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Research On The Reform Of The Supreme People's Court's Judicial Interpretation System

Posted on:2007-08-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y F LiFull Text:PDF
GTID:2166360185457446Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The issues on judicial interpretation are universal in civil law countries, and the essential reason is the inherent limitations of abstract statute. Because human's cognitive ability is finite and the society is continuously developing, statute impossibly supplies perfect answers for every question, judicial interpretation is an important method to offset and correct statute. The abstract judicial interpretative provisions have all the flaws of statute, so it can't effectively offset them. Because of the differences between human cognitive angle and ability, the same issue often educes different conclusions. For unifying people's ideas and vindicating legal authority, it is necessary to authorize an authoritative judicial interpretative role."National People's Congress Standing Committee's Resolution on Strengthening the Legal Interpretation"promulgated in 1981 established legislative interpretation, judicial interpretation, administrative interpretation and interpretation of local laws ,based on which the authorized institutions got the respective legal interpretation. There are two authorities in judicial field, the Supreme People's Court and The Supreme People's Procuratorate, whose legal interpretations are called"judicial interpretation".The thesis introduces the evolution and the status quo of the judicial interpretation system of the Supreme People's Court. Firstly, the thesis introduces the background of the Supreme People's Court's judicial interpretation system through introducing Chinese legal interpretative legislation. Because the judicial interpretation isn't ruled by"Constitution", the thesis comes down it to the authority of the supreme legislature. Secondly,...
Keywords/Search Tags:Interpretation
PDF Full Text Request
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