Examination And Studies On The Precedent-Orientation Of Judicial Interpretation

The model of "binary subjects of judicial interpretation at the same level" established by the current legislation has been debating by the academia for a long time. The judicial interpretations of Supreme People's Court have been fallen in question for their legislation -orientation by the theoretical and practical circles. Considering the defects in the current judicial interpretation, this dissertation titled as " precedent-orientation of judicial interpretation" tries to reconstruct such system. It elucidates the inherent relationship between precedents and judicial interpretation, analyzing the properness of such orientation from its necessity, feasibility and function, and puts forward the conditions of thought and system necessary for establishing the system of precedent-orientation of judicial interpretation, and some preliminary visualization for the system with respect to subjects, form, procedure, validity and supervision have been put forward in the dissertation.