Chinese Judicial Interpretation Of The Jurisprudence System

The main body of modern law is written law, while use of written law rely on law interpretation. It is very important to systemize the judicial interpretation when apply in law. This paper begins with the description of principle of judicial interpretation, among which provides the property and basic element of judicial interpretation. For those creative interpretation, we think it is reasonable and necessary if it is satisfied with Construction and in the scope of law permission. In the second part of this paper, it summarizes current situation of China judicial interpretation system. After establishment of new China, judicial interpretation system developed from four periods, and finalized into current system. Under the law circumstance, such system exposes a serial of defects, which include: the unit of issuing the interpretation is improper, judicial interpretation is used as law, the affection of the interpretation is unclear, etc. The paper provides some suggestions for reforming and development the law interpretation. In order to take more function in the law system, it is necessary to strengthen the position of judicial interpretation in the whole law interpretation system; The future reformation for judicial interpretation system can choose one-body one-tiered system, that is to say, authorize the Supreme People's Court as the sole body to issuejudicial interpretation; To strengthen the inspection by the Standing Committee of National People's Congress, includes to clarify the scope of judicial interpretation, assure the principle, evaluation and inspection system, and also provide relief measurements for those defect judicial interpretation; It is important to strengthen the Chinese case law, and make it to become the supplement of judicial interpretation; Pay more attention to the function which law theory and social comment engaged for judicial interpretation. In the last, the paper makes a simple result, it strengthens that the law performance need to rely on law interpretation, as the development of systemized judicial interpretation, i t w ill fasten the step of judicial system in our country.