Improvement Of China’s Criminal Judicial Interpretation Under Principle Of Legality

Judicial interpretation of criminal law is in all countries. In the most countries,the judges are the main body of judicial interpretation. But judicial interpretation inchina has local characteristics. Judicial interpretation of criminal law plays animportant role in the criminal justice. Judicial interpretation of the Criminal Law tothe present has formed a relatively mature system in china. And it has a certainpositive role in the construction of China’s Criminal Law. But we have the uniquecriminal justice interpretation mode. Not only is the main body of the judicialinterpretation unreasonable, but also caused that a large number of judicialinterpretations promulgated so far are conflict with the principle of legality. Thereforeit must be perfect. But there are two ways to how to improve it; it includes repair andreform debate. The purpose of this study lies in the reconstruction of our country’scriminal justice explain mode from the principle of legality. At this stage, we shouldbe retained on the Supreme People’s Court‘s the power of interpretation. And let it asthe only body of interpretation. Then we complete the system through the guidingcase. But we should choose the judge as the body of interpretation at last. The guidingcase should also be retaining. In the first part, the author explains the relationshipbetween the principle of legality and the criminal justice analysis at first, then theauthor emphasizes on that the criminal justice should be explained under the principleof legality. In the second part, the author analyzes the principle of legality with therequirements of clarity and statutory for criminal justice explained. In the third part,the author discusses the problems in China’s judicial interpretation. First, the authorexplores the problems of the main body of China’s judicial interpretation. TheSupreme People’s court and the Supreme People’s Procuratorate as the subject ofcriminal judicial interpretation is unreasonable, and in real life, the body that releases“quasi judicial interpretation” is varied and confusing. Secondly, the author explains the problem of "quasi-legislative". A large number of judicial interpretation wasissued, and there exists the phenomenon that the judicial interpretation to create,modify, supplement the existing legal norms. Finally, the author expounds thetechnical aspects of the judicial interpretation. In the forth part, the author points outthat we reform the judicial interpretation mode right now is unrealistic at first, thenthe author propose the solution at this stage. Secondly, the author points out thatChina will eventually have to go to the judge explained and explain the reason thatwe choose this mode from three aspects. Then the author points out the premise ofreform needed and the specific measures. The author points out that the guiding casesystem should be retain in conclusion.