| The most significant factor in constructing a country under the rule of law is to protect judicial justice.When the lawful rights and interests of social entities are unlawfully infringed and the victims appeal to the judicial authority for the fair trial,whether the judicial interpretations of the law are reasonable and legal will effect many people.Gadamer believes that “understanding” can be equated to “interpretation”,the interpreter cannot make the work present its meaning without understanding the work.Looking at the viewpoint from the point of view of judicial interpretation,provision of law demands to be interpreted and understood in judicial activities to better demonstrate their meaning.Judicial interpretations are indispensable in the process of law application.Judicial interpretations currently have many positive effects on our country’s judicial practice.In judicial practice,the documents that judges and lawyers cannot avoid are the judicial interpretations of the court.The judicial interpretations of the court have been relied on by judicial activities year by year.Therefore the judicial interpretations of the court have become more and more powerful,and even tends to replace the legislative interpretations.,the courts have made relevant interpretations on the laws in various fields involved in our country’s judicial activities.The interpretations compiled by Judicial organs mainly include the interpretations compiled by the courts,in addition to the interpretations compiled by the procuratorial organs.Because of the particular functions and responsibilities of the court system,the judicial interpretations made by it occupy a very important position in the overall judicial interpretations.At present,there are many problems with the development of the governance of using law in judicial interpretations of courts in our country.Firstly,the subjects of judicial interpretations are chaotic and lacks restraint and management of the subjects of interpretation.Within the court system,only the Supreme Court has the authority of making interpretation.The district courts and judges are not authorized to conduct judicial interpretation.However,they have repeatedly made case interpretations.At the same time,they have formulated many judicial interpretation documents to regulate local judicial activities.At certain times,the interpretations of the same objects by multiple subjects may overlap and conflict,which will inevitably lead to a lot of judicial interpretations’ debate.Disputes disrupt the development of normal judicial activities.The existence of this kind of interpretation will not only reduce the judicial confidence and finality,but also lead to confusion in the judicial operations of the court itself,and reveal judicial interpretation activities lacking sufficient and effective supervision and management.Hegel once put forward a philosophical theory,that is,"As long as the reality exists,it has a certain degree of rationality,and as long as it is reasonable,it has a certain degree of reality." The chaotic phenomenon of the subjects of judicial interpretation in the current society must have its reasons and rationality,but it may not have legitimacy.Secondly,the judicial interpretations of the Supreme Court have a tendency to invade the legislative power,the judicial interpretations have made strong legislation meaning,although the interpretations of the Supreme Court can remedy the disadvantage of the legislation,but China is a country with statute laws essentially,only the legislature has legislative authority,the Supreme Court dose not have the right to "pass laws",which makes judicial interpretations beyond the interpretation of the legal text challenges the legal status,this situation has created a conflict of values.At the present stage,people have discussed court judicial interpretation,in our country’s academic circles.After the concrete research of the problems of current court judicial explanations in learning and legal operations,the thesis determines to study the belonging of the power of making judicial interpretation in courts,and the regulation of the power of making judicial interpretation.Systematically to state the subjects of our country’s court judicial interpretation,the right disputes of judicial interpretation in courts.Emphasize the effect of judicial interpretations of the courts,use a variety of study means and expressions,and think up more viewpoints for the study on the subject and authority of judicial interpretations.Explain the effective measures that can be taken to solve different difficulties of the current judicial interpretations of the courts in China.From the theoretical level,to provide some ideas to eliminate the controversial issues in the judicial interpretations of the court,and finally gradually realize the aspiration of a wider range of judicial justice.In judicial practice,if many non-statutory subjects continue to indulge in a large number of interpretations of the law,and ignore the Supreme Court’s interpretation of infringing legislation,these situations will inevitably disrupt our country ’ s legal interpretation system and greatly reduce the standardization and order of our country’s judicial activities.The supervision of court judicial interpretation is an important issue that cannot be avoided. |
