Research On The Standardization Of Judicial Interpretation Of Criminal Law

Judicial interpretation of China's criminal law has existed since the founding of the People's Republic of China and has been developing for decades.During the period,judicial interpretation of criminal law has solved many problems in judicial practice,but with the gradual increase of provisions and the increasingly complicated system of judicial interpretation of criminal law,many problems It has also gradually become more prominent,such as the existence of a large number of unauthorized subjects issuing judicial interpretations,interpretations of power overriding,analogy interpretations,contradictory explanations,chaotic interpretations,etc.Based on the "Comprehensive Criminal Law and Judicial Interpretation of the People's Republic of China" and the judicial interpretation issued by the Supreme People's Court,the author conducts statistics and analysis of China's criminal law judicial interpretation,summarizes the current status and existing problems of China's current criminal law judicial interpretation,and then combines scholars The point of view,put forward the idea of special legislation,trying to make China's criminal law judicial interpretation system more perfect.The full text includes three parts: the study of the types of judicial interpretation of criminal law,the analysis of problems in judicial interpretation of criminal law in China,and the standardization of judicial interpretation of criminal law.The first part of the category research on judicial interpretation of criminal law first introduced the overview of judicial interpretation of criminal law,and then carried out statistics and analysis of criminal justice documents,typed statistics and analysis of judicial interpretation of criminal law,judicial interpretation of criminal law and other types of documents.The horizontal and vertical comparison of statistical data analyzes the problems of judicial interpretation of China's criminal law.The second part summarizes the current problems in the judicial interpretation of China's criminal law through the foregoing analysis,such as the chaotic formulation of the judicial interpretation of the criminal law,the inconsistent forms of judicial interpretation,and the significant effect of quasi-judicial interpretation,but the effectiveness has not been determined by the law and the judicial interpretation has been reviewed.Lack of error correction mechanism.The third part is the standardization of the judicial interpretation of criminal law.The author tries to put forward the path and plan of standardizing the judicial interpretation of criminal law in our country through the suggestions and researches of other experts on this kind of problems and the analysis and induction of this issue.The author believes that it is possible to make special legislation for legal interpretation,analyze its necessity and feasibility,and then ask how to build a perfect judicial interpretation system in special legislation,so as to solve the problems existing in China's criminal law judicial interpretation.The "Law of Legal Interpretation" is a comprehensive regulation of judicial interpretation,including both judicial interpretation of criminal law and judicial interpretation of other departmental laws.The main body of formulating is the most complicated,and its demand for conflict resolution is also the most urgent.Most judicial interpretation conflicts in judicial practice appear in criminal law judicial interpretation.At the same time,criminal law judicial interpretation relates to the most basic right of the people-personal freedom.Therefore,constructing a legal interpretation law with the judicial interpretation of criminal law as a starting point can not only cover the common problems of multiple departmental laws in the formulation of subjects,procedures,and types of documents,but also solve conflicts or errors in judicial interpretation.Personality issues that appear in the explanation.