The Analysis Of The Chinese Criminal Law Judicial Interpretation System And Its Perfection

The criminal law severity(involves the deprivation of civil liberty and even life right)and finality (the last defense line of legal order), decide the importance of the concentrated exercise of criminal judicial interpretation power. The concentrated exercise of the judicial interpretation power maintains the function of safeguarding human rights, the implementation crime punishment legal principle. It has significant legislative and judicial meaning to our country. However, it does not mean the judicial interpretation system of our country is perfect; the Chinese judicial interpretation has many problems at the moment. They can be interpreted as: the chaoticity of explained main body, the contradiction of the efficiency of the explain power between court and procuratorates, The suitable explanation level for judges is relatively low, the chaoticity of the for of explanation, the dislocation of the role of explanation, the unclearity of explanation effectiveness; furthermore, lack of the essential surveillance, and so on. These non-standard judicial interpretations of criminal law have affected its rigorousness and legality, and therefore affect the effectiveness of its legal function. I think the solution is to reconstruct the criminal law judicial interpretation system. Currently the criminal law judicial interpretation pattern of our country is the dual-core single-level system, namely, the explanation main body is the Supreme Court and Supreme Procuratorate. I think procuratoriates may not be the explanation main body of criminal law judicial interpretation. Firstly, in the effectiveness of criminal explanation, the explanation of criminal law from procuratoriates have no binding force to courts; secondly, in the main body of the criminal explanation, the procuratoriates belong to the appeal institutions, which is at the opposition position to the accused person; thereby, its exercise of criminal explanation may be disadvantageous to the accused person to protect his/her rights. Then, I think we can entrust the judicial organization and the judicial personnel the suitable judicial interpretation jurisdiction for addressing the above problems. Because our country is vast in territory, different places may have different situations; then in full consideration of all the situations, entrust the judicial organization with criminal law judicial interpretation power may solve the contradiction between legal rule and the realistic condition. Moreover, judges connect the criminal law standard and the specific cases, no matter people admit the judicial interpretation power to judges; objectively, they are actually existed and occurred. Therefore, according to the present situation of our country, criminal judicial interpretation system needs to be reformed in single-core multi-level system.