The Research Of Judicial Interpretation Of Law In The Chinese Context

In the Chinese context, judges are asked to be strict to the law; however, the judicial interpretation of law conducted by the Supreme Court, which is kind of the judge-made law, plays an increasingly tremendous role in the application of law. The paper looks to find the the reasons behind the paradox and deals with the controversies the judicial interpretation has aroused. The research way is diversitified, which includes the historical comparative research method and the comparison of Chinese and Western legal systems.The paper can be devided into five parts as follows.In the first place of the paper, there introduce the different understandings of the judicial interpretation of law in China, which is quite different from what in the western context. And then the paper goes further to illustrate the history of the judicial interpretation from four respective aspects. In the elaboration, the paper is trying to figure out the reasons why the judicial interpretation system, transplanted from western legal system, should be faced with the paradox. The paper begins from the traditional legal culture and then moves to analyze the practical experiences.Therefore, how to normalize the judicial interpretation of law in the Chinese context remains to be a question. In order to combat the problem, we'd better deal with the issue whether the judicial interpretation invades the legislator power at first. And then we should restructure the judicial interpretation systems. Last but not least, the form of the Legal Community, which can help to develop the interpretation systems to the fullest, should attract the sufficient attention.