On The Boundary Of Judical Interpretation

Judicial interpretation is an important source of law in China.It plays a decisive role in clarifying legal norms,filling legislative gaps,unifying the application of law,and feeding back legal innovation,and has a far-reaching impact on judicial practice.from the legal system of a country or state power itself there is a specific domain and the boundary,its operation and development also should be qualified in this area and within the boundaries,cannot easily overcome or break,or system would be likely to invade other countries or the power range of power,state power,conflict and confusion between institutional system.Back to the origin of judicial interpretation,as early as the early days of the founding of new China,in order to fill the legislative gap,the supreme people's court tried to issue a series of normative documents to strengthen the guidance of local courts at all levels,such a "judicial legislation" approach is the embryonic form of judicial interpretation.In 1955,the resolution on the interpretation of legal issues passed by the standing committee of the National People's Congress explicitly granted the judicial committee of the supreme people's court the right to make abstract judicial interpretation,which officially opened the door for the exclusive department of the supreme people's court to make abstract interpretation.As 1981 "decision on strengthening the legal interpretation work" and "legislative law" revised in 2015 and other related legal documents,in the official gave the supreme people's court and the supreme people's procuratorate to the right of judicial interpretation to develop at the same time,also to the judicial interpretation has made set the scope of authorization,to some extent the barriers for the judicial interpretation and boundaries.The truth and experience show that the boundary of the judicial interpretation at the present stage in China is not complete,not unified,as the judicial interpretation system evolve,in recent years,the operation and development of China's judicial interpretation system presents a non-standard,unbalanced characteristics,on the one hand,the judicial interpretation of the subject,object,legal nature,the text explain the scale boundary problem is not fully clear,such as controversial,the border of judicial interpretation theory is incomplete;On the other hand,the boundary of judicial interpretation has been frequently broken through,and the transboundary judicial interpretation has been repeatedly banned,especially the tendency of "lawmaking" ofjudicial interpretation.Under the realistic background of disordered alienation of judicial interpretation system,it is urgent to study and investigate the boundary of judicial interpretation in theory,construct and improve the theoretical framework of the boundary of judicial interpretation in China,and ensure the reasonable operation and benign development of judicial interpretation system.At the same time,the judicial interpretation boundary problem of theory construction is dependent on the scientific and reasonable technical method,on the basis of strict judicial interpretation boundary frame,still need to establish and perfect the judicial interpretation of the review,clean up the cohesion and error correction and other supporting system,for the operation and development of judicial interpretation system provides scientific and effective technical support.