On The Study Of The Criminal Judicial Interpretation In China

On the Study of the Criminal Judicial Interpretation in ChinaCriminal judicial interpretation is a unique legal concept in China; it plays a useful complementary role for the implementation of the Penal Code. However, the criminal judicial interpretation has many questions in its implementation process, which undermines the judicial authority to a certain extent. Therefore, we must regulate the criminal judicial interpretation to make it continue to play an auxiliary role to the Penal Code.At present our criminal judicial interpretation has the main problems:First, our criminal judicial interpretation doesn't have the same names, there are many organs putting in place a series of related judicial interpretations, although they are collectively referred to criminal judicial interpretations, they are not named officially, so we don't know their legal status in the whole legal system.Second, the departments promulgating the criminal judicial interpretation are confusing. Many of the criminal judicial interpretations are made by the supreme judicial organs alone or jointly, others are made by administrative departments or Legal work committee of the National People's Congress, there are many contradictions in the criminal judicial interpretations they made, which seriously damage to the seriousness of the criminal judicial interpretation.Third, our criminal judicial interpretations are overreaching. China's supreme judicial organs fill the loopholes of the criminal law without authorization by issuing the criminal judicial interpretation. In this way the criminal judicial interpretations have the functions of legislation.Fourth, formulation and legal supervision of our criminal judicial interpretations is not perfect. The formulation of our criminal judicial interpretations is not very strict due to the lack of the awareness of our people. Fifth, there are collisions between our criminal judicial interpretation and the judges' discretion. Only observing the judicial interpretation leads judges not to study the professional knowledge.The major causes of the problems mentioned above are: 1. the criminal judicial interpretation is not embodied in law, for example, it is not reflected in "Legislation Law". 2. The lack of formulation and legal supervision of our criminal judicial interpretations make it difficult to be trusted for the question of the legitimacy and the credibility of its own. 3. Judges only observe the judicial interpretation and other normative documents blindly in order to reduce their risk of judgment.I recommend some advice to resolve the above problems: 1. The rational allocation of judicial power, the Supreme Court should be issued as the only legal organ to have the right of criminal judicial interpretation, 2. Unified regulation of the form of criminal judicial interpretation. Strengthening the supervision of the criminal judicial interpretation, the public should be involved, expressing their own views of interest groups through certain channels.3.Giveing the judge discretion and requiring the judge to cite judicial interpretation to decide cases in the Court's judgments, and the reasons for the decision must be clearly and detailed stated.Finally, drawing on the case system of Anglo-American law system, the case should be introduced in the criminal judicial interpretation, for a certain plot, the verdict following the case throughout the country would make the parties have a general psychological expectations to their request for compensation and accept the verdict more peacefully.