Alienation Of Corruption And Bribery Judicial Explanation And Its Countermeasures

From the perspective of necessity,the development of criminal justice interpretations of the "Supreme People's Court and Supreme People's Procuratorate" should follow the principles of the supremacy of the law,the principle of interpretation and coordination,and the principles of interpretation and clarity.The "Corruption and bribery judicial interpretation" promulgated after the "Criminal Law is Revising(9)" is conducive to the application of justice and has the effect of strict anti-corruption.However,there are violations of the criminal law,interpretation of incoherence,and lack of clarity.It does not reach the "ought" state of judicial interpretation.Analysing the reasons from the explanation of utilitarianism,we can discover that in the formulation of the Corruption and bribery judicial interpretation of the “Supreme People's Court and Supreme People's Procuratorate”,political utilitarian pursuits,economic utilitarian considerations,and the utilitarian expansion of the interpretation right itself have a direct impact on the judicial interpretation of corruption and bribery.The formulation of the legitimacy and rationality of the book,and even the phenomenon of alienation,will cause subtle adverse effects on the judicial interpretation in the future,and even affect the authority of judicial interpretation.To solve the problem of alienation in the “Interpretation of Corruption and Judicial Judgment”,we should avoid adopting the governance model of “headaches and headaches”.Instead,we should consider the source of alienation of judicial interpretation.It should be roughly divided into two steps: The first step allows abstract justice.Interpretation exists,but it is necessary to effectively limit and supervise it;the second step is to eradicate the alienation of abstract judicial interpretation by strengthening the quality of legislation,returning to the interpretation of judges,and adopting case law.