On The Perfection Of Judicial Interpretation System In China

The legislature has the power to legislate, the law is enacted by the legislature; the judiciary has the Constitutional Jurisdiction, its only applicable law and has no right to make legal power, when the judicial case in in the application of abstract legal is generated as the need to explain.Review of China’s judicial interpretation system development, specializing in the judicial interpretation of the institution in ancient China has not developed judicial interpretation, but also played an important role in. China’s current judicial interpretation system is under certain historical condition developed. Be above suspicion doubt, China’s current judicial interpretation and written law plays a complementary role, in judicial practice, give full play to the function of. However, we also ought to see, with the legislation of our country is ceaseless and perfect, formed under given historical conditions of the judicial interpretation model has been unable to adapt to the requirements of the modernization of rule by law, China’s current judicial interpretation interpretation subject confusion, method, examination of validity of the interpretation of contradictions. In the period of social transition, a large number of legal laws and regulations, legislative and practical contradiction between inseparable from the judicial interpretation of the condition, perfecting the system of judicial interpretation of a better strategy is to construct a level of system of judicial interpretation, implementation of case guidance system.This paper argues that the perfection of the judicial interpretation system of China, build case guiding system in China is necessary and feasible. Construction of case guidance system is to change large Abstract judicial explanations exist for the need of judicial justice and legal interpretation, is also the need of the inseparability of the justification of judicial interpretation; both demonstrate the need, but also to improve the application of legal interpretation legal quality and the efficiency, at the same time, legal precedent of judicial interpretation and specific explanation the best means of. In the construction of case guidance system is feasible, has a historical basis and realistic basis. Case guidance system establishment in our country has been relatively mature,and have a certain foundation,so establish the case instruction system be imperative.