Research On The Legal Issues Of Judicial Interpretation Normalization In China

A rapidly changing social life,the law has relative stability.How to master the balance of the two,which is an important content of legal research and judicial interpretation can ease the contradiction between them properly.Judicial interpretation is an important means of communication legislative and judicial,it can make up for the legal lag characteristics of moderately,and at the same time also can let the judge in the case when find a legal basis,further promoting the development of the construction of the socialist rule of law.However,judicial interpretation,a lot of problems appeared in the process of the formation,development.So further study of the deficiency of the current judicial interpretation in China and find a solution is critical.In this paper,in-depth analysis and research the loopholes and defects in the current judicial interpretation in our country,provide ways to find a way to improve the judicial interpretation.Judicial interpretation in the judicial practice in our country has a special role,it can make up the lack of law,the applicable law and social development go hand in hand,the constraint at the discretion of the judge,ensure judicial rigor,so as to ensure the coordination of justice.However,judicial interpretation in practice is gradually exposed its existing problems,such as judicial interpretation confusion on the legislative power,does not accord with the rule of law standards,and run counter to the spirit of the legal interpretation;Judicial interpretation can not completely match the law in the judicial practice,to ensure the applicability of the law and so on,this is formalized by a loophole in the legal system and the legal system,judicial interpretation system or program is not perfect,the judicial organs to factors such as power expansion.In view of the present situation,to further improve the system of judicial interpretation,through certain means of supervision is required to perfect the system of judicial interpretation;Under the premise of importance in determining the judicial interpretation,judicial interpretation formulation process rationalization and legalization;Judicial interpretation need to conform to the requirements of the law,not unauthorized processing,can't and run counter to the spirit of the law.Form a case to explain main form of judicial interpretation,reduce the abstract nature of the judicial interpretation.Realize judicial interpretation closely associated with the legislation,the judicial interpretation of the examination system,can show the strictness of law,thus promote the progress of the reform of the judicial system.