中国法律解释制度的现状及完善

The Current Condition and the Imperfection of the Interpretation System of Law in China

法律解释制度是连结立法和用法的重要纽带,法律解释在社会生活中发挥着举足轻重的作用,建立完善的法律解释制度成为法治化建设的关键环节。我国目前的法律解释制度主要存在于现行宪法和立法法以及迄今有效的有关法律解释的规范性法律文件之中,有其自身的特点,如解释主体多元化,解释分工复杂,解释范围模糊等。现行法律解释制度曾对法治建设发挥过积极作用,但实践中也呈现出一些问题,需要针对这些问题不断加以完善。

The interpretation of law is an important link between legislation and the use of law. It has a decisive function in social life. Therefore, to establish a perfect system of the interpretation of law becomes a key link in the building of ruling by law. The system of the interpretation of law in our country at present has its own characteristics, such as the diverse interpretation of the subject, the complicated interpretation of the labour division and the instinct interpretation of the scope. The sys-tem of the interpretation of law in force has once played apositive role in the building of ruling by law, but it has also presented some problems. The system should be perfected continuously in view of these problems.