Research On The Excessive Judicial Interpretation Of Criminal Law

The judicial interpretation of criminal law is a further explanation of the provisions of criminal law.Within the scope of the criminal law,it embodies the abstract provisions of the criminal law.As an explanatory document,it is very necessary to formulate and promulgate the judicial interpretation of criminal law in accordance with the legislative intention of the NPC and the statutory procedure of formulating criminal law.Judicial interpretation of criminal law plays an important role in ensuring the unification and correct implementation of national laws and improving the level of legal application.By sorting out and summarizing the judicial interpretation provisions of criminal law from 1997 to 2017 and comparing them with the provisions of criminal law,I found that a large part of the judicial interpretation of criminal law has problems.Due to the legislative rules by appropriate thick shoulds not be fine for a long time,the influence of the content of the criminal law stipulation is too rough and hard to understand,but not clear,extensive to apply in practice,according to the laws that make citizens cannot predict their behavior,law enforcement agencies have no way to deal with difficult cases.In the long term,in order to quickly solve social instability caused by the lag of legal issues,the supreme people's court and the supreme people's procuratorate to the current judicial interpretation of criminal law provisions in.Secondly due to the judge for a little bit difficult case depends on the judicial interpretation and the judge's inertia in the judicial system in our country at present trial rules too negative,forcing projects to develop a large number of judicial explanation of criminal law,eventually led to the problem exists in the judicial interpretation of criminal law.And long-term form of chaos and single criminal law judicial interpretation method,makes the different subject to the same law made different judicial interpretation,the judicial interpretation repetition,chaos caused by explain at the same time only problems or to interpret a single law,lack of explanation of coordination and prospective to become the third reason of excessive judicial explanation of criminal law.Due to the lack of third-party supervision and examination mechanism in our country,the cause of projects illegal use interpretation and then don't need to responsible for the consequences of this frequent against the phenomenon of the legislative intent,indirect judicial explanation of criminal law has formulated and promulgated by the lack of restriction,transition phenomenon appeared.Therefore,it is necessary to find out the way to rationalize the judicial interpretation.Before that,the problem to be solved is how to determine the "degree",that is,the reasonable boundary.So you need to the judicial interpretation was divided by laws and regulations legitimate judicial interpretation to differentiate the boundaries of right,accurately grasp the limits of judicial explanation of criminal law,is particularly important.Path of judicial explanation of criminal law modest is the research in the causes of excessive chemical chaos,roughly divided into the following five paths:detailed legislation rules,namely by setting appropriate fine shoulds not be rules of criminal law legislation from the source to reduce the possibility of making judicial explanation of criminal law;Establish judicial rules of discretion of judges,gift and gradually expand the discretion of the judge,in order to improving the working enthusiasm and the freedom of a judge,improve the quality of the judge's professional quality,coordination,fully apprehend the legislative intent;.Specification of judicial explanation of criminal.law interpretation,formulate unified interpretation criterion includes the system of judicial explanation of criminal law provisions for a dollar that can only be formulated and promulgated by the supreme people's court and standardize the unified judicial explanation of criminal law interpretation,avoid with different interpretation of the phenomenon to appear,but also guarantee the authority of legislation;The establishment of a perfect supervision and guarantee system includes the establishment of the cancellation mechanism of the judicial interpretation of the over-power criminal law and the legalization of the judicial interpretation of the criminal law,providing relief for the illegal interpretation and repeated interpretation.The case system is established to provide abundant case guidance for judges to hear cases.