Research On The Conflict And Perfection Of Legal Interpretation In China

In the existing legal interpretation system,many departments in China have the right of legal interpretation,including legislative interpretation,judicial interpretation and administrative interpretation.However,there is no unified management system among these interpretation subjects,resulting in various conflicts and contradictions.Therefore,starting from the concept of statutory interpretation in our country,this paper analyzes and discusses the conflicts and contradictions among the interpretation subjects in our statutory interpretation,and puts forward some measures to improve the conflicts.This paper is divided into five parts:The first part begins with the concept of legal interpretation in China,and discusses the components of legal interpretation system in different categories,including the development of legal interpretation,the necessity and significance of legal interpretation,and the current situation of legal interpretation in China.The second part discusses the problems existing in the legal interpretation in China,and analyzes the contradictions existing in the legal interpretation from two aspects: the internal legislative interpretation and other interpretations.Among them,the internal contradictions existing in the legislative interpretation include: the infringement of the legislative interpretation function by legal interpretation and the contradiction between legislative interpretation and legislation.External conflicts mainly include the abstract tendency of administrative interpretation and judicial interpretation,which seriously infringes legislative interpretation.There is also the conflict between the Supreme People’s Court and the Supreme People’s Procuratorate in judicial interpretation.And discuss these problems and analyze their consequences.The third part mainly analyzes the causes of the conflicts and contradictions in the legal interpretation in China from the legislative level and the practice of rule of law.And in view of the conflicts existing in the legal interpretation,the corresponding improvement measures are put forward.Among them,the perfection of legislative interpretation mainly starts from strengthening the whole people’s regular exercise of legislative interpretation function,and standardizing the procedure and subject of legislative interpretation.The perfection of administrative interpretation consists of clarifying the subject of administrative interpretation and standardizing the abstract behavior of administrative interpretation by promulgating laws.The measures to improve judicial interpretation include: the Supreme People’s Procuratorate and the Supreme Law jointly issue judicial interpretation to avoid conflicts in judicial interpretation.Strengthen the role of legislative interpretation and reduce the frequency of judicial interpretation to solve the problem of universal legislative interpretation.The fourth part,as a summary of the full text,gives a brief overview of the conflicts existing in our legal interpretation and the improvement measures.