With Regard To The Conflicts Of The Civil Judicial Interpretation Of Civil Legislation

With the rapid development of the global economy and the fast changing of the social life, the written law cannot regulate the people's activity accurately and properly. The thousands judiciary interpretation have to be made by the court during the trial to modify and developer the law, which caused the conflict of the law-making and the judiciary.Based on the conflict of the issue mentioned above, I try to find out the various performances of the conflict and pay more attention especially to the function of the conflict by examining the written law and the interpretations. I also found out the cause of the conflict under china's legal environment and worked out the solution to this problem. The only way to solve this problem is to give a proper position of the judiciary interpretation, that means the case law system must be established and the judges must be given enough power to make laws, only in that way can the case law system play its great role in china's legalizing process.