Theory Of Problems Existing In The Field Of Judicial Interpretation In Our Country And The Countermeasures

The ever-changing society, the law is relatively stable. How to adjust rapidlychanging society with a relatively stable legal?This is a pair of inherent contradictionsand reconcile this contradiction significant role in promoting the rule of law in China.Judicial interpretation is an important way to reconcile this contradiction. Judicialinterpretation is to enjoy the jurisdiction of organization or individual, lawsencountered in the case proceedings, the Act applies to judicial effectiveness of law offact made to understand and explain. The system of judicial interpretation has playedan important role in the process of economic and social development, but with thedevelopment of society, the judicial interpretation of the drawbacks of more and moreprominent.The judicial interpretation of legislative, judicial interpretation of the mainconfusion, low openness of a serious impact on the construction of the rule of law, wehave reason to explore the research from a practical and theoretically. This article isfrom the judicial practice to talk about.This article is divided into three parts:The first part introduces judicial interpretation of the meaning, characteristicsand functions, so that people in general have an understanding of judicialinterpretation.The second part of China is now the problems in the field of judicialinterpretation, in order to make people aware of the drawbacks of the system ofjudicial interpretation of our laws play an important role to have to improve thesituation.The third part of the problem of judicial interpretation, put forward their ownsuggestions for improvement. And strengthen legislative interpretation, strengthen thejudicial system and enhance the status and role of precedents，to better improve thesystem of judicial interpretation.