On The Allocation Of Legal Interpretation Power In China

As a bridge between principled provisions and operational practice,legal interpretation is not only belongs to the category of the theory of law research, also the inevitable content in judicial practice. Therefore, the legitimacy and rationality of the legal interpretation is particularly important, the key of this problem is the allocation of legal interpretation power.It is not only related to the operation of legal interpretation system, but also affects on the normal operation of the whole legal system. The article begins with the simple concept of the power of legal interpretation in our country,it mainly includes two aspects: One is that analys the meaning of the power of legal interpretion through compared with different scholars’ views.Another one is that sums up the characteristics of the power of legal interpretation and its configuration. In the second part,the current situation of which the configuration of the power of legal interpretation in our country is summarized:In a nutshell,the problom of the subject of the power is pluralism,which means some agencies are not suitable for the subject of the power of legal interpretation.In aspect of the exercise of power,there is certain contradiction when some organs exercise the power of legal interpretation.Finally,the article proposes the corresponding improvement suggestions to the probloms above.The main thing is that the subjects of the power shuold be limited,then turn the gravity of the power to judical.And makes a unified standard for the exercise of the power in many aspects, forms the complementary relationship by combining the guiding cases and judical interpretion.Hoping that the immature preliminary discussion can attract more and more attention to the power of legal interpretation from the theory and practice fields, then they will expand a comprehensive in-depth study. Research on the configuration of the power of legal interpretation,not only helps to solve the current problems also promotes the establishment of a scientific reasonable legal system of our country.