Research On Alternative Selection And Optimization Of Judicial Interpretation System And Case Guidance System

Judicial Interpretation in Chinese Legal Interpretation System, which is called legal interpretation in Enacted law countries and Anglo-American legal countries is interpretation for law by judicial offices, meaning that judges with legal thinking clarify the law and the facts relating to a case according to normative law meaning and legislative spirit in the process of application of law.Guidance Case is the core of Chinese Guidance Case System, whose property is legal interpretation, like Judicial Interpretation. Therefore, Judicial Interpretation System and Guidance Case System are both Chinese legal interpretation model, which is the premise to compare them. The article values more in constitutional foundation、expected system established effect and the construction of judicial credibility than in system’s content when comparing the both.First, the article compares these two systems on the issue of constitutionality. Since the power of judicial interpretation is the important part of the judicial power and the indispensable means of exercising judicial power, we can have a logical argument for the constitutional status of the power of judicial interpretation. Respectively, The Supreme Court exercises the power of judicial interpretation over the judicial interpretation system and case guidance system, and a clear basis for the distribution of power can’t be found in the Constitution, so we want to demonstrate the constitutionality of the two systems, which is whether the Supreme Court by two seed system embodied in the exercise of public power the way the constitutionality of the exercise of judicial power requirements. Finally, we found a design flaw of Judicial Interpretation System in operation mode so that power does not meet the operational requirements of judicial power in order to lose constitutional status. The case guidance system is the opposite of a constitutional basis, which is in line with the requirements of modern constitutional principle of popular sovereignty, the rule of power restraint and the rule of law. Secondly, the article makes comparative analysis on the value of reviving written law between Judicial Interpretation System and Case Guidance System. The cause of judicial interpretation’s birth is the limitations of written law which needs to be revived. Judicial Interpretation System and Case Guidance System in our country are both established for reviving our statute law, but they value in different ways. However, Judicial Interpretation System who is the same with written law in abstract articles couldn’t do extreme use to revive written law. Otherwise many judicial interpretations should be doing some harm in written law improving itself when Case Guidance System could revive written law well in many ways. And finally, the article makes comparative analysis on the implementation effect of Judicial Interpretation System and Case Guidance System. Judicial Interpretation System and Case Guidance System are our Chinese judicial system, which should be under inspection of the standards of judicial credibility, such as high-quality judges、the right of free judge being limited and "the same case the same result". However Judicial Interpretation System just doesn’t work while Case Guidance System could promote the public trust of the judicature.Above all,we can conclude that Case Guidance System is superior to Judicial Interpretation System if we are asked to make a choice between them.But we couldn’t do such decision right now for not enough conditions. Instead, we now assure that Case Guidance System is the right model to interpret written law and perfect it.