On the Judicial Interpretation System of China and Its Reform and Improvement
Zhang Zhen-liang
Abstract
Zhang Zhen-liang
Abstract
The establishment of the judicial interpretation system is an important symbol of the standardization of judicial interpretation; however,an irrational system will prove to be an internal obstacle to standardization. Based on the definition of judicial interpretation, the paper discusses the disadvantages of the current judicial interpretation system and their causes from the angle of the judicial interpretation operating mode and process, and puts forward some suggestions for the standardization of China's judicial interpretation,and the establishment of a scientific and reasonable judicial interpretation system.
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The establishment of the judicial interpretation system is an important symbol of the standardization of judicial interpretation; however,an irrational system will prove to be an internal obstacle to standardization. Based on the definition of judicial interpretation, the paper discusses the disadvantages of the current judicial interpretation system and their causes from the angle of the judicial interpretation operating mode and process, and puts forward some suggestions for the standardization of China's judicial interpretation,and the establishment of a scientific and reasonable judicial interpretation system.
Key concepts: Interpretation (philosophy), Judicial interpretation, Standardization, Obstacle, Irrational number, Judicial activism, Judicial discretion, Political science