Connotation Interpretation And Implementation Path:The Judicial Function Of Legal Interpretation

The theory of judicial function as the basic theory of judicial reform is an important theoretical guide for judicial reform.The reason why the current judicial reform is faced with many difficulties lies in the lack of theoretical preparation.The judicial function is the cornerstone of the modern judicial reform theory system.No matter whether the reform of judicial system or the construction of legal order must be based on the essential purpose of effective judicial function.Through the investigation of the development path of judicial function,this article interprets the current situation of our judicial function and analyzes the obstacles to the realization of our judicial function,with a view to repositioning the judicial function and deducing the system structure and the path of the judicial function of China in the new period.We should establish a judicial function system based on the principle of settling disputes as the basic goal,fairness and justice as the core value and independent operation.This article is divided into five chapters.First,it summarizes the basic theory of judicial function and defines the connotation of judicial function.Three basic characteristics of judicial function are discussed respectively.The classification of judicial functions in different ways in academia is expounded.Finally,it reveals the urgent need for the transformation of judicial function in the new era.Secondly,the value orientation of judicial function is annotated.As an important issue that directly affects the realization of judicial function,value orientation also has a profound impact on the development of China’s rule of law.The process of judicial function should always be based on the maintenance of social fairness and justice,to ensure the rights and restrict power,to promote the perfection of the law,and to promote the harmonious and orderly development of the society.Thirdly,through the analysis of the current situation of our judicial function,it is revealed that the judicial function of our country is still faced with many problems to be solved at the same time,while the basic embryonic form of judicial function of modern rule of law is preliminarily met.China still has a large gap in the judicial system compared with the modern legal system which is relatively perfect in judicial system.The specific performance is: the power restriction function lacks the counterbalance;the right relief function lacks the authority;the policy formulation function lacks the autonomy;the social control function lacks thevalidity.Finally,it discusses the way to achieve effective judicial function in the new era.First,put forward the "new" orientation of judicial function,and regard the trial function as the third party centered judgement and the bottom line referee based on trial limitation.Through the third party intervention,the two sides of the conflict should be transferred from conflict to dialogue,and negotiated to solve the conflict,so as to explore the root causes of the conflict.In a consensual way of dispute resolution or decisive way of dispute resolution,we must settle disputes.Second,put forward the trial centered doctrine of judicial function,and emphasize the importance of judicial function in the court trial.Third,we must construct a diversified dispute resolution mechanism and set up a dispute resolution system based on the trial mechanism and a variety of dispute resolution mechanisms.