| Judicial explanation exists in most countries in the word. Based on various reasons, legislative defects is difficult to avoid, and the backward produced judicial explanation. But in front of the defects of legislation, not all of the shortcomings can simply rely on judicial interpretations to solve,some of them can only improved by legislate. If the jurisdiction over-rides came into this field, not only undermine the authority of legislation,but also destroy the uniformity of the legal system and the social justice. It can not be denied that this phenomenon caused by many reasons,just like uncultured technology of legislate, imperfectJudicial system, incompetent judge and different of values,so this phenomenon is inevitable. But just as one scholar said, these reasons cannot justify its justification and rationality.So we should analyze the theory of the phenomenon.Only in this way,we could reacquaint the status of judicial organs,and make the judicial interpretation play its proper role.The main content of this topic is divided into five parts:Part One: Introduce the historical evolution in China. The development of the judicial interpretation is the process of the problem became more and more serious. Based on these presentation, I will further introduce This various performance of the phenomenon. Thus define the concept of the problemPreliminary.Part Two: The reasons of this phenomenon is multifaceted.This part includes the theory aspect and practice aspect. Before introduce its illegality,we should admit its inevitability, and analysis the problem objectively.Part Three:There are further explanation in this part. The legislative change of the Judicial interpretation is illegal. It sparked a series of problems in judicial practice process. This part includes the illegality from aspect of theory and the system of organization.Part Four:In this part, put forward a series of measures to solve the problem.Part Five: This section is a summary based on the discussion of the above. |
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