Study Of And Countermeasures For"Legislation" Of Judicial Interpretation

Judicial interpretation is an important basis of China’s judicial practices, and it has played a pivotal role in making up legal gaps, unifying legal applications and accumulating legislative experience. However, in recent years, the "legislation" of judicial interpretation, especially the judicial interpretation of the Supreme People’s Court (hereinafter referred to as the Supreme Court) has become an increasing concern and attention. In terms of the reasons for the "legislation" of judicial interpretation, theorists and practitioners have basically achieved a consensus. But there are different opinions on how to understand and evaluate the "legislation" phenomenon of judicial interpretation, and its impact on the rule of law and how to solve the "legislation" of judicial interpretation. This paper mainly establishes the judicial interpretation of the Supreme Court as a research object, and proposes the ways and measures for rule-of-law judicial interpretation by analyzing the connotation, features, specific performance, and existing problems, disadvantages and causes of the "legislation" of judicial interpretation. It gives a concept of reconstitution of the judicial interpretation system, including its main body, form and content. Classification of the different fields of law application and definition of judicial interpretation authority are particularly highlighted. Countermeasures for perfecting judicial interpretation are put forward from an angle of convergence of legislative system and judicial system, so that the function of judicial interpretation is exerted in the harmony of judicial power and legislative power.