The System Of Judge's Interpretation After The Court Decision

In recent years ,it tends to have more and more the lawsuit and the letters of complaint from the people and the calls they make to lodge complaints ,and shows the new situation that have occurred a leapfrog appeal ,such as unreasonably high proportion of letters .This will undoubtedly build a harmonious society is a major resistance ,which greatly damaged the image of justice in the hearts of the people ,so aroused ,especially the close attention of national leadership .In order to control Complaint Letters and Visits ,the Supreme Court implement the system of judge's interpretation after the court decision .With the unremitted efforts of the Supreme Court ,the system of judge's interpretation after the court decision has been adopted in the court at all levels across the country one after another pilot.By analyzing the practical effectiveness of judge's interpretation after the court decision ,this article points out that it is hard to meet the expectation of the Supreme Court given the practical effectiveness of the system of judge's interpretation after the court decision .But in the context of the lack of reasoning in the judgments ,it is significant in the practice .The judge's interpretation should play a role as a mechanism which control judge .On the one hand ,judge disclose the formation of free proof ;on the other hand ,the judge is responsible for the results of judge's interpretation ,and assume the risk of miscarriage.This passage includes five parts:First part gives a brief introduction of the system of judge's interpretation after the court decision ,including the concept and main characteristics ,the reality and theory ,the design combined with local court typical regulation of two different modes of operation—the traditional model and innovative models.Part 2 deals with the practical effectiveness of two models, by statistical data and some news reports.Part 3 by analyzing the practical effectiveness ,the author attempt to show that ,though it plays an important role on legal education ,making up for lack of Article and improving trial ,the judge's interpretation has many undeniable shortcoming ,such as placing heavier burden on the judges ,breaking the judicial neutrality and making proceedings in predicament.The 4th part of this passage pay attention to the reason of the limitations .It is the source of the limitations that emphasis on the purpose of avoiding Complaint Letters and Visits only ,and not a legitimate exercise of jurisdiction.In the last part, the author attaches attention to the improvement suggestions to the judge's interpretation, such as uniform norm of the system, coordinating it with concerning system and strengthening procedure and responsibility.