The Problems And Perfections In Current Criminal Judicial Interpretation

Criminal judicial interpretation is our country criminal justice and order the importantsystem, it is an important part of judicial interpretation, it to the safeguard of the penal codeand criminal laws and regulations to carry out and implement the correct plays a veryimportant role. In our country criminal law is the most severe law department, the criminallaw provisions often involved in citizens’ personal liberty and the right to life, thischaracteristic determines the interpretation of criminal law for the need to focus on exercise.The judicial interpretation of the criminal law for the concentration of exercise, on China’shuman rights protection, punishing crime has a very important role. Criminal judicialinterpretation is to overcome the advantages of the penal code in China the hysteresis andcriminal laws and regulations of fuzziness, adapt to the current social changes anddevelopment, to guide our country criminal trial plays other system irreplaceable role. Ourcountry’s current judicial interpretation system is a level of binary system, China’s this judicialinterpretation system is not very perfect, our country criminal law in the judicial interpretationproblems mainly include: explain confusion main body, the people’s court and the people’sprocuratorate have the judicial interpretation, is very easy to create the judicial interpretationof the criminal law of contradiction; Judicial interpretation effect contradiction; The judicialfunctionaries of legal interpretation level is low; Judicial interpretation form not uniform;Explain the lack of supervision and so on. The existence of these problems has affected ourcountry criminal law function play, to the detriment of the legitimacy of the criminal law.Therefore, to construct a scientific and reasonable interpretation mode is to solve the currentjudicial interpretation of the criminal law of the problems existing in the key, has theextremely important practical significance.The paper is divided into four parts as following:The first part, the basic theory of criminal judicial interpretation is analyzed. Mainlyinvolves the concept of judicial interpretation of the criminal law, the definition of criminaljudicial interpretation of generation and development, based on this, proposed the criminaljudicial interpretation of characteristics, that is, explain object specificity, and explain thediversity of form, explain the contents of the judicial, explain the effectiveness of universality.The second part, this paper reveals the current criminal law judicial interpretationproblems, mainly including the main judicial explanation is not clear, judicial interpretation effectiveness are contradictory, judicial interpretation level is low, judicial interpretation formnot unified, judicial interpretation ’lack of supervision and other aspects of content.The third part, the present criminal law problems existing in the judicial interpretation ofthe reasons for the in-depth analysis, thus draw the following conclusion: one is the presentcriminal law judicial interpretation subject chaos; The second is the current criminal judicialinterpretation methods and purpose to coordinate; The third is the current criminal judicialinterpretation consciousness fuzzy; The fourth is the current criminal judicial interpretationmethod scattered chaos; Five is the current criminal law judicial interpretation restrictionmechanism lack of power.The fourth part, mainly in the third part of the problems put forward in the exploration toperfect the current criminal judicial interpretation of several Suggestions: one is to should bestrictly provisions of the main body of the judicial interpretation of the criminal law; Thesecond is to realize criminal judicial interpretation method and purpose to coordinate; Thethird is to overcome the criminal judicial interpretation consciousness fuzzy phenomenon;The fourth is to do criminal judicial interpretation method is harmonious and unified; Five isto raise the judge’s level and quality, Six is to perfect the relevant supervision and restrictionmechanism. Through the above analysis, we want to present criminal law in our countryjudicial interpretation of scientific construction of benefit.