On Constitutional Regulation Of Judicial Interpretation In China

The operation of the judicial interpretation should not be free from the constitution, the judicial interpretation of constitution of the standardization of the operation need to provide a source of support, the current judicial interpretation in China is facing the constitutionality and the lack of legitimacy crisis, how to run the standardization of the judicial interpretation and regulations within the constitutional framework of existing, enable it to better perform their duty and mission, requires an effective theoretical basis for support. To this end, this paper tries to provide two kinds of path for reference, the first path is by reading the constitution text, requirements of the National People’s Congress(NPC) start the constitution interpretation procedure, to article one hundred and twenty-six of the constitution text "law" and to interpret the connotation of the "trial", so as to deduce the constitutional foundation of judicial interpretation. The second path is suggesting the National People’s Congress and its standing committee by way of specialized legislation, formulate special legal interpretation act to solve the problem of the standardization of the judicial interpretation.