two alternatives: applied interpretation and judicial interpretation. The former refers to a definite procedure of a trial in which judge explains applied rules on which a decision is based to parties concerned. It partially consists of the right of judgment. The latter refers to legal statement of knotty problem emerged in legal application process which was made by a certain subject. It functions as relief of legal defect. This paper will focus on the discussion of the latter issue.The current basic legal document relating to the identification of legal interpretation system is "the Resolution Concerning the Enhancing Legal Interpretation Work" issued by the Standing Committee of the National People's Congress in June 1981. In accordance with the resolution, the Supreme People's Court and the Supreme People's Procurator ate issued certain regulations concerning enacting, releasing legal interpretations respectively, in order to further standard the legal interpretation work of their own. However, the practice suggests that the reality legal interpretation work doesn't fully track the legal way. Sizing up the reasons, no doubt there are rules neglected by personnel concerned, but the main reason is the defect of the system itself which cannot fully satisfied the legal practice demand. The task of the paper is to seek an improved legal interpretation system which can satisfy both the character of the county's legal system and the demand of the legal practice through the way of constant discussion on the legal interpretation issues. It targets to strengthen the position of legal interpretation in the legal system and make the most of the legal interpretation work to the process of socialist legal state construction.