Research On Standardized Operation Of The Power Of Judicial Interpretation Of Criminal Law

The power of judicial interpretation of criminal law, refers to the power ofstatutory judicial organizations elaborate criminal norms in judicial or prosecutorialwork on the specific application of criminal law issues, which is an important part ofnational jurisdiction，and have statutory main body of the exercise of power,mode-specific of the exercise of power, both passive and initiative, and theuniversality of the effect of power. Because of the existence of the Inherentcontradictions between the stability of the law and social situation,the SupremePeople’s Court and Supreme People’s Procuratorate need to develop a large number ofjudicial interpretations of criminal law, in order to adapt to the development of the oflife economic and society, and to meet the needs of the criminal justice practice, thejudicial interpretation of criminal law to be generated within the vivid result of theoperation is that the power of judicial interpretation of criminal law, and judicialinterpretation of criminal law is the ultimate manifestation of the operation of thejudicial interpretation of criminal law. Constantly pushing forward the process of ruleof law in China, the status and role of the power of judicial interpretation criminal lawdo gradually improve and further enhanced in judicial practice. The one hand, thepower of judicial interpretation of criminal law to overcome the abstraction of theprovisions of the penal code and fuzziness, maintaining the stability of the penal codeto adapt to the economic-society development has an important role; On the otherhand,there iis of great significance to prohibit abuse of criminal discretion, to ensurethe unity of the legal system. However, owing to the conflicting interests between themain power and powers inherently expansionary various factors, led to being manydifficulties in the operation of the power of judicial interpretation of criminal law.First of all, main exercises of the power of judicial interpretation of criminal law areconfusion, result in main exercises of the power of judicial interpretation arediversification, the executive, the highest judicial body with a business sector andlocal judiciary continue to erode the power of judicial interpretation of criminal law;Secondly, the operational procedures of the power of the judicial interpretation ofcriminal law is weakening, the highest judicial organ customs rules for the operationof powerof, contrary to the principle of due process. the operation of power is concealed, contrary to the openness of the democratic principle; Again, the operationof the power of criminal law judicial interpretation deteriorate, goes against the basicprinciples of criminal law, and continue to invade legislation the area of the right;Finally, how to deal with it when the operation of the judicial interpretation ofcriminal law suffered the aforementioned predicament. China has established a thecorresponding penal judicial interpretation operational oversight mechanisms, fromthe point of view of the current relevant laws and regulations, but it is notcomprehensive enough, perfect, and even some effective mechanism of supervisionwas shelved, lead to the exercise of power of judicial interpretation of criminal lawmore with unscrupulous.Therefore, we must study theoretically, to find the bestsolutions to achieve standardization of the operation of the power of judicialinterpretation of criminal law: first, regulating the operation of the main body of thepower of judicial interpretation of criminal law,to prohibit no right to interpret mainbody involved in making and distributing criminal justice explained,to prohibitenacted judicial norms in the name of the file line to develop the judicialinterpretation of the real,against the local judiciary issue a criminal justiceexplanatory document. Second, improving the operational procedures of the power ofjudicial interpretation of criminal law, in order to the power of interpretation of theoperation of the program going into the legalization and institutionalization,standardization, criminal Judicial Interpretation announced to the public for commentprior to the implementation of judicial interpretation of criminal law in order toprotect the operation of openness and democracy and achieve program restrainingpower. Third,"range" within the power of judicial interpretation of criminal law mustbe controlled in the Constitution, to follow the basic principles of criminal law to theoperation of the power to interpret the legal restraining power. Fourth, strengthen thepower of interpretation of the operation of the criminal justice illegal and oversightmechanisms, strict implementation of the review mechanism of judicial interpretationof criminal law, and to improve the criminal law judicial interpretation operationaloversight mechanisms to achieve the power to restrict power.