Research On The Standardization Of Judicial Interpretation Of The Supreme People' Court

The Supreme People's court's judicial interpretation as an important part of China law,and the law is the same at all levels of court trial according to law basis,plays an important role in the process of trial.Compared with the law,the judicial interpretation of the Supreme People's court is about the provisions of the applicable law.But at present,there are many problems in the judicial interpretation of our country,such as beyond the legislative power,manipulated by the interest groups,the result of the interpretation is not uniform,the right to exercise the right to interpret,the lack of effective supervision,the effect is unknown.These problems not only affect the court judgment on the specific cases,the unified damage law in China,but also prone to "injustice some sentence" in the specific trial,it is not good for improving the credibility of China's judicial legal authority and enhancing legal belief of citizens.To promote the uniform application of law,we require the system of judicial interpretation.If the lack of standardization of judicial interpretation,it is easy to lead to the result of the trial distortion of the original intention of the law,from the legislative purpose,contrary to the spirit of the law and other drawbacks,these phenomena are not conducive to the unity of the application of law.In order to promote the power of judicial interpretation is reasonable and legitimate use,prevent the "some sentence" phenomenon and to promote judicial justice,the unity we need to establish a standardized system of judicial interpretation in order to ensure the implementation of the applicable law,build a socialist country ruled by law,the goal of democratic justice.With the construction of democracy and the rule of law continue to promote the judicial interpretation of the Supreme Court of China has been more standardized,but only in the judicial effectiveness of the formal specification of the content,while the more important the Supreme Court judicial interpretation to the legitimacy,rationality and content proper methods of substantive norms are lack of attention.The realization of the judicial interpretation of the Supreme Court,to promote the application of the law in the national unity can not rely solely on the formal norms,but also to regulate the substantive norms of judicial interpretation of the Supreme Court.Only the judicial interpretation of the Supreme People's court for legitimate purposes to develop proper method,in order to make the reasonable content of judicial interpretation of the Supreme Court;only the Supreme Court judicial interpretation of the reasonable content,in order to achieve the legal fairness and unity;only the law tends to be impartial and unified,in order to enhance the judicial authority,set up the belief in the rule of law,achieve social fairness and justice.The station in the uniform application of the legal point of view,at present,China's Supreme Court judicial interpretation of the main problems existing in the form of standardized,normative and substantive norms of the dual path to explore China's Supreme Court judicial interpretation way to improve the standardization,to promote the right to regulate the exercise of judicial interpretation of the Supreme Court,the uniform application of the law.