Demonstration Analysis On Criminal Judicial Interpretation

Judicial interpretations of China, which have a strong characteristic of native land, refers to explanatory law documents made by the supreme judicial organ with universal sanction according to the two resolutions on judicial interpretation of Standing Committee of the National People's Congress. Judicial interpretations play an important role in China's criminal nomocracy. Laws made different provisions on the subjects of judicial interpretations in different period of history. In practice, the subject of criminal judicial interpretation is in confusion. Judicial interpretations made by disqualified subjects are invalid in nomocracy society and should not be complied. Those made by qualified subjects, however, sometimes disobey criminal principles and theory. In the progress of nomocracy, it is quite important to orientate the effect of criminal judicial interpretation.Based on the author's own practice, this thesis holds that the system of criminal judicial interpretation has a few problems in its subjects, contents, forms and effects by demonstration analysis. The author considers that the system of China's judicial interpretation has intimate relationship with current politics system and power system, and judicial interpretation with China's characteristics will exist in a long time. Consequently, it is an important task of reforming and perfecting the current judicial interpretation system to push criminal nomocracy.