The Judicial Interpretation Of Legislation Of Our Country

China’s reform and opening up, the restoration of judiciary reconstruction process, legislativework has been in progress, modernization and rapid development, has just started the legislativework a time is difficult to completely adapt to the social reality vary from minute tominute.Legislative work to begin "first thick hind fine, the first widely after finishing" approach,in the mode of legislation, law and reality cohesion problems will come.Aiming at this problem,the judicial interpretation has been widely used.In the judicial practice in China, or judicialstudies, in our country legal system not complete time and even legal system increasingly perfecttoday, judicial interpretations play a role can not be underestimate-d.Indeed, we have to admitthat the judicial interpretation in the process of legal system construction in China the importantrole and problems timely necessity, however, continued to play an important role in the judicialinterpretation at the same time, we have noticed we have relied too much on the judicialinterpretation in the judicial interpretation legislative function, whether to legislative penetrationphenomenon, even more basic point, the Supreme People’s court and the Supreme People’sProcuratorate judicial interpretation legal basis are not clear.Because the legislative technology, historical tradition, value idea, the thinking ability as wellas the judicial system and other aspects of factors, in recent years, the judicial interpretation has"extensive legislation" of the trend and become the basic mode of judicialinterpretation.Interpretive program initiative, explained the content creation and interpretationmethod of the arbitrary is the main feature of the judicial interpretation of legislation.Judicialinterpretation of the "legislation" although to a certain extent in the atonement present of the law,but not to its legitimacy and rationality, and did not achieve its perfect legal system, maintainingthe uniformity of the legal system, guide and promote social justice law enforcement theexpected target.This paper is a study of China’s judicial interpretation of the status of and suggestion, infourteen years of a large number of judicial interpretation, from quantity to form on a detailedanalysis and description, can be seen from the highest judicial authority, judicial interpretationplays a unique function, to fill the gaps and loopholes of law, maintain the legal application withthe pace of social development, to explore the legislative intent, reasonable limit the discretion of judges, to ensure judicial fairness; unified legal system, judicial uniform scale.In these plays apositive role.But the function of the judicial interpretation can not escape in a variety ofproblems in practice, appeared power of judicial interpretation beyond the legislative power, andthe principle of the modern rule of law conflict, in violation of the law to explain thefundamental characteristics; judicial interpretation can not meet the requirements of lawapplication in judicial practice, it is difficult to guarantee the accurate application of the law andso on, with the legal system is not perfect and the rule of law, a too principle; legal interpretationsystem; judicial power expansion of the need for the closely related.In the face of this situation, in order to promote the reform of the judicial system and perfect,must take corresponding measures to perfect the judicial interpretation system, should fromstrengthen legislation to solve the problem, because the legislature is indolent in exercising orinability to timely and adequate exercise its legislative power and the legislative interpretationpower lead to social reality objectively requires the presence of judicial interpretation of reality,therefore, at the same time to the urgent need to strengthen the legislative interpretation of thework; it is more important to strengthen the judicial interpretation of the perfect job, want tomake judicial interpretation of legalization, content do not expand or overall meaninginterpretation; judicial interpretation in legal principle to develop, may not exceed their authority,and may not be the legal provisions of the basic spirit against.To establish the case interpretationas the main modes of judicial interpretation judicial interpretation, weakening the abstract.Tostrengthen the judicial interpretation of the unified and normative improvement, in order toreflect the seriousness of law and uniformity.Through the judicial interpretation of the judicialsystem reform to accelerate the process of perfection.By revealing the judicial interpretation oflegislation phenomenon, further analysis of its characteristics, producing the respect such asdevelopment, the judicial interpretation of the regulation, judicial interpretation and judicialinterpretation of legislation in three aspects of legal basis.Finally, emphasize the judicialinterpretation of the reasonable scale, make it in reasonable scale, also only on this scale, betterplay a role, in order to protect our judicial complete, promote the construction of rule of law.