| Study on issues concerning judicial interpretation is of crucial meaning to the further study of issues concerning legal interpretation, and is very important for rationalizing the relations among various legal interpretation subjects of our country and establishing scientific and reasonable legal interpretation, and at the same time, it will play a promoting role in accelerating the advancement of judicial reform and raising the status and social prestige of judges. In most countries, legal interpretation always means the interpretation to the law by judges without the so-called judicial interpretation, which leads that the legal interpretation is exactly the same to judicial interpretation and the two can be replaceable for each other. While in China, the judicial interpretation is specified by law, as is a unique product of China. The subjects of judicial interpretation are the Supreme People's Court and the Supreme People's Procuratorate, which has been stipulated from The Resolution about Reinforcing the Legal Interpretation issued by the Standing Committee of National People's Congress in 1981 to The Organic Law of the People's Courts of the People's Republic of China and The Organic Law of the People's Procuratorate of the People's Republic of China.The current situation and improvement suggestions of judicial interpretation in China are studied in the thesis, which has been analyzed and explained in details from its quantity and form on the basis of a great many judicial interpretation over the 14 years. It can be observed that judicial interpretations of the supreme judicial authority plays a unique and active function in the following aspects:filling up the spaces and loopholes of the law, maintaining the synchronism of law application with social development, pursuing the original intention of legislation, making the rational constraints on discretion power of judges, ensuring the judicial justice, unifying the legal system, unifying the judicial scale. However, the functions of judicial interpretation also fail to avoid the various problems existing in practice, showing up judicial interpretation power has surpassed the legislative power, conflicted with the principle of modern rule of law, violated the fundamental feature of legal interpretation; the judicial interpretation can not meet the requirements of applicable law in judicial practice, it is difficult to grantee the preciseness of applicable law, etc, which are closely associated with such factors as imperfection and clumsiness of legal system, rather principled, impacts of legal interpretation system and needs from power expanding of judicial authority, etc.Facing the situation, in order to encourage the reform and improvement of judicial system, the corresponding measures must be adopted to improve the judicial interpretation system from the perspective of strengthening the legislative system for resolving problems, when the legislative body has neglected of exercising or failed to exercise the legislative power and legislative power of interpretation, it will lead to social reality that needs the judicial interpretation on the aspect of objective social reality, which is crying for the strengthening of legislative interpretation work; what's more, improving measures to judicial interpretation should be strengthened, judicial interpretation should be made legalized, while, the expanding or interpretation of the whole meaning on content will not be made; the judicial interpretation should be drawn up under the legitimate principle, not surpass its own function and power and not violate the basic spirit of legal provisions. Set up a judicial interpretation mode with individual interpretation as main body and weaken the abstract judicial interpretation, strengthen the uniformity and normative improvement of judicial interpretation on the form to reflect the seriousness and uniformity of law. It is used to speed up the progress of the reform of judicial system through improving judicial interpretation.
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