Research On The Legalization Of High Court's Documents Of A Judicial Interpretational Nature

The local people's courts have been repeatedly forbidden by the Supreme People's Court's official documents,to make the document of a judicial interpretational nature.But plenty of forbidden ones are still released after that,part of which play an important role in local judicial practice.So does this type document have certain realistic demand and rationality? Further,what's the institution defect of them in current legal system,and what regulation should be taken to have them legalized? The problem solution is helpful to making local trials better promote judicial justice and legal unification.This article believes that the document of a judicial interpretational nature has its time-domainal,reginal and institutional reasons to exist,and that it plays a unique role of de-involution,active judicial and field test in local judicial practice.This article analyses the local high people's court's legal status and statutory functions,and interprets the relevant normative documents of the Supreme People's Court and the Supreme People's Procuratorate,which indicates that there does be a certain room for local high people's court to make normative documents to develop the guidance on local judicial practice.Starting with the legitimacy dilemma of local people's court's document of a judicial interpretational nature,this article builds a system route including admiting the judicial interpretation power given by constitution,distinguishing between valid intepretaion and invalid intepratation,exclusively vesting the local high people's court with certain transitional power to make document of a judicial interpretational nature.And based on the empirical research,this article proposes that legalized guarantee should be offered to the document of a judicial interpretational nature,by normative document development,regular document cleanup,and systematic supervision.