On China's Procuratorial Explained

Procuratorial interpretation is one of the important components of judicial interpretation of our country, protecting the socialist modernization of our country, contributing a lot in setting up the socialist legal system with distinct Chinese characteristics when the Making law lags behind. But there are some problems at the same time. For example, the sponsors of interpretation are in confusion;the interpretation are not clear and concrete enough;the phenomenon that legislative domain has been invaded occurs;there is a constant conflict with judge interpretation;the openness of the interpretation is not enough. A lot of scholars have put up various views to perfect procuratorial interpretation of our country.The author thinks procuratorial interpretation exists as one social being for a long time in our country. It is improper to totally repudiate rashly. According to judicial tradition and concrete conditions of our country, it is also improper to imitate western country too totally. Though there are lots of questions in judicial practice which can be overcome of course, we should accurate objection of procuratorial interpretation, stand in system further, serve for socialist construction, including perfecting the way of realizing procuratorial interpretation, improving the making levels of procuratorial interpretation, founding the checking system of justice interpretation and supervision system. Because of above-mentioned views, the author gentle to write this with his judicial practice according to his theory study.