On Constitutional Control Of Judicial Interpretation Power

In the context and current system of China, the specific application of judicial interpretation carried out by the supreme people’s court in the judgmental and procuratorial work should be regulated by the constitution. From the aspect of system specification, there is no specific provision about judicial interpretation in the text of China’s constitution and the legal basis of judicial interpretation could only be referred dispersedly in constitutional legal documents like the organization law, the legislative law and the surveillance law. In the perspective of long-term, it is necessary to add the judicial interpretation into the text of constitution with scientific and reasonable technologies to secure the authority of constitution and the unification of legal system. In the practice of judicial interpretation, the actual effectiveness and the function had shown in the legislative and judicial field has formed certain challenge to the vested legislative power and judicial power. Currently, under China’s legislative system of "one-dimension, two-stage and multi-level" and the judicial interpretation system of "two-dimension and one-stage", the key to fundamentally adjust the judicial interpretation disputes between the supreme people’s court and the supreme people’s procuratorate, coordinate the legal conflicts between judicial interpretation and legislative power as well as the judicial power is to break the problems of the legality and constitutionality of China’s judicial interpretation.It is in desperate needs to clearly define the attribute and status of judicial interpretation and basically adjust the strained relations between relative powers so as to construct a structured constitution and legal orders which secure the standardized operation of judicial interpretation power.Judged from around the world, the necessity of judicial interpretation regulation is more reflected in the judicial practice field. Experience shows that the judging processes of judicial cases are permeated with subjective judgments and specific explanations of law. Because when the judges give adjudication about a case, there is no exception to judge the case out of relevant links like the fitness of facts, the application of law and the result of a conclusion. And every link is hidden with the legal interpretational or even constitutional interpretational acts. In this respect, the majority of countries around the world make relevant confirmations or regulations about the judicial interpretation power of legislative and judicial agencies in the forms of constitutional texts, practice and case, whilst secure the constitutionality of judicial interpretation with mature constitutional interpretation methods and technological rules in the Western judicial system.In China, although constitutional interpretation is exclusively used by national representative organs, the constitution text cannot be used as direct accordance in the judicial decisions at present stage. However, this does not mean the legal interpretation which shows the legal facts effectiveness could go beyond the control of constitution regulation. Therefore, from the respect of legal logic, reasonably apply the constitutional inference method of legal interpretation and the inference rules of constitutionality into the judicial decision process. This is undoubtedly necessary, effective and feasible to practically secure the legality and constitutionality of judicial decision activities.