Normalization Of Judicial Interpretation In China

As a topic of common practice in the field of jurisprudence,judicial interpretation has a very important value of legal research.Judging from judicial practice,judicial interpretation provides an important legal guarantee for judges to decide the case and issue the basis.With the judicial reform in full swing,judicial interpretation should also be included in the reform.The main content of the judicial interpretation reform is to address the issue of the standardization of judicial interpretation.Along with China's fast-growing social economy,the law should adapt to the needs of economic development in a timely manner.Judicial interpretation,while exerting judicial initiative,also exposes a series of problems,such as the ambiguity between judicial interpretation and legislation,and the legitimacy of judicial interpretation.There is controversy,the Supreme Court and the Supreme Procuratorate have conflicts of effectiveness in the process of judicial interpretation,etc.The phenomenon of irregular interpretation of judicial interpretation has become more and more obvious with the progress of judicial practice and the rapid development of socio-economic politics.The reasons for the series of phenomena can be summarized as the technical reasons for judicial interpretation and the lag of judicial concepts,which is caused by China's long-standing historical inertia and institutional defects.Therefore,the standardization task of judicial interpretation is becoming more and more heavy,so that the judicial interpretation is more standardized not only for the procedural constraints on judicial interpretation activities,but also for the substantive control of judicial interpretation and the fairness of judicial judgment.How to accomplish the purpose of standardization of judicial interpretation requires clarifying the subject of judicial interpretation,arranging the procedures for judicial interpretation,improving the supervision of judicial interpretation,and enacting relevant legislation to clarify specific principles and implement diversified supervision,restriction and remediation mechanisms.In many aspects,there are many means to standardize judicial interpretation,and thus achieve the purpose of standardization of judicial interpretation.In view of China's historical inertia and social background,it is a challenge to do a good job in the standardization of judicial interpretation in the high-speed social wave.It is an arduous task.However,it regulates judicial interpretation and the current state of socialist rule of law with Chinese characteristics.The construction has the main role of the mainstay,which has far-reaching practical significance for the substantive trial and the continuous improvement of the socialist rule of law.From the perspective of perfecting the socialist rule of law in our country,through the study of the irregularity of judicial interpretation,the problem focuses on the relationship between judicial interpretation and legislation,as well as the justification of the subject,the procedure,content and effectiveness of judicial interpretation.The reason is that due to the backwardness of the judicial concept in China,the article puts forward its own suggestions on how to further improve and refine the standardization of judicial interpretation.It is proposed to regulate the establishment of the Law Interpretation Law and the supervision and filing mechanism for judicial interpretation.Judicial interpretation work to meet the needs of socialist legalization.