Legal Analysis Of Judicial Interpretation And The Rule Of Law Envisaged

The judicial interpretation is a proposition with important theories value and practical meaning in realm of jurisprudence. It is a necessary and important means for the judge in applying to law. It is an important part of judicial power. With the rapid change of society, the degree of ruling by law advanced every day, and the judicial function enhanced continuously, the function of judicial interpretation as the means for the judge to applying to law, that is more and more outstanding. So it will have progressive significant for correctly comprehending judicial interpretation and reasonably using judicial interpretation to press the judicial reform and realize the purpose of rule by law. The Chinese judicial interpretation, because of the ancient clan system grade idea and the thought of the "imperatorial power highest" and the influence of the current system, lacks the organism contact with concrete case law application. And the judicial interpretation separate alienation performance as a kind of independent power with judicial power, not the means to conducting and realizing the purpose of law application. The text is on one hand, adopt the method of comparative study and the method of historical study to analyze the evolution of history and present condition of judicial interpretation in China and the west two major law system. On the other hand, adopt the analytic method to analyze the present condition of judicial interpretation in China. Proceeding the research for the hot and controversial questions of judicial interpretation from the academic angle to deepen the understanding in judicial interpretation. At last, the author puts forward to the imaginings of perfecting the Chinese judicial interpretation. This text is fixed attention on judicial reform and the construction of ruling by law in China, points out that judicial interpretation is not a kind of power, but a necessary for applying to law. It is the concrete embodiment that the judicature carries to do. Within the scope of jurisdictional power area, the judicial interpretation more appears as a right that widespread possess with the judge and judicial organ, not as the power broken by the tallest judicial organ. The author proposes to perfect the Chinese judicial interpretation from three aspects, that is rectifying external power relations, improving power interior structure and rebuilding traditional power. The aim is to full play to the judicial interpretation farthest and accelerate the construction of ruling by law.