| As a link between the criminal law and the feasibility of judicial practice, the judicial interpretation of criminal law has played a vital role in the progress of our country's criminal rule of law. With the social reforming, the degree of rule by law has been deepened with each passing day, the judicial function has been increasingly strengthened, and the positive and negative side of the judicial interpretation have also been revealed as the time passes by. The correct understanding and the reasonable utilization of judicial interpretation have great significance to carry out our country's rule of law. Based on the demonstration analysis of judicial interpretation, This paper discusses many problems caused by nowadays judicial interpretation which combined with a lot of theoretical probe, so as to provide suggestions and references for the perfection and the consummation of our country's judicial interpretation of criminal system.The paper is divided into three parts:In the first part, based on the comprehensive comparison of different opinions of domestic scholars about judicial interpretation of criminal law,"Legislation Law" and the related stipulation of "Resolution of strengthening legal interpretation work" of the Standing Committee of the National People's Congress in 1981, the paper comes to a conclusion that the concept of judicial interpretation of criminal law is the universally effective elaboration and explanation to the concrete application of the law in judicial work by the supreme People's court and province class court according to the legal jurisdiction and the legal procedure. The paper also points out that judicial interpretation of criminal law has the characteristics of integrity, materiality, openness, strictness.In the second part, the paper makes it certain that judicial interpretation of criminal law has played a very important role in overcoming the limitation of the rules of criminal law and instructing the application of criminal law. But it also has many deficiencies indeed. Based on a great number of demonstration analysis, this article has pointed out the insufficiency and flaw of judicial interpretation of criminal law. The form insufficiency refers to the multiplication of the explanation subject, the initiative of explanation procedure, the capriciousness of explanation form and the conflict between the explanations made by the Supreme People's Court and the Supreme People's Procurator. The form insufficiency also brought the substantive flaw, such as the deviation from the Principle of a Legally Prescribed Punishment for a Specified Crime, the tendency of judicial interpretation legislation and the limitation of judge's subjective initiative and disadvantage to protect defendants profits and so on.In the third part, Based on the above analyzes of the insufficiency and flaw of our country's judicial interpretation of criminal law, this part puts forward several suggestions to consummate our country's judicial interpretation of criminal law. It also make the judicial interpretation system can both incarnate the fair and just spirit of criminal law and also has realistic feasibility. It includes: The judicial interpretation should follow the Principle of a Legally Prescribed Punishment for a Specified Crime; promoting the harmony between Legislation interpretation and judicial interpretation. To give the judge free discretion appropriately; The supreme Legislation organ should Strengthens their supervision power to judicial interpretation.; Puts into place the criminal interpretation system in which Supreme People's Court plays a leading role in judicial interpretation; Values the function of theoretical explanation in judicial interpretation; and so on. I hope that this paper will do some good for the consummation and the progress of criminal legislation and that it will enhance the level and the quality of judicial interpretation. I also hope it will be useful to promote the correct judicature and to realize judicial fairness.
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