The Certification And Reconstruction Of “Patch Type”Judicial Interpretation

“Patch Type” judicial interpretation is an imagery description of a special empirical phenomenon in the development of China's legal interpretation system.This special experience is that some judicial interpretations issued by the Court actually play a legal role.However,the concept legitimacy and system legitimacy of “Patch Type” judicial interpretation are missed,which makes it play an important role in China's legal system construction,but it has always been in the state of “being real and nameless”.Therefore,it is necessary to prove the existence legitimacy of “Patch Type” judicial interpretation and realize its system legitimacy from the legal level.Taking the development of the entire judicial interpretation system as empirical material and adopting research methods of legal experience research,the purpose of “Patch Type” judicial interpretation is to temporarily fill in legal gaps and lega loopholes.The historical necessity,realistic necessity and existence rationality of “Patch Type” judicial interpretation have proved the existence legitimacy of “Patch Type” judicial interpretation.Because the patch judicial interpretation is in a long-term position of lack of institutional legitimacy,its development lacks certain normative.In order to achieve its institutional legitimacy at the legislative level,it must be reshaped,so that it can be smoothly introduced into the framework of China's legal system.The concrete ideas of remolding “Patch Type”judicial interpretation include remolding the classification of legislative interpretation and specific application of legal interpretation;adjusting the judicial interpretation power of the Court;constructing the rising mechanism of introducing “Patch Type” judicial interpretation into the legislative process;improving the procedure of the Court exercising the legal interpretation power.Figure 0;Table 0;Reference 54...