The Error Review And Correction Mechanism On Judicial Interpretation Of Criminal Law In China

The importance of judicial interpretation of criminal law in the criminal justice system doesn’t need anything more to say. In recent years, especially, the judicial interpretation of criminal law in China has unprecedented prosperity, and the authority has taking an active part in issuing judicial interpretations. There are more and more judicial interpretations now, and the spread that the judicial interpretations are issued is faster and faster. In practice, it’s clear that the judicial interpretations has had positive influence on instructing the subordinate judiciary to apply the criminal law. However, there are still many problems of the judicial interpretations which shouldn’t be ignored. Although the criminal judicial interpretation system has been discussed and criticized by many criminal law scholars for a long time, there has been no real improvement has been made in the judicial interpretations of criminal law. Actually, the reason more or less dues to the lack of error review and correction mechanism of judicial interpretation in China. In addition, the lack of error review and correction mechanism of judicial interpretation doesn’t match with the importance of judicial interpretations currently. As a consequence, research on the examination and supervision of the judicial interpretation of criminal law in China is of vital importance, which could standardize the mechanisms of judicial interpretation of criminal law, set up the authority and seriousness of the criminal law, maintain the protection function of criminal law, and be benefit to the development of the criminal justice system.Based on the aspect of the supervision of judicial interpretation of criminal law, this essay discusses the construction of the error review and correction mechanism on judicial interpretation of criminal law. The author analyze the necessity and feasibility of the construction of this system from the ideal and actual aspects. From the aspect of ideal, we could know that as a kind of power, it’s necessary to supervise the power in order to ensure the proper exercise of it in essence. Thus, the lack of efficient supervision mechanism is easy to make the abuse of power, in turn the explanation of judicial interpretation will become less serious. it’s dangerous for the authority of judicial interpretations. Furthermore, the author lists the existing judicial interpretations of criminal law, and have an objective argument on the quantity, subject,form, procedure and application and so on, in order to argue the necessity of the construction of the mechanism. Then, the author also discusses how to build the error review and correction mechanism on judicial interpretation of criminal law. In fact, the mechanism could be constructed in two parts: one on hand, the the preventing mechanism which focus on prevention; on the other hand, the ex post correction mechanism which emphasis remediation, both of which are indispensable. Review on the existing supervision mechanism of judicial interpretation of criminal law, we could know that a lot of attempts have been tried, for instance, the establishment of the record review mechanism. Thus, the author believes that we can make the existing supervision system much more perfect, so as to let it play a real important role in pro supervision. And there’s no doubt that we lack the ex post mechanism. The author proposes the idea of construction of the specific mechanism by analysis on the basis of this mechanism both from theory and reality aspects.Through the discusses above, this essay implies to analyze the importance and many other questions of judicial interpretation. What’s more, this essay tries to argue the importance and necessity of the error review and correction mechanism on judicial interpretation of criminal law as well as come up with the idea of construction of the mechanism, which could be benefit on promoting the healthy development of the judicial interpretation of criminal law.