简评我国当前的司法解释与判例（The current judicial interpretation and case review in China）.docVIP

简评我国当前的司法解释与判例（The current judicial interpretation and case review in China） The current judicial interpretation and case review in China [Abstract] In Chinas current judicial system, judicial interpretation occupies the main position and plays a role in the implementation of law A huge role. With the continuous development and integration of world laws and the constant strengthening of exchanges between China and the world In recent years, the new form of big trend and precedent has been gradually accepted by the judiciary in china, And in practice, it has the effect of law. Our country should perfect and use the case according to the specific national conditions, Establishing a judicial system with Chinese characteristics. [introduction] In recent decades, there has been a general trend in the development of world law, that is, the two most important legal systems There is more and more integration between continental law system and Anglo American law system. The two legal systems use each other for reference Advantages to make up for their deficiencies. China is also affected by this trend, and it is bound to be itself The judicial system has brought about some changes. [main body] In order to better solve the connection between abstract legal provisions and concrete realistic disputes, or To say that it is a better solution to the specific application of the law, people often need to use a certain means of assistance. 1. At present, there are two common means in the world, namely, the precedent model of Anglo American law system and the judicial system of continental law system The interpretation model refers only to the judicial interpretations made by the court, not including the equivalents made by other organs The explanation of force, such as the Supreme Peoples Procuratorate, the Ministry of public security and so on. The civil law countries take the statute written law as the main legal form, and the relevant judicial interpretation is applicable It plays