Research On Status Of The Supreme People's Court's Judicial Interpretation In Source Of Law

The legal interpretation system of our country contains legislative interpretation and specific application interpretation, the specific application interpretation contains the judicial interpretation and the administrative interpretation. The judicial interpretation of the Supreme People's Court belongs to the specific application interpretation, it always be a very important trial standard during the exercise of the People's court after it appeared. To the Supreme People's Court's judicial interpretation, there is still much controversy on weather it is the source of law. Many scholars don't admit the judicial interpretation is one source of law, because the judicial interpretation has no legal support and invades the legislative. However, the judicial interpretation not only has the legal support and also has much rationality. It has always played an very important part in the reality as one sources of law.The article is divided into five sections. The first section is to pose the question. The judicial interpretation is a kind of phenomena with Chinese characteristic, our country's judicial interpretation is made by the central judicial office according to the law, and it has universal force defects, restricting every People's Court. There're still many disputes on the judicial interpretation's status of source of law, and this is an very big question must to be solved urgently.The second section is to elaborate the development of the judicial interpretation as one source of law. After the People's Republic of China established, the development of the judicial interpretation went through three stages, from rough to even perfect, being admitted by the legislature, from clinging to the law to independent, and it can be cited in the judgment independently.The third section is to prove that the judicial interpretation is one formal source of the law. There still have many arguments on the judicial interpretation as one sources of law and the nature of the judicial interpretation. The writer considers the judicial interpretation is one source of law, and it is a supplementary part of law. The judicial interpretation as a source of law has definite legal ground:the Resolution made by the Standing Committee of the National People's Congress, the Organization Law of the People's Court, the Supervision Law made by the Standing Committee of the National People's Congress. Beside these, some internal files of the People's Court also formulate the judicial interpretation. The judicial interpretation not only has the legal ground but also plays an important part in reuniting the applying of law and creates rules between the crack of the legal rules. So the judicial interpretation is legal and reasonable. Since the judicial interpretation is one source of law in the reality, there must have conflicts and choices in the application of law in the trial.The forth section needs to solve the judicial interpretation's force rate in the all sources of law, exactly is, how to cooperate the judicial interpretation with the other formal source of law and informal source of law. Our country's formal source of law contains Constitution, law, legal interpretation, judicial interpretation, administrative rules, local laws and regulations, international treaty and so on. We should give the judicial interpretation a right position in all sources of law. The informal source of law is a supplementary to the formal source of law, it can be used only in the position that there are no law, law interpretation and judicial interpretation.There should be a legislation regulating the judicial interpretation as a real source of law. The legislation should contain the competence and extent of the judicial interpretation, and then built the judicial interpretation's authority in the trial. We should Carry on effective revision and regulation to the questions with the judicial interpretation, guaranteed that the judicial interpretation takes a valid status in the legal framework as one source of law, so the unnecessary dispute can be reduced. Next, the People's Court should exercise the judicial authority legally and independently, and also they can chose and apply the law independently.