Research On The Judicial Interpretation System Of Our Country

Our country belongs to statute law,whose character is abstract and general.However the law should bear the specific meanings when they are applied,the best way to deal with the problem is to interpret the law.Judicial activities could function smoothly through clarifying the meanings of abstract legislative articles and providing a specific lead for the application of law.The earliest stipulation about the judicial interpretation is the resolution on strengthening legal interpretation which is put forward by the Standing Committee of the National People's Congress at the 1981 years.According to the document,Only the Supreme People's Court and Supreme People's Procuratorate have right to interpret the law,which means that the right of interpreting the law has been allotted to supreme judicial apartment,formulating dual-core single-level judicial interpretation system.The formulation of judicial interpretation system symbolizes normalization of judicial interpretation,however,the hamper of judicial interpretation system leads to so many issues,which manifests a lot of problems after our judicial interpretation system enforces several years later,such as contradiction of judicial interpretation between the Supreme People's Court and Supreme People's Procuratorate,legislation of judicial interpretation,unlawful explained main body implementing the right of judicial interpretation and concentration of power of judicial interpretation.All these problems greatly influence the course of exercising rule of law,so we should take some measures to optimize our judicial interpretation system.Some experts call for that the right of Supreme Procuratorate's judicial interpretation should be abolished so that the phenomenon of contradiction of judicial interpretation between supreme judicial apartments could be disappear.But what we should understand is that the judicial system is the premise of the judicial interpretation system,it is unsuitable to change our judicial interpretation system unless the judicial system change greatly,and the judicial interpretation system should optimize withing the current framework,so the explained main body of supreme people's Procuratorate should be maintained.We should persists dual core explained main body,and the contradictions between judicial interpretation could be solved through clarifying the interpretation range,reinforcing joint interpretation and setting a scientific interpretation rules.Furthermore,inferior judicial authorities and judicial personnel need to be granted the right of judicial interpretation,which could avoid the phenomenon that legalinterpretation is separate from the application of law because of concentration of power of judicial interpretation,which means that we should implement dual-core multilevel judicial interpretation system.What's more,we could avoid legislation of judicial interpretation through strengthening the supervision towards the judicial interpretation?carrying out legislative interpretation?improving the filing and inspection mechanism for the judicial interpretation and reinforcing the remedy mechanism toward the illegal interpretation.In the end,we should strictly standardize the explanatory main body to avoid the illegal explanatory subject that jointly issues the judicial interpretation,ensuring the judicial independence,I hope that we could promote the rule of law in China through taking these measures to improve our judicial interpretation system.