On Optimization Of Judicial Interpretations Of Criminal Law In China

For recent years, a large number of judicial interpretations, including the judicialinterpretations of criminal law, have played an important role in the correctapplication of law. However, with the development of the society and legislativetechnology, some judicial interpretations have shown shortcomings. The cleaningwork about the onerous judicial interpretations led by the commission of legislativeaffairs of the National People’s Congress on July13th2011has already organized thesystem to a higher level, and has improved the system effectively. Based on this, thisthesis summarizes the state-of-art of this topic as well as the conclusions in otherareas, thus to put forward the proposal about the judicial explanation of criminal lawin our country.The thesis contains four parts: The reality of the criminal law judicialinterpretation; Quantitative analysis of the criminal law judicial interpretation; Theprinciple and development of criminal law judicial interpretation; and the Summary.In the first part，the status and role of the criminal law judicial interpretation in theLegal Interpretation system and the problems exposed in practical area would becarried out, including experts’ view and analyses about the judicial interpretations ofcriminal law experts. Subsequently, the necessity to carry out a research on Chinesecurrent judicial interpretation from the perspective of the practice of the criminal lawis illustrated. In the second part, quantitative statistics and contrast of the currenteffective judicial explanation of criminal law, as well as the state-of-art of Chineseeffective criminal law judicial explanation would serve as a conclusion about theimprovement of this thesis. In the third part, points taken out by other researchers aresummarized and this would help optimize our judicial interpretations of criminal law.The second and third serve as the core parts of the thesis, which analyze and organizethe status of criminal law judicial interpretation from the angle of practice. The fourthpart summarizes the thesis by expounding the feasibility and the expectation toimprove the judicial explanation of criminal law in China.After hard work on clearing the judicial interpretations and judicial interpretation-liked cases by the Supreme People’s Court and the Supreme People’sProcuratorate, the judicial interpretation system has been organized effectively.However, the judicial interpretation of criminal law remains a rare process.Although Scholars and judicial experts carried out arguments on the processdevelopment of criminal law judicial explanation. Based on this, it is necessary to usea new perspective and research method to study this question in the framework ofpragmatism. On the basis of simple summary and review of the criminal judicialinterpretation，this thesis discusses the problems from the view of the practicing ofthe criminal law judicial interpretation, which would be accompanied with thequantitative statistics and empirical analysis as the main measure.This thesis expects to make a contribution to the existing effective judicialinterpretations of criminal law as well as its direction of development.