Towards or away from justice: decoding the role of judicial interpretation system in china

Abstract

This article critically examines the relationship between China’s judicial interpretation system and justice. Compared with the early stage of the judicial interpretation system, the judicial legislative power has been expanding unceasingly, with complex political considerations having been mixed in, and attempts have been made to exceed the procedural restrictions on judicial interpretation. This leads to doubt as to whether the judicial interpretation system is now deviating from justice to some extent. This article innovatively analyzed the three paradoxes hidden behind these controversies, namely the paradox of judicial certainty and flexibility, the paradox of political commitment and judicial independence, and the paradox of judicial centralization and specialization. It proposes three targeted paths to alleviate the paradoxes. First, the judicial interpretation system should be more strictly regulated and cleaned up. Second, the promulgation of judicial interpretations should be carefully refined, and guiding cases should gradually replace the function of judicial interpretations in the long term. Third, informal mechanisms should be constructed within the court system to reduce the information collection costs of judges and integrate trial resources within the court system, thereby improving the trial capabilities of local judges. It provides a new sample for understanding China’s judicial interpretation system and the relationship between the judicial system and China’s political and social environment.