Research On The Revision Of Provisions Of The Supreme People's Court On The Judicial Interpretation Work

Judicial explanation is that the law enforcement process of the effect of the universal judicial explanatory file,as the judgment standard and rules are quoted in the specific case for trial.China's judicial interpretation of the main body of the supreme people's court and the supreme people's procuratorate,as of early 2016,the current number of effective judicial interpretation for 479 units,the judicial interpretation issued by the Supreme Court of 397 building number,the number of issued by the supreme people's procuratorate is only 46,and the supreme people's court and the supreme people's procuratorate jointly issued the number was 46 pieces,from the perspective of the quantity of judicial interpretation to develop,in a typical significance,by the supreme people's court judicial interpretation for the object to study the judicial interpretation,it has more important research value.Judicial interpretation as a universal justice effectiveness of explanatory text,during the process of the effectiveness after the law,and due to its more practical than the law,in the specific case of the trial was more quotes.Although its effectiveness under the law,judicial interpretation for the social public also has general guiding significance in social activities.So to the formulation of the judicial interpretation of regulation and improve the quality of judicial interpretation,must pay attention to the main source of judicial interpretation,the supreme people's court for judicial interpretation work.The supreme people's court on the regulation of judicial interpretation work "is established by the supreme people's court regulation itself the formulation of the judicial interpretation of normative documents,was made by the supreme people's court judicial interpretation when the main regulatory documents.The regulations formulated the related judicial interpretation in the process,including judicial interpretation of the main body,the four forms of judicial interpretation,judicial interpretation of the project proposal and project source,drafted and submitted to the judicial interpretation,judicial interpretation of the release,and judicial interpretation of the compilation and abolition of procedural rules.The existing provisions on the full text of 2568 words,a total of five parts,31,by the supreme people's court since March 23,2007 promulgated,had never experienced nearly a decade since the modification.The legislation law of the People's Republic of China on March 15,2000,the ninth session of the third session of the National People's Congress passed,no.31 presidential order released,shall enter into force as of July 1,2000.The issue of legislation law has played an important role to our country legislative work specification,but "legislative law" has not the supreme people's court and the supreme people's procuratorate of judicial interpretation work rules,the main reason is that legislators that judicial interpretation is not belong to the category of legislation."Legislative law" after 15 years,carrying out in the 12 th held on March 15,2015 the third session of the National People's Congress to a larger range of modifying the legislation law,involved 46 provisions add,modify or delete.New article 104 the provisions of the regulation and supervision of judicial interpretation."Legislative law" the 104 th regulation: "the supreme people's court,the supreme people's procuratorate belong to the judicial,procuratorial work,the specific application of the interpretation of the law,should be mainly aimed at the specific legal provisions,and comply with the legislative purpose,principles and meaning.In the circumstances set forth in the second paragraph of article 45,shall be submitted to the National People's Congress standing committee put forward the requirement of the legal interpretation or formulation,modify relevant laws." "To the supreme people's court,the supreme people's procuratorate belong to the trial,the concrete application of law interpretation in procuratorial work,shall,within 30 days from the date of release,submitted to the standing committee of the National People's Congress for the record." "The supreme people's court,the supreme people's procuratorate of judicial and procuratorial organs,shall not make the concrete application of law explanation." The "legislative law" the 104 th regulation clear judicial interpretation formulation main body to belong to the supreme people's court and the supreme people's procuratorate;The scope of the judicial interpretation for the interpretation of the specific application of law;Judicial interpretation of the object to a specific legal provisions;Were also used except for the provisions for judicial interpretation.With "the regulations" modified "legislative law" the 104 th the main content of the existence of various conflicts,coupled with its own problems,have reached the point where they must be modified.For many scholars put forward the problem of law of our country must develop a special judicial interpretation,and consider the present our country the status quo of legal system and the technical level of the legislation,formulate special judicial interpretation method cannot solve the present obstacles,impossible to establish and implement a short period of time.Shall be based on a modified "legislative law" the 104 th as the main basis,to set rules for judicial explanation of supreme people's court,the main modification is perfect,can in a relatively short period of time to our country judicial interpretation formulation have good effect.