Research On The Motivation Mechanism And Operation Mechanism Of Judicial Interpretation Documents Of Local People’s Courts

The judicial interpretation documents issued by local people’s courts are still active with repeated prohibition by the Supreme People’s Court and the Supreme People’s Procuratorate concerning doubtful legality,multiple issuing subjects,and confusion between normative and non-normative contents.An analysis of judicial interpretative documents by various types based on the static form dimension and dynamic implementation mechanism reveals that local judicial interpretative documents started with the complex judicial practice and the insufficient judicial resources for judicial interpretation,and existed in the pressure-based system and the administration of justice.The administration of justice in promoting the rule of law in local governance by means of "justice",implementing relevant judicial policies flexibly,and maintaining the play an important role operation of society.Therefore,it is important to reconceptualize local judicial interpretative documents,reposition their role in local judicial Practice,Review their irreplaceable potential value in the process of local governance,update and improve the provisions of China’s relevant superior laws to provide support for their rationality and legality,set local people’s courts and procuratorates to be the subjects for issuing judicial interpretative documents exclusively,and clarify the scope of documents that are "related to the application of law",clarify the priority of their effectiveness compared with the judge’s discretion and refine the scheme of the corresponding supervision by the local people’s congresses and their standing committees,the supreme people’s courts and procuratorates,and the public,so as to achieve the goal of promoting the benign operation of local judicial interpretative documents and speeding up the process of judicial reform in China.