On Judicial Interpretation Power of Judges--Concurrently Discussing the Reform of Judicial Intrpretation Systm in China
Yan Chen
Abstract
Yan Chen
Abstract
There are lots of disadvantages in China to vest Supreme People's court and Supreme Peoples Procuratorate with the power of judicial interpretation,such as malposition of legal structure, ununification of legal system and irrealization of judicial independence Therefore ,something should be done to abolish the judicial interpretation power of Supreme Peoples Procuratorate, and to implement a new rule which is related to the application of law and mainly vests judges at all levels with the judicial interpretation power. This article also analyses the necessity and significance to vest judges with the power of judicial interpretation and raises some questions which should be paid attention to while implementing the rule.
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There are lots of disadvantages in China to vest Supreme People's court and Supreme Peoples Procuratorate with the power of judicial interpretation,such as malposition of legal structure, ununification of legal system and irrealization of judicial independence Therefore ,something should be done to abolish the judicial interpretation power of Supreme Peoples Procuratorate, and to implement a new rule which is related to the application of law and mainly vests judges at all levels with the judicial interpretation power. This article also analyses the necessity and significance to vest judges with the power of judicial interpretation and raises some questions which should be paid attention to while implementing the rule.
Key concepts: Judicial independence, Judicial interpretation, Law, Interpretation (philosophy), Political science, Judicial activism, Supreme court, Judicial discretion