A Research On The System Of Judge’s Interpretation After The Court Decision

The system of judge’s interpretation after the court decision(SIACD)is the judicial reform experiment that implemented by the judicial authorities spontaneously.Its implementation has aroused widespread concern in the circles of theory and practice.However,at present most discussions are focused on its abolishment.This article has no intention to join the discussion of its legitimacy.The author attempts to discuss the SIACD in the perspective of the criminal trial by comparison,analysis and conclusion.The article includes five parts as below:Part one,the summary of the SIACD.The author firstly introduces the origin of SIACD.It generates in the grassroots courts spontaneously under the background of the pressure created by numerous LLC(The lawsuit and the letters of complaint from the people and the calls they make to lodge complaints),and gradually being introduced into the field of criminal procedure.Then the author introduces the concept and practice of SIACD.Finally the author discusses the SIACD has been questioned,such as its position,the relationship with the neutrality of the judge.Part two,the author discusses the practical benefits of SIACD in criminal case.The reason of SIACD in criminal case has been developed so rapidly is that the existing judicial system has "bottleneck effect" to the realization of the interests of all parties,unless through reform,it will be difficult to get out of the current predicament.In terms of the system to normal operation,SIACD in criminal case must meet two conditions.One is the litigant has the willingness to listen to the judge’s interpretation.It means that he can reduce the loss of his interests and obtain corresponding gains.The other is the court as a judicial leader will have sufficient power to carry out such a new system adjustment.In the third part of this article,the author analyzes the main problems existing in current SIACD in criminal case.Firstly,the status of the procuratorial organs is not conformed in SIACD.Secondly,there is a lack of basis for dialogue between the judge and the litigant.Thirdly,the function of SIACD in criminal case has gradually been alienated.Fourthly,there is no effective regulation for the judge,and the litigant is lack of remedy.The last part,the author will make a prediction for the development of SIACD in criminal case.The Application scope of SIACD in criminal case will be further expanded.And its function will also be fully excavated.On this basis,the author puts forward specific recommendations to improve it.