权力本位:司法解释权运行状况之分析

Power in Focus: Analysis of the Implementing Situation for the Right of Legal Interpretation

中国司法解释权的运行具有明显的权力本位特征:强权、越权和集权。要改变这种状况,可从三个方面着手:在国家权力与公民权利之间,奉行权利本位;在国家权力与国家权力之间,实行权力制约;在权力意志与审判经验之间,注重知识积累。

Implementation of the right for legal interpretation is of the feature characterized with power in focus: forced power, overriding power and collecting power. This situation can be changed from three aspects: insistence on rights in focus between state power and citizen rights, implementation of power restraining between state power and state power, and emphasis on knowledge increase between power volition and judge experience.