Between The Application Of Law And Public Policy

From the establishment of the supreme people's court to the present,judicial interpretation system has been accompanied by it.Judicial interpretation plays an extremely important role in unifying the law and making up for legal loopholes.Since the 1990 s,however,the academic community has been increasingly vocal about judicial interpretation.Breakthrough in the process of practice,the Supreme Court to explain the limits of from the specific case,make a lot of abstract judicial interpretation,and optional methods of expand or contract laws,creating new content,seriously violated the National People's Congress and its standing committee of the legislative power,at the same time as the Supreme Court interpretation,make the judge to judicial interpretation depends heavily on,change the relationship between the Supreme Court of the lower court supervision,breach of judicial independence.The Supreme Court,which is the main body of judicial interpretation,is to blame for the many negative effects of judicial interpretation.In order to ensure the independence,justice and fairness of judicature,it is necessary to reform the judicial interpretation system in the context of judicial reform.In this paper,standing in the light of history,to the Supreme Court since the founding of the nature of the judicial interpretation and judicial interpretation file analysis and statistics,combing judicial interpretations in different features of various periods in our country at the same time clear limits of authority as prescribed by the relevant norms of judicial interpretation,judicial interpretation in the real operation of all kinds of influence.Documents based on the analysis of judicial interpretation,this article will explore the supreme people's court as the main body,establishment of judicial interpretation in our country play a role in the current system: the Supreme Court is not only for the unification of applicable law responsibility,but also need to take some political functions,in particular is the formulation and implementation of public policy.Finally,combining with the background of judicial reform,the author puts forward some reasonable Suggestions on the improvement of judicial interpretation system and the future trend.