An Interactive Study Of Legislative Interpretation And Judicial Interpretation

Only through the interpretation of the law can be truly applied, and our current legal interpretation system there are still many places to be improved, mainly for legislative interpretation and judicial interpretation of the argument has always existed.Whether the legislative interpretation and judicial interpretation in the current judicial practice there is no need, there is no defect, and what is the relationship between the two in the end, how to achieve the benign interaction between the two are urgent problems to be solved. In this paper, the connotation of the legislative interpretation and judicial interpretation and the interaction between the two are studied and strive to find ways to promote their development together,and to change change the current legal interpretation of the current situation of abnormal development.This article mainly through two ways to achieve the benign interaction between the two. The first is to clarify the scope of legislative interpretation and judicial interpretation, in accordance with the provisions of Article 45 and 104 of the Legislative Law, elaborate on the application of legislative interpretation and judicial interpretation under what circumstances, how to apply and conflicting solutions, as far as possible to delineate the scope of the scope of the two, so that in their respective areas to maximize the role,will reduce the current range of the two too much cross,overlap or even usurpation phenomenon,and make more authoritative guidance on judicial practice. The second is to coordinate the legislative interpretation and judicial interpretation of the mechanism, through the clear interpretation of the two main body,improve the procedures set,standardize the form of interpretation,to strengthen the legislative interpretation of judicial interpretation and other means, through internal and external cooperation to overcome the legislative interpretation of inertia, to reconstruct the judicial interpretation of the purpose of modesty, and ultimately to achieve the legislative interpretation and judicial interpretation of the benign interaction, so that our legal interpretation system will improve.