Functional Transformation of Chinese Judicial Interpretation
Zheng Zhaofang Yang Lu ( Shanghai No.1 Peoples Intermediate Court, Shanghai, 200336)
Functional transformation of Chinese current judicial interpretation is firstly to pay less attention to its long-standing authority function and restore its true features as a judicial means. The trial authority and procuratorial authority is indeed different. In the light of the objective demand of case trial, Chinese judicial interpretation should be positioned as the rank of one class with multi-levels, and should be more concerned about the functional interpretation by the judges while hearing the cases and about the cases published by the Supreme Court. The content of judicial interpretation should be based on the interpretation of legal texts should reasonably employ the function of making good omissions and deficiencies in order to improve current law.