Multiple Types Of Judicial Interpretation In China

In China,judicial interpretation is the explanation with universal judicial effect made by the highest judicial authorities in the country in terms of specific application of law.In this thesis,judicial interpretation made by the Supreme People’s Court and the Supreme People’s Procuratorate since the founding of the People’s Republic of China is taken as the research object and the author sorts out and analyzes the judicial interpretation in force from its quantity to form,enactment subject to effectiveness of sources of law.It can be found out that in our country,the number of judicial interpretation is tremendous and with chaotic form.Although judicial interpretation plays its unique role in the process of our legal system,the problems such as “legislation of judicial interpretation” and “diversification of interpretation subject” exist in practice.All of these have a serious impact on the unity of legal system and the authority of jurisdiction.As a result,in this thesis,the author makes qualitative and quantitative analysis on the basis of data statistics of a huge number of judicial interpretation in the hope of providing some references to improve the judicial interpretation system.This thesis is composed of four chapters.The first chapter illustrates the definition of judicial interpretation and gives an introduction of the general information of the judicial interpretation in force by data statistics,which includes its classification and development history.The second chapter uses four parts to make an overall description of the enactment subjects of judicial interpretation in China,which explains the situation of “diversification of interpretation subject”and the author also makes a detailed analysis of the legitimacy of interpretation subjects.In the third chapter,the author introduces the judicial interpretation’s effectiveness of sources of law and demonstrates its function and status in the application of law on the basis of data statistics and objective situation.In the fourth chapter,the author describes the forms and realistic conditions of “legislation of judicial interpretation” by data statistics and also provides some reasonable suggestions.