Research On The Judicial Interpretation

The judicial interpretation is the vital component of our legal system. It plays an extremely important role in adjusting the social relationship, guiding the adjudication of the people's courts at various levels, applying our laws to our daily life and enhancing the socialist legal system.In 1981, NPC Standing Committee stipulated Resolution on Enhancing Law Interpretation. This document holds that it is the Supreme People's Court of China and the Supreme People' s Procuratorate of China that have the right to interpret law in the judicial field, i.e. the legal interpretation given by them is "the judicial interpretation" . This article is aimed at the research on the judicial interpretations set up since the foundation of China. The article consists of three parts.The first chapter of this article introduces the concept and connotation of "judicial interpretation" in China, as well as the difference from that of the western countries. It points out, due to the insufficient legislation early after the foundation of China, the substitutional policy of the judicial interpretation and the demand for the management of the court system itself were the two prime factors for the existence of the judicial interpretation given by the Supreme People's Court. The second part of this chapter makes an introduction of the evolution of the judicial interpretation of the Supreme People's Court.The second chapter exposes a series of problems of the present judicial interpretation system of the Supreme People's Court with the advocacy of rule by law, including questioning of the validity of the judicial interpretation right of the Supreme People's Court, legitimacy Crisis of the judicial interpretation subject, improper regulation on the judicial interpretation effect and nonstandard procedure of making judicial interpretations, etc.Based on that, the third part of this article holds that a "Judicial Interpretation Law" should be made by National People's Congress to improve the judicial interpretation system. The "Judicial Interpretation Law" shall explicitly grant the "Paralegal status" to the Supreme People's Court, define the Supreme People's Court as the subject of the final judicial interpretation right, the Supreme People's Procuratorate, the subject of the limited judicial interpretation right, outline the scope of the judicial interpretation, and improve the forms of it, grant the judicial interpretation effect on the typical cases to the Supreme People's Court; and it shall formulate the procedure of making judicial interpretations, so as to improve the judicial interpretation system and bring the it into better play in our social life.