The Theory Of The Legal Sources Of Judicial Interpretation

The law has a certain lag relative to the frequent changes of the social life,and the law is summarized to make general and abstract rules of complex social phenomenon,the law has become an inevitable step of judicial interpretation of the legal application.Establish the legal status of the judicial interpretation,judicial interpretation can get a better application to further clarify the meaning of the law to fill legal loopholes.The legislative law in fact established the subject status of the Supreme People's court for a judicial interpretation,defined the scope of judicial interpretation,acknowledged legal effect of judicial interpretation,which proves the legitimacy of judicial interpretation as a legal source.After the generally accepted judicial interpretation through statutory procedures,and in the condition of the relevant legal provisions under the restriction of promoting law application,the legal status of the judicial interpretation of the rationality of the law can fill the blank.In practice,the judicial interpretation can interpret provisions,overcome the deficiencies of statute law,guarantee law to be unified,make up for the lack of legislation,supplement and development of the law,create conditions for the legislation,maintain social order and guarantee the fairness and justice,to lay the foundation for legislation.Through the inspection of judicial interpretation in practice,strengthen the judicial interpretation of the provisions,clear judicial interpretation as legal sources,set the deadline.After the deadline,either transferred into law or be abolished,to perfect the legal provisions;Clear procedures of judicial interpretation,to establish the mechanism of supervision of legislative power as the core,strengthen the judicial interpretation under supervision of the Standing Committee of National People's Congress,so as to ensure the judicial interpretation to be well implemented under legal procedures and supervision.