On The Power Of Judicial Interpretation

The power of judicial interpretation,is an important part of judicial power,and it's configuration is reasonable or not,is directly related to the realization of judicial:function and effect.At present,law and civil law countries will give the court the exercise of judicial power,judicial power, the power of judicial interpretation as a means of course,natural to the court or judge in the face of the exercise of cases.China's judicial system and the configuration of the power of judicial interpretation of the unique, the people's courts and the judiciary is treated as a People's Procuratorate, the power of judicial interpretation at the sametime allocated to the Supreme People's Court and the Supreme People's Procuratorate jointly exercise.Running practice shows that this configuration of our,country, resulting in the exercise of judicial power to interpret the process often resulted in more problems,some suspected of violations of legislative power,legislative interpretation,and some are even suspected unconstitutional.I solve the problem with the attitude of the power of judicial interpretation of the issues discussed,in the hope of building our country's constitutional process,the configuration for the reform of the power of judicial interpretation to provide a reference.Thesis is divided into five parts:the first part is the power of judicial interpretation to resolve the issue of the basic theory.The specific contents of:the basic concept of the power of judicial interpretation,the reality of the power of judicial interpretation have motivation,the power of judicial interpretation and legislative interpretation,the distinction between the executive power of interpretation.The second part discusses the vision of the Constitution under the power of judicial interpretation.The specific content that is:the constitution of the meaning of judicial power,judicial power to interpret the Constitution based on the foundation and the Constitution.The third part discusses the configuration of the power of judicial interpretation and the validity of analysis.The specific contents as follows:China's judicial system and the legitimacy of the power to interpret the analysis power of interpretation of the foreign jurisdiction and the legitimacy of configuration analysis, configuration of our country to reflect on the power of judicial interpretation.Part IV of our current operation of the power of judicial interpretation of the situation of non-standard review.The specific content is:to explain the main aspects of the manner in which the issue of interpretation and interpretation of the scope of the problem.The fifth part of the solution to the problems.The specific content is:to improve the situation of China's exercise of judicial power of interpretation should not uphold the principles of norms,improve the power of judicial interpretation of China's system of non-standard idea of the exercise.