The Rational Dimension Of Judicial Interpretation In China

The society is protean and the law is relatively stable. How to reconcile this contradiction, is still an important task in legal theory,and judicial interpretation just play the role of reconcile the contradiction.As a bridge to connect the legislation and judicature, on the one hand to make up for the deficiency and the lag of law, on the other hand to provide a legal basis for specific cases, the judicial interpretation is playing a great role in promoting legal construction socialism. However, judicial interpretation appeared with a strong local color at first,and it is accumulated a lot of ills in practice.Therefore, from a rational perspective, to explore the problems existing in our current judicial interpretation and improve the approach, also have significance both in theory and practice.This article is divided into four parts. The first part is the basic theory of judicial interpretation,on the basis of concluding and analyzing the meaning, nature and historical evolution, to make a comprehensive and objective combing.The second part points out the rationality of judicial explanation in our country,deeply analyze the judicial interpretation ought to be reached from the aspect of values and goals,while explain the basic legitimacy and the historical inevitability of judicial interpretation.The third part is based on the analysis of current judicial interpretation about the theoretical and practical difficulties, resolve reasons why judicial interpretation are getting bogged down. The fourth part is the way of exploring judicial interpretation, put forward the three ideas at reforming the subject of judicial interpretation and strengthening the legislation and supervision and perfecting the case guidance system.