On the Establishment of Judicial Authority on Interpretation

The concept of legal interpretation constituted by three essential factors,the task,the object and the authority,has an inalienable logical relation with judicial activities.The concept of judicial interpretation ought to be a response to this kind of close relation,as well as emphasis in Chinese context.The literal method has long been used as the prime rule of legal interpretation,and the value judgment avoided as antithetic to the objective of legal practice.But both of the above are not the core of the problems.The urgent matter is to establish the judicial authority on interpretation,which is inevitable and necessary to the pursuit of judicial independence.There are various ways to assign the power of legal interpretation.The prior consideration taking the maximum of preserving the legal objectivity or the minimum of losing it as the basic criterion is to endue the judges with authority on legal interpretation.