Oppugning the Authority of Judicial Interpretation
Wang Jun
Abstract
Wang Jun
Abstract
The constitution of our country and law have not endowed sanction of the judicial interpretation at large.The impetuses which give the judicial interpretation sanction at large are the supreme authority of the main body of the judicial interpretation in litigation and the justice efficiency of the judicial interpretation.The judicial interpretation is the interpretation of law made by the supreme justice organ,but this interpretation of law is beyond the power of the supreme justice organ,in other words,the judicial interpretation is only the understanding of the law of the supreme justice organ.There is no difference in essence between the judicial interpretation and the judge interpretation.
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The constitution of our country and law have not endowed sanction of the judicial interpretation at large.The impetuses which give the judicial interpretation sanction at large are the supreme authority of the main body of the judicial interpretation in litigation and the justice efficiency of the judicial interpretation.The judicial interpretation is the interpretation of law made by the supreme justice organ,but this interpretation of law is beyond the power of the supreme justice organ,in other words,the judicial interpretation is only the understanding of the law of the supreme justice organ.There is no difference in essence between the judicial interpretation and the judge interpretation.
Key concepts: Interpretation (philosophy), Judicial interpretation, Law, Supreme court, Judicial activism, Economic Justice, Constitution, Political science