Study On The System Of Judge’s Interpretation After The Court Decision

In November2005, the supreme people’s court presided the working conference onthe trial. The session, Because the vigorously promoted of the supreme people’scourt,the system of judge’s interpretation after the courtdecision,that consists ofseveral basic court first try began in the nationwide to scale. This system can be in thenationwide scale as the main reason that: in the judicial practice, this system toprevent the blind, appeal and complaint the curb the spread of the complaint involvinglawsuit has played a positive role, obtain good effect. However, this system since thepromotion in theory encountered a number of queries. The question is summarized upthat sentenced to the system of judge’s interpretation after the courtdecision based oninterest rates XiSu hinder, resolving conflicts, and maintain stable politicalcalculations, break through the traditional judicial theory, expand the scope of thecourt, blurring the boundary of the legal and political, sentenced to answeringquestions after system and legal standards.This paper fully noticed sentenced the system of judge’s interpretation after thecourtdecision.in the judicial practice the positive effect and it in theory faces all sortsof questions and challenges. Neither of the system following the theory ofmetaphysics criticism do, also do not meet in practice in the positive results. But bythe system of empirical research, focus on practical rationality, the existing results andpractical significance and fair evaluation, also pointed out that the implementation ofthe system in the process of the system and the problems highlighted in essence limits.And then the system on the background and the analysis of the characteristics of it inthe next step in the development of the regulation of how to strengthen the law dosome analysis, and put forward its own proposals. Finally, this article through tosentenced to the system of judge’s interpretation after the courtdecisioncomprehensive study of the prediction of the system finally development direction. Inaddition to the full introduction has six parts. The first part, through the empirical study, this paper reveals the system has theachievements of the practical significance and, points out its complaint in containinginvolving lawsuit,maintaining social stability of the practical rationality, and tosafeguard judicial authority, and enhance the acceptability of the judgment on thepositive role. And also pointed out the system in the implementation of the highlights.The second part of the system on the analysis on the introduction of the background,points out that the increasingly serious social contradictions and intensified thecomplaint involving lawsuit directly led to the form of the system. Three mainanalysis of the specific content of the system, the system in the judicial practiceoperation level of detail problems are analyzed and related to answer scope of cases,the start of the main body and the answer way, answering staff arrangement and so onmany issues. The fourth part mainly analysis the characteristics of the system ofjudge’s interpretation after the courtdecision summarizes and analyzes the transitional,informal sex, limitations and so on three characteristics. The fifth part explain,sentenced the system of judge’s interpretation after the courtdecision in futuredevelopment process in the legal regulation problems and focus on the legal andrational principles, strengthen to psychological intervention, and perfecting necessaryprocedures on three aspects of the problem. The last part, Comprehensive full text,Weto forecast the development of the system that It will with the judgment to perfect thesystem of the reasons things out to appreciate。...