A Study On Status Of The Supreme People’s Court’s Judicial Interpretation In Source Of Law

Judicial Interpretation, as a manifestation of China’s legal norms, has beenplaying an important role in the maintenance of judicial unity and trial stability ofmany fields since the founding of our country, but some critics and negative soundssuch as the arrogation of legislative power makes the sources of law status ofSupreme People’s Court’s judicial interpretation face a lot of challenges. This makes itnecessary for the establishment and justification of the source of law status and forthe maintenance of its rightful status in our legal norms system.First of all, this thesis will make a specific definition of the concept of legalsources, only "stereotypes" the outer frame can the internal capacity and level bemeasured and determined. To sort out the level of effectiveness of the judicialinterpretation under the context of our country, and point out that, relative to the caseof judicial interpretation, this paper used it on the normative significance of judicialinterpretation. Based on the definition of previous two concept domains, at last, thisthesis stripped out the proper means of the Supreme Court judicial interpretation, andpointed out its various features.Then is the real theme of the thesis, which is in order to give a clear definition ofthe method source status of the judicial interpretation of the Supreme Court.Previously, the author pursued the meaning of the sources of law status of judicialinterpretation of the Supreme Court. Based on the characteristics of the times, thethesis made the division of several stages since the foundation of our country, andrespectively expounded the historical rheological process of the Supreme Court’ssources of law status of judicial explanation. Through the description of the currentsituation provided by the investigation of implementation of judicial interpretation,provide the prospect and expectation for this thesis to get the final conclusion.In the third part of the thesis, on the basis of domestic theoretical controversy,analyzed the sectional disagreement theory node, with the view of the rationality andlegitimacy.we make a deep interpretation at the aspects of the existing provisions ofnational law, judicial law-making, the reality necessary of judicial interpretation of the supreme judicial court, and realization of legal targets of the Supreme Court, toget the conclusion that the judicial interpretation of Supreme Court should be theformal source of law in China.The conclusion of judicial interpretation of Source of law status of the SupremeCourt just made its value position in the judicial structure clear, and with theincreasingly demanding standards of legal regulation and the degree ofstandardization, the Supreme Court judicial interpretation itself has its own factorsneeds overcoming and improving. Only in this way, can its own source of law statusbe strengthened, and to serve the process of building the rule of law in our countryfully and effectively. For this reason, the thesis give some ways in the final tostrengthen source of law status of judicial interpretation of the Supreme Court, that’sin externalities, to strengthen its association with the source of power; apply morescientific and rational explanation in its implementation; remove or replace judicialinterpretation in form of "approved"; achieve the transition from active to passive indynamic orientation, to conform to its own characteristics of Judicial humility andpassiveness.