Study On The Standardization Of Chinese Judicial Interpretation

Judicial interpretation is an interpretation of the law which is made by the highestjudicial for specific application of the law. Normalization for judicial interpretation isthe norm of judicial interpretation’s subjects, privileges, programs and any other factors.In contemporary society, the judicial interpretation plays a very important role which isnot to be underestimated. Since the establishment of China,"should be broad ratherthin" legislative policy and stiffness and the lag of the written law made the judicialinterpretation existing in our country inevitably. And it plays a role of compensating forthe lack of legislation and filling the legal loopholes. In practice, the judicialinterpretation is a legal basis of judges who decide cases correctly. It is a means ofsafeguarding the interests of the parties, is a tool to resolve social conflicts and disputes,and is a rule to achieve law unified security. Judicial interpretation has such importantsignificance, so we should play its function fully in some expects of adjusting of socialrelations, relieving social conflicts, and maintaining social harmony and stability.However, there are many irregular phenomena in the judicial interpretation at presentwhich we have to study and solve them urgently.After a brief introduction of the theoretical and important significance of judicialinterpretation, the author analysis of the current status of judicial interpretation, andsummarize the prevailing of some abnormal phenomena of present judicialinterpretation, such as: imperfect legislation, judicial interpretation flooding trend andlegislative trend, the conflicts of the content and the effectiveness of the two highestjudicial interpretation, the procedures of developed and published judicial interpretationare not strict, and the lack of supervision and restraint mechanisms and so on. Thenanalyze the causes of these phenomena, and summarize why the judicial interpretationis not standardized. The authority is unclearly of the two highest judicial makes theconflict occurred in content and effectiveness of the judicial interpretation. Thelegislative policy of "Should be broad rather thin" decides the inevitable trend oflegislation of judicial interpretation. Imperfect legislation and imperfect supervisemechanism makes the judicial interpretation’s development and release procedure arenot standardized, and appears flooding trend. And then the author put forward her viewson judicial interpretations’ standardized. First, in terms of legislation, the author suggestto publish a special law of judicial interpretation, which draw up the subject who has the authority to establish the judicial interpretation, and use which procedure in what scope,and who need to supervise the perform of the right in the height of legislation. Secondly,the author discusses the mechanism of supervision and judicial interpretationexclusively. In this section, the author clearly defined the National People’s CongressStanding Committee is the supervisory authority of judicial interpretation. At the sametime we should strengthen the social supervision, and use of modern informationtechnology to strengthen the supervision of judicial interpretation, which can makejudicial interpretation more and more standardized, thereby promoting the rule of law inour country are better to achieve fairness.