The Study Of Criminal Judicial Interpretation In China

Since the founding of the People's Republic of China, the uppermost judicial government has intervened criminal judicature by issuing the judicial interpretation. In regard of the judicial interpretation which also includes Criminal judicature interpretation, academicians in China have done a wide study of this field. Since the legislation is very limited about judicature interpretation while the practice about judicature interpretation is very active, besides a little study involved in the repeatability of the present judicature interpretation, many of the studies are focused on the normalization of the present regulation. This paper is drafted to study the judicial phenomenon of our judicature interpretation. Standing on the practice, the writer supposes to analyses the lacuna of the judicature interpretation. He has sufficiently stated the dilemma of the Two-system judicature interpretation and the tendency of the judicature interpretation legislation, meanwhile, he has also pointed out the restructure and the routine of our judicature Interpretation.