Reconstruction Of The Judicial Interpretation Of Criminal Law System In China

In view of the new problems appearing in the process of the enforcement of the revised Criminal Law, the National Congress, Supreme People's Court and Supreme People's Procuratorate have put forward a series of legislative and judicial interpretation since 1997, providing scientific basis for properly enforcing the criminal law. However the ambiguous division and disorder between legislative and judicial interpretation have resulted in the confusion of the judicial practice. In the academic circles, even if the researchers have already come to make a study on these problems and have made some progress, the achievements are so small compared to that in the aspects of making judgment of crime in the sub-criminal law and they even prevents the further reform of judicial system. In consideration of these problems, this essay focuses on re-constituting the judicial interpretation system of Chinese Criminal Law.The main content of the essay consists of six parts:Part one Introduction; this part shows a brief definition of some items assisting the understanding of the essay.Part two The outline of the judicial interpretation system of Chinese Criminal Law. This part is mainly about the rearrangement of the existing state of the judicial interpretation of our country and the conclusion of the features of the judicial interpretation system.Part three The problems in the existing judicial interpretation system of criminal law. This part makes a detailed illustration of the existing problems of the judicial interpretation system.Part four Analyses of the problems of judicial interpretation of our country. This part focuses on the further analysis of the side-effects of the judicial interpretation in the aspects of the uncertainty of legal versions, the standardization of judicial...