On The Constitutional Control Of Criminal Judicial Interpretation In China

The law has a lag with respect to social changes and a ambiguity based on the nature of language,which leads to the problem that the law needs to be explained in the process of application.Judicial interpretation is one of the ways to solve this problem.China has already enacted more than 200 laws that have created the necessity of judicial interpretation in reality.The necessity of the existence of judicial interpretation and the impact of its operation on the basic rights of citizens make the constitutional regulation of such power indispensable.Based on the unique nature of criminal justice interpretation and the consideration of constitutionality control value,the control of criminal justice interpretation should become a key part of the judicial control of judicial interpretation.This paper takes China's criminal justice interpretation as the research object,and uses the methods of quantitative statistics and case analysis to study it.The purpose is to grasp the characteristics of criminal justice interpretation in order to effectively control its constitutionality.The constitutional and basic laws as the criteria for constitutional control to examine China's criminal justice interpretation mainly have three aspects of constitutionality: First,criminal justice interpretation is beyond power.It includes both the subject's ultra vires and the content beyond the scope of interpretation.Second,the substance of criminal justice interpretation is suspected of being unconstitutional.Third,the criminal justice interpretation is absent.The main reasons for these three problems are: "Resolution on Strengthening Legal Interpretation","Legislative Law","Organization Law of People's Courts","Organization Law of People's Procuratorate",there are differences in the division of judicial interpretation authority,lack of interpretation of criminal justice Cognition of traits.And the lack of supervision of the review and adoption procedures,and the imperfect review system.In response to the above reasons,the author puts forward suggestions for the benefit of constitutional control.It involves the whole process of criminal justice interpretation from drafting to invalidation.