Study On The System Of Judge's Interpretation After The Court Decision

At present, it tends to have more and more LLC (The lawsuit and the letters of complaint from the people and the calls they make to lodge complaints),which places much stress on courts at all levels. In order to curb the occurrence of LLC, the Supreme People's Court implement the SIACD(The system of judge's interpretation after the court decision). With the unremitted efforts of the Supreme People's Court, the SIACD has been adopted in the court at all levels across the country one after another pilot. Like other judicial reform measures, once implemented, it immediately aroused heated debate among people. Both voice in favor of the system and negative voice can be heard. After analyzing the historical background, the system value, the practical effectiveness and the disadvantages of the SIACD, this article points out that at present the implementation of the system is the best way to prevent and reduce LLC. Though it is hard to meet the expectation of the Supreme People's Court given the practical effectiveness of the SIACD .Obviously, it is unrealistic to pursue the ideal win-win solution in the judicial reform. What we should do now is to improve the SIACD and give full play to the role of it, rather than denying the existence value of the SIACD theoretically.This article falls into five chapters. The chapter one mainly deals with the background of the SIACD, including the concept, main characteristics and the state quo of the LLC; the influence resulting from the LLC. It points out that the LLC provides convenient means of relief for the people as well as institutionalized channels for the legalization for the supervision of judicial power. But the LLC has its adverse impact too. For example, it is incompatible with the modern rule of law and even has a negative impact on the modern concept of justice and the court's institutional mechanism, which jeopardizes the social stability on the whole. As we all know, petition is citizens' basic democratic rights. When dealing with petition resulting from lawsuit, on the one hand, we need to clear the obstruction that block the people from expressing their opinions and pursuing rights, on the other hand, we need to prevent and reduce the LLC, which gives rise to the SIACD in the end. The main purpose for the Supreme People's Court to implement the SIACD is not only to solve the problems caused by the LLC fundamentally but also to remedy its negative impact on the judicial system through the implementation of the SIACD, thus promoting justice and enhancing the credibility of the judiciary. The second chapter mainly focuses on its originality and system value. So far, the Supreme People's court has not enacted a universal standard. Chapter three is the introduction about the norms of the SIACD. It discusses the SIACD's design combined with some local court' typical regulation from the standpoint of the responsible person on file chamber from the Supreme People's Court, analyzing some main regulation, proposing suggestions for further improvement. Chapter four deals with the practical effectiveness and flaws of the SIACD. Though achieving a lot in solving the LLC, the SIACD has many undeniable shortcomings, such as placing heavier burden on the judges, breaking the judicial neutrality and making proceedings in predicament. The LLC is a complex social issue which covers a wide range of people with overwhelming political influence. It is such a huge project which can not be addressed completely just by the Court system. In one word, at present the implementation of the SIACD is the best way to prevent and reduce LLC. It is inappropriate to rashly suspect the existence value of the SIACD. The last chapter attaches attention to the improvement suggestions to the SIACD, such as enacting uniform norm of the system, coordinating it with concerning system, strengthening procedure and responsibility.