Judicial Interpretation Introduction

Author: Liu Qingfeng
Publisher:
Publish Date: 2004-05-01
Features: This article is divided into eight chapters. Chapter 1 focuses on discussing what judicial interpretation is and the relationship between judicial interpretation and China's legal interpretation system. It analyzes and argues that judicial power is essentially judicial power, judicial interpretation is judicial interpretation, and judicial organs refer only to courts. Chapter 2 emphasizes the necessity of judicial interpretation. Chapter 3 discusses the methods and rules of judicial interpretation. This chapter argues that judicial interpretation is closely linked to legal application, as law must be interpreted before it can be applied. In other words, legal application must determine the judicial norms as the major premise, and this process is also one of interpretation. Chapter 4 examines judicial interpretation and legal reasoning methods, analyzing and arguing the inevitable connection between the two. Chapter 5 explores the basic objectives of judicial interpretation and the determination of judicial norms, divided into two parts. Part 1 aims to explain the fundamental value goals pursued by law and justice, which are order, justice, and efficiency. Order serves as the basic value of social systems, legal systems, and judicial activities; justice is the core of social systems, legal systems, and judicial activities, while efficiency is the goal they pursue. Chapter 6 reviews the historical development of judicial interpretation, focusing on analyzing and reflecting on the historical development process and patterns of judicial interpretation in the West, particularly the historical development, patterns, and major interpretation techniques of judicial interpretation in the two legal systems. Chapter 7 discusses the limiting factors and institutional safeguards of judicial interpretation. Chapter 8 proposes a framework for establishing China's judicial interpretation system. Through reflection on the current judicial interpretation system, it points out the problems in China's current judicial interpretation system and proposes the establishment of a unified, two-tier, and three-level legal interpretation system. It advocates strengthening the normative nature of judicial interpretation, reducing case-by-case interpretation, and enhancing judges' technical expertise in interpretation. In conjunction with the ongoing judicial reforms, it argues that improvements in judicial interpretation should highlight reforms in judgment documents, emphasizing the openness, structural rationality, and linguistic standardization of judicial interpretations in judgment documents. It also demonstrates the necessity and inevitability of establishing a case system in China.