Research On Criminal Law Judicial Interpretation

Judicial interpretation has been playing an important role in China' s judicial practice, but there still exist some problems in it, such as violating legislative power, and running counter to the principle of all criminal behaviors made by statue.The judicial interpretation is an explanation of the application of criminal law in criminal procedure made by the legal judicial organs, which is characterized by legality, restriction, universality, abstraction and strictness.The content of judicial interpretation should not be limited to the interpretation of criminal law norms. Furthermore, judicial interpretation involves not only a literal interpretation of the text but providing a reasonable solution. The norms of criminal law only provide the legal basis for criminal justice instead of all its content in which the facts of the case should also be included.As to the standards of judicial interpretation, different explanation views have caused different explanation standards. There are "Subjective Interpretation", "Objective Interpret- ation", and "Synthetic Interpretation". Each standard has its limits. The writer prefers the second one. Meanwhile, the process of judicial interpretation should be guided by the principles of self-discipline and predictability.The system of judicial interpretation in China is dualistic and first-class, which means only Supreme People' s Count and Supreme People' s Procuratorate car. make the interpretation. In the last part, the author tries to discuss the deficiency of the judicial interpretation in criminal law. The author thinks the following things should be done: (1) Strictly abide by the principle that all criminal behaviors is made so by statute; (2) Improve the supervisory mechanism of the criminal judicial interpretation; (3)Strictly follow the procedure of the criminal judicial interpretation; (4)Attach more importance to the procedure value; (5)to strengthen the legislation and the legislation explanation promptly; (6)to unify the form of the judicial interpretation of the criminal law; (7) to make the judicial interpretation of the criminal law known to the public.