Dislocation And Resetting: Studying On The Setup Problems Of Judicial Interpretation Power

In the current situation of the judicial interpretation power setting,the People’s Court and Procuratorate play important role in maintaining social order and unifying the legal application.In recent years,however,the judicial interpretation power has received disputes in the theoretical and real world.The judicial interpretation power of the two law systems are implemented by the court,handing the judicial interpretation power to the judge ensures better implementation and guarantee of the judicial power.But the judicial interpretation power in our country is set differently.They are misplaced.In order to ensure the court and Procuratorate’s ability to implement the functions effectively and correctly,push forward the uniform progress of the legal system in China and set up a righteous image in China,actively pushing forward the setting’s Court are of prime importance.Therefore,relevant theories of judicial interpretation of the Supreme People’s Court and Supreme People’s Procuratorate are very significant.The thesis conducts research and puts forward the author’s own viewpoints on the above-mentioned misplacement issue in the judicial interpretation power in China.The thesis is divided into four parts,the first part describes the theory of judicial explanatory misplacement,so as to guide to the concept and definition of the concepts of judicial interpretation power;providing theoretical guidance for the detailed discussion of the judicial interpretation power on theoretical basis.The second part finds the merits and demerits of the two systems through a general introduction to the basic mode of the judicial interpretation power setting in China at the present stage and the mode of setting explanatory right of other legal systems and the core of the problem,puts forward the analysis of the author on relevant issues;In the last part,the author raises his own opinion on the resetting of the judicial interpretation power in China,elaborates on the author’s strategies,puts forward his own suggestions for the analysis and discussion on the direction of reform of the setting of judicial interpretation power in China,so as to perfect the judicial interpretation power in China.