Research On Development Of China’s Judicial Interpretation System And Realistic Predicament

Where there is law,there is legal interpretation.China is a country of law,and the law is.The application of the law can not be separated from the interpretation of the law.Judicial interpretation is an important part of China’s legal interpretation system.Since the sixty years of history of the people’s Republic of china,the Chinese judicial interpretation system has been gradually established and perfected,and it has formed the judicial interpretation model of the binary level.The subject of interpretation,the right of interpretation and the procedure of interpretation have normative provisions.The judicial interpretation system of our country has played an important role in bridging the loopholes in China’s enactment and promoting the proper application of abstract statute in judicial work,and promoting the construction of China’s socialist rule of law.But the current judicial interpretation system design is not perfect.In judicial practice,there are some problems in the current judicial interpretation system.For example,the legislative phenomenon of judicial interpretation,the rationality of the judicial interpretation of two yuan,the legitimacy of the joint interpretation of multi agency,the Imperfect of the mechanism and procedure of judicial interpretation,and the quality of individual judicial interpretation is not high,and so on.Some issues need to introduce legislation to further regulations.And some issues need to be more in-depth institutional reform can be fundamentally resolved.This paper studies the theory and practice predicament of judicial interpretation system and puts forward the way to improve it.And it is able to understand and improve the system of judicial interpretation in China,and to promote the construction of the rule of law in china.