Retroactive Judicial Interpretation On The Identification And Innovation

For a long time, the Supreme Court issued a judicial interpretation of legal texts follow the explanation, but in recent years, the Supreme Court’s judicial philosophy has undergone some changes, enacted a number of innovative content of judicial interpretation, therefore, judicial interpretation dating back and force should be from the reality of judicial practice, in order to protect the rights, the socialist rule of law and respect for reality as the basic principles, adhere to the tradition of judicial interpretation retroactive unswervingly absorption "effect of new cases of first instance accepted the model" rational core effectively draw on the spirit of the law is not retroactive.This article from the mountain with the judicial interpretation of the contract dispute because the issue into a retroactive ruling can not talk about embarrassment, from the judicial interpretation of the retroactive effect of the theoretical basis and retroactive effects of Appeal explained the main factors to analyze the judicial interpretation of the two retroactive effect, the theoretical basis, from the substantive criminal law, procedural law and substantive law of three face civil judicial interpretation may have retroactive effect, the empirical analysis, and a list of statistics of non-retroactivity of judicial interpretation of the case, after the commencement of judicial interpretation of New cases of first instance accepted the situation with retroactive, after the commencement of judicial interpretation is still on the first trial, second trial of the case the case with retroactive effect, in addition to the outside has been final, retroactive judicial interpretation and judicial interpretation of the situation after the abolition generated by the case of retroactive four cases. Based on this, from the nature of judicial interpretation, the judiciary and legal responsibilities of the stability of three aspects of the modern problem of judicial interpretation of the retroactive effect, then presents a judicial interpretation of the retroactive transformation of modern design:the right to insist on protection in principles of the socialist rule of law and respect for the premise of the reality principle, adhere to the tradition of judicial interpretation retroactive unswervingly absorption "effect of new cases of first instance accepted the model" rational core, limited drawing the spirit of the law is not retroactive. Also the basis for innovation from the judicial interpretation and judicial interpretation of the impact of innovation on society and the judicial interpretation of the challenges of innovation and its retroactive judicial interpretation to clarify three aspects of innovation and practical value. After argument, the following conclusions:judicial interpretation must be innovative in order to continuously meet the growing masses demand of justice, judicial interpretation of the law should be retroactive to regulate the theory of the innovative nature of a legislative judicial interpretation, that is innovative judicial explain judicial interpretation should not take effect before the act takes effect, nor should be denounced acts during the effective period after the loss of its effectiveness, so in order to coordinate the retroactive judicial interpretation of the traditional theory of the challenges facing the reality, in order to better protect the interests of the people...