A Disquisition On Criminal Judicial Interpretation Mechanism Of China

From 1990s, scholars in jurisprudence of our country start to probe into the questions of law interpretation, and then branches of law start to concern the interpretation of own branch law. In 1995, Mr.Lixihui published Theory of Criminal Judicial Interpretation, which discussed systemiclly the interpretation questions during our 1979 criminal law putting in practice, then the interpretation became being concerned in the criminal law field. After new criminal law were issued inl997, criminal judicial interpretation expanded speedily in quantity, which influenced legislation and judicature seriously. So discussion about judicial interpretation didn't quiet down but became more fiercely. Based on criminal judicial interpretation mechanism, the paper researches criminal judical interpretation. Criminal judicial interpretation mechanism means the operational mode and process of criminal judicial interpretation system. It includes directed ideologies of criminal judicial interpretation mechnism,judicial interpretaion making mechnism and applying to judicial interpretation mechanism.The article includes five chapters. At first ,Chapter one presents the traditional theory and new points of law interpretation in our country, comparing and analysing them, writer advances the concept of law interpretation in the paper which is the basis of the article dissertation. Our traditional interpretation theory thinks the law interpretation power being independent of legislative power and jurisdiction power which isn't exist in law enforcing process, and doesn't depend on specific cases fact either. So judges of lower courts are excluded from the power of judicial...