Analysis On The Configuration Of The Power Of Judicial Interpretation

In our country，the judicial interpretation can be said to be with Chinesecharacteristicsis a legal phenomenon，As the link between the legislation principle andoperability of judicial practice, it plays an important role in judicial practice, the sameof importance on the trial of the case。Its core content----the configuration of thepower of judicial interpretation, is more of the key to be the legality and rationality ofjudicial interpretation.Paying close attention to the problem that how to configure thepower of judicial interpretation has been theoretical and judicial practice. In thecurrent, Configuration of the power of judicial interpretation in China is differentfrom abroad, mainly in the court or judge in foreign countries, While in China, inaccordance with “the organic law of the people’s court”, in1981,the standingcommittee of the National People’s Congreess“issued by the legal interpretation workon strengthening the resloution” and other relevant provisions, The power of judicialinterpretation configuration to the Supreme People’s Court and Supreme People’sProcuratorate to exercise together, The unique of the configuration is the foundationof its historical development, At the same time, certain extent this configuration, playsan important role in the China’s judicial practice, made the case can be judged in time,also complement the delay of legislative, but with the development of society,andthe innovation of legal concept, the unique configuration also exposed the existenceof many unreasonable, such as legislation basis of the power of judicial interpretation;the configuration in China also has some problems, This article has given theanalysis mainly the question which from the main body, authority and forms threeaspects existed, in the main,is appropriation of the Supreme People’s Procuratorate asour country’s a mainstay of the power of the judicial interpretation? Is appropriationof empowerment the judges case judicial interpretation in the current our countryjudicial environment? in the authority, existence of violations of the right to judicialinterpretation of legislative power; in the forms,"reply" exist questions. I reflect theseproblems seriously, and accordingly has made perfect recommendations, for thereformof China’s configuration of the power of judicial interpretation to providecertain reference.