Research On Judicial Interpretation Filing And Examination

The examination of judicial interpretation filing is an important part of the system of standard document filing examination,and it plays an important role in safeguarding the unity of the national legal system and safeguarding the legitimate rights and interests of citizens.The Measures for the Review of The Record of Regulations and Judicial Interpretations issued by the Standing Committee of the National People’s Congress in2019 provide guidance for the practical work of judicial interpretation filing examination,as well as new ideas and methods for the examination of the record of judicial interpretation,marking a new stage in the examination of the record.However,there are still unresolved issues in the judicial interpretation filing review.This paper discusses the issue of judicial interpretation filing review from four parts.The first part analyzes the basic connotation of judicial interpretation filing review,clarifies the concept of judicial interpretation,analyzes the connection and difference between judicial interpretation filing examination and normative document filing examination,and expounds the operating principles and examination standards of judicial interpretation filing examination from the relationship between filing and examination.The second part discusses the relevant theories of judicial interpretation filing review,including the relationship dispute between judicial interpretation legality review and constitutional review.Disputes over the scope of the judicial interpretation filing review;Disputes over the legal effects of judicial interpretation review decisions.The third part,through the analysis of the current situation of judicial interpretation record review in China,reveals the problems existing in judicial interpretation record review: First,the effect of judicial interpretation review decision in judicial practice adhere to the ineffective practice,legislative practice adhere to the non-retroactive practice,from the perspective of legal stability and protection of citizens’ rights and interests,it is clear that judicial practice and legislative practice practice is flawed,because of the existence of these disputes,the effectiveness of judicial interpretation review decision has not been conclusive;Secondly,the lack of the capacity of the review body makes the record review of judicial interpretation "necessary and necessary" purpose can not be achieved;Third,the accountability mechanism for the record examination is not perfect,and the responsibility of the formulation and examination organs is not clear;Fourth,the citizen’s review proposal is in a weak position,which leads to the citizen’s supervision right and right relief can not be realized.In the fourth part,the paper puts forward some suggestions for countermeasures to the problems in the judicial interpretation record review,including: distinguishing the effect of different review decisions,retrial of the review decision of the judicial interpretation being revoked and the judicial interpretation modification,and making clear the legal effect of the judicial interpretation review decision on the basis of non-retroactivity as the principle and favorable retroactivity as an exception;To set up a filing review committee when necessary to carry out the record review work and improve the examination capacity;Improve the accountability mechanism for filing examination;Strengthen the status of citizen review recommendations,so that review feedback and litigation system docking,and then improve the judicial interpretation of the record review mechanism.