The Optimization Of The Allocation Of The Power Of Legal Interpretation In China

The power of legal interpretation in our country refers to the power of interpretation and explanation made by special organs to the legal meaning with the highest effect and general binding force on all state organs.Its main function is not only to clarify the specific meaning of the law,but also to unify the understanding of the law,so as to solve the problem of different understanding of the law between various organs.According to this understanding,the power of legal interpretation exercised by the Standing Committee of the National People's Congress belongs to the power of legal interpretation in the sense of the constitution,while the applied power of interpretation of the law by the Supreme People's court and the Supreme People's Procuratorate does not belong to the power of legal interpretation in the sense of the constitution,but is a subsidiary power contained in the judicial power(trial power and procuratorial power).Due to some scholars' improper confusion between the applicable interpretation power of the Supreme People's court and the Supreme People's Procuratorate and the legal interpretation power of the Standing Committee of the National People's Congress,they believe that the legal interpretation power of our country is shared by the Standing Committee of the National People's Congress,the Supreme People's court and the Supreme People's Procuratorate.Based on this understanding,some scholars further proposed that,because the function of the Standing Committee of the National People's Congress in exercising the power of legal interpretation is not good,the reform direction of the power of legal interpretation in China should be to allocate the power of legal interpretation to the supreme judicial organ or to share the power of legal interpretation by the Standing Committee of the National People's Congress,the Supreme People's court and the Supreme People's Procuratorate.This view is because the real meaning of the power of legal interpretation is not clear.Only by correctly understanding the constitutional meaning of the power of legal interpretation,can we accurately realize that although the operation of this system is not perfect in practice,the allocation of the power of legal interpretation to the Standing Committee of the National People's Congress in China's constitution and legislative law is generally in line with Chinese national conditions and constitutional design of the national power allocation system.The establishment of the allocation system of the power of legal interpretation is not based on people's subjective will,it is inevitable.Of course,there are still many problems in the operation system of the legal interpretation power designed by the Legislative Law: the scope of the exercise of the legal interpretation power stipulated by the legislative law does not reflect its function of unified legal understanding,the narrow subject of the legal interpretation power causes the activation of the legal interpretation power to be very passive,and the lack of the examination procedure for the request makes the legal interpretation power even less Lack of flexibility.These problems lead to the lack of initiative of the Standing Committee of the National People's Congress in the power of legal interpretation and the fact that it does not often exercise this power.In view of these problems,it is necessary to further optimize the allocation system of the power of legal interpretation,expand the scope of the exercise of the power of legal interpretation,reflect its function of unifying the legal understanding,enhance the initiative of the exercise of the power of legal interpretation,and restrict the joint interpretation of other departments;expand the subject of the exercise of the power of legal interpretation,establish the reviewprocedure for the request,and further enhance the exercise of the power of legal interpretation to limit the form of judicial interpretation by the Supreme People's court and the Supreme People's Procuratorate,to guarantee the exercise of the power of legal interpretation of the Standing Committee of the National People's Congress in an all-round way,and to give full play to the function of the power of legal interpretation.