A Study On The Standardization Of Judicial Interpretation Of The Supreme People 's Court

Judicial interpretation is the process of resolving those ambiguities and deciding how a particular law will apply in a particular case. A law will be internally consistent by judicial interpretation. However, the supreme court always try to determine whether there is some ambiguity in the words of the law. It should be noted that the supreme court strengthen its influence by judicial interpretation. The courts should choose the interpretation when there are are ambiguous and change in the law.Generally speaking,there are four stages in the development of judicial interpretation. (1) the start-up and a low development stage. It is from 1949 to 1956. (2) the anemic growth stage. It is from 1957 to 1966, namely from the Anti-Rightist Struggle to the "Cultural Revolution". (3) The stagnation stage. It started from the "Cultural Revolution" to the fall of "Gang of Four". (4) the rapid development period. It is from 1977 to now, especially after the Third Plenary Session. Initially, the number the judicial interpretation is too rare to arouse people’s attention. Later, the number become more and more. And now, not only the number but also the scope develop greatly with increasing reach.With the development of the democracy and the legal system, the judicial interpretation become more and more standardized. But there is more work still to do. Two reasons for these are usually side effects of retrospectives of law and lack of recognition of normalization of law.This is very random in the judicial interpretation which includes name, form and validity in terms of time. The long-term lack of the standard procedure causes that judicial power is greater than legislative power. Moreover, the method of judicial interpretation is defective. For example, literal interpretation of the words in the law is objective, but the process includes emotion and instinct. Moreover, there have been some problems with the purpose of judicial interpretation which can not be solved in time. The majority of the judge can not be in direct conversation with the law-maker. Judicial interpretation can not be completely ruled out the authority of law. Although judicial interpretation can get the fact straightforward, we can not ensure that the interpretation is the right result. Furthermore, the authentication and removing methods of the judicial interpretation are inadequate.From the. judicial interpretation perspective, the one undisputed fact:supreme courts interpret law. We can improve the judicial interpretation from more than one angle. When the supreme court interpret the law, the supreme court needs to accomplish the following things. Fist, the supreme court independently exercise power. Second, the procedure is normalized, open and legal. Third, the form, name and manufacturing requirements are standard. Fourth, the interpretation should specify the validity in terms of time. Fifth, the interpretation should include the opinion of constitution. Finally, the supreme court should use various methods of judicial interpretation to avoid sentimental interpretation. To make few mistakes, we should monitor the process of judicial interpretation. For instance, the judicial interpretation should be filed at law-maker as soon as it is passed in order that it can be effectively supervised. To perfect the record supervising system of the judicial interpretation and safeguard unity of a country under the rule of law. The Forty Meeting of the Tenth National People’s Congress revised and passed "Regulations for review procedures" In fact, the establishment of the record supervising system of the judicial interpretation will help to improve vetting mechanisms and solve the conflicts among the different legal norms.