Research On China's Judicial Interpretation Of The Criminal Law

The Judicial interpretation has been playing an important role in China's judicial practice. But some problems still exist in the judicial interpretation, such as violating the legislative power, and running counter to the principle of that all criminal behavior is made so by statute.The judicial interpretation is the explanation of the criminal law application in the criminal procedure made by the legal judicial organs, including the following characteristics: legality, restriction, universality, abstraction and interpreting procedure.The criminal judicial interpretation is restricted by the principle that all criminal behavior is made so by statute, while it is independent in some way. To resolve the problems of the criminal judicial interpretation, the following measures should be taken into consideration:Firstly, Strictly abide by the principle that all criminal behavior is made so by statute. Secondly, Improve the supervisory mechanism of the criminal judicial interpretation. Thirdly, Strictly follow the procedure of the criminal judicial interpretation. Finally, Attach more importance to the procedure value.