On The Judges' Power Of Legal Interpretation Of Individual Cases In China

In the actual judicial judgment,the judges inevitably has to interpret the law.The accurate interpretation of the law is the prerequisite guarantee for the judges to apply the law accurately and make fair judgments.However,in terms of legal system,according to the allocation of the power of legal interpretation in China,the power of legal interpretation is allocated to the corresponding legislative,judicial and administrative organs.The judicial interpretation power in the legal provisions is had by the Supreme People's court and the Supreme People's Procuratorate.The power of legal interpretation in the field of trial is had by the Supreme People's court.As for whether judges have the legal interpretation power for the cases,the judges are not granted the power of legal interpretation through the formal legal provisions in our country.The reason for the contradiction between legislation and reality is summed up in the fear that giving the judges the power of legal interpretation of individual cases will lead to the expansion and Arbitrariness of power,which cannot be restricted.But The current situation makes the judges' power of legal interpretation in a laissez faire state in fact.The establishment of the judges' legal interpretation power through legislation is not only the source of the legitimacy power which make judges interpret law in the cases more actively,but also the norm of the judges' legal interpretation power.We should realize the necessity of the judges' power of legal interpretation of individual cases,establish the judges' power of legal interpretation of individual cases through legislation according to the actual needs of China,and restrict and supervise it.The necessity of the judges' power of legal interpretation is mainly reflected in the following aspects.Firstly,It is necessary for judges to interpret the law on the cases.The abstract and fuzzy legal language requires the judges to interpret the law in the cases and connect the abstract and fuzzy legal provisions with the Legal facts of the cases.The law is not perfect.And there are loopholes in the law which need the judges to fill in the loopholes.Social life is also complex and changeable,while thelaw is abstract,fuzzy and lagging behind.It requires the judges to interpret the law in the cases in order to adapt to the situation.When judges judge cases,they should not only consider the legal effect,but also pay attention to the social effect.The social effect is considered in the scope of law to achieve social effect through Legal Interpretation of Individual Cases.Secondly,the profession of judges require the judges to interpret the law in the cases.The judges can't refuse to judge the cases.Power of legal interpretation of individual cases is the premise that the judges apply the law.It is the judges' duty to apply law to judge the cases.Establishing the judges' power of legal interpretation of individual cases through legislation is the professional need to improve the efficiency of judging cases.It is the need of the development of judges' professional independence to establish judges' power of legal interpretation of individual cases through legislation and let the judges independently exercises the power to interpret the law within the scope of the power.Thirdly,establishing judges' power of legal interpretation of individual cases through legislation is of great significance to strengthen and standardize the judges' legal interpretation.It is the need to improve the initiative of judges in legal interpretation of individual cases to solve the problem that the judges apply the law mechanically.It is the need to prevent the exercise of judges' power of legal interpretation of individual cases from being in a laissez faire state in fact and standardize the judges' legal interpretation furthern to solve the problem that judges interpret law excessively in the cases.It is the need to strengthen and standardize the interpretation of judicial documents to solve the problem that judges don't write the interpretion of law or interpretation of the law is Insufficient in the judicial documents.In view of the absence of judges' power of legal interpretation of individual cases,on the one hand,it needs to be established through legislation.The power of legal interpretation in the field of trial is allocated to the Supreme People's court and judges at all levels of the court,which can be established and distinguished in the Legislation law and Organic Law of the people's court.The duty of the Supreme People's court is to make a unified judicial interpretation with universal binding force,and the power of legal interpretation in individual cases is granted to the judges in charge ofIndividual cases.This not only does not conflict with the current allocation system of legal interpretation power,but also solves the drawback that the power of legal interpretation in the field of trial is unified in the Supreme People's court.On the other hand,it is necessary to restrict and supervise the exercise of the judges' power of legal Interpretation of individual Cases.This restriction and supervision can be considered from the following aspects:the restriction of legal interpretation methods and rules;the system restriction in judicial procedure;the judges' self-regulation and restriction;the cultivation of the judges' thinking of legal interpretation of individual cases;guidance on Guiding opinions of the Supreme People's Court on strengthening and standardizing the interpretation and reasoning of judicial documents.