Research On The Limited Application Of Judicial Interpretatio

The judicial interpretation plays a very important role in the judicial practice.Especially when the number of lawsuit cases is increasing,the role of the judicial explanation is more and more outstanding.Judicial interpretation can make written legislative provisions applied to judicature and play a key role in the bridge between legislation and judicature.At present,the written laws enacted by the legislature have a certain lag and cannot better adapt to the numerous judicial cases in the complex and changeable social life.At this time,judicial interpretation is needed to explain the relevant legal provisions,unify the application of law,and provide judges with the basis for the trial of cases.However,it should be clearly recognized that everything has two sides,and judicial interpretation is no exception.Judicial interpretation plays a positive role in the operation of law,but its negative effects cannot be ignored.To a certain extent,the formulation and application of the judicial interpretation exceed the legislative power,and cause the over-use of the judicial interpretation.The law strictly restricts the judicial interpretation power of the Supreme Judicial Organ and forbids the creation of the judicial interpretation.In accordance with the relevant provisions of the existing Legislation Law,the Supreme Court has the right to explain the application of written legislation in judicial practice.The explanations given by the supreme judicial organ should conform to the original intention,purpose,and spirit of legislation.Judicial interpretation exists and is necessary,but it does not mean that it can be arbitrarily applied,otherwise it will cause excessive judicial interpretation,but contrary to the original intention of judicial interpretation,deviate from its original judicial function.The Interpretation of the Supreme People’s Court on the Application of the Criminal Procedure Law of the People’s Republic of China(hereinafter referred to as the Interpretation of the Criminal Procedure Law),which has been implemented since 2021,has the tendency of legislating some provisions,and the interpretation of some sentences obviously goes against the original intention of the legislature.Although judicial interpretation satisfies the practical requirements to some extent,it is obviously not consistent with the purpose of the judicial interpretation to exceed the original meaning of the law.This paper expounds the relevant overview of the limited application of judicial interpretation,discusses the practical basis of the limited application of judicial interpretation,analyzes the reasons why it is difficult to carry out the limited application of judicial interpretation,and finally puts forward the realization path of the limited application of judicial interpretation.