The Misplacement and Regression of Judicial Interpretation:Taking the Allocation of Legal Interpretation Power As the Pointcut

In China's current legal interpretation system,the judicial interpretation power is held by the supreme court,and its activity does not comply with the law and leads to the misplacement of judicial interpretation.Considering this conditions,some scholars put forward that the judge interprets law in individual case and the supreme court works out uniform interpretation is rational and practicable.Judge's interpretation in individual case is the inevitable requirement of the regulation of legal interpretation,the desirability of the complexity of judicial activity,and the effective measure to eliminate the abuse malpractice.In order to ensure the individual interpretation,a class of high-calibre judges should be established and a fine environment for independent adjudication should be supplied.The supreme court's uniform interpretation is the requirement to protect the uniform of law,aiming to provide authoritative interpretation for individual judge,and the expression of the authority of the supreme court.The establishment of Council of Grand Justices who works out uniform interpretation exclusively under strict procedures in the supreme court should be considered.