论审判领域法律解释权的垄断对法官之影响

Influence of Monopoly of Judgment Field's Legal Interpretation Power on Judges

法律解释应是法官个人的行为 ,而我国司法解释体制将审判领域的法律解释权垄断于最高人民法院 ,由最高人民法院统一行使。将法律解释从法律适用中剥离 ,不承认法官对法律的解释。这不符合司法审判过程中法律解释与法律适用不可分离的客观要求 ,对我国高素质法官职业群体的形成与发展也会有负面影响。最高人民法院下放对个案的法律解释权 ,承认法官的法律解释是可能的 ,也是现代法治的要求。

Legal interpretation should be of judge's personal act, however, which is monopolized and wielded by the Supreme People's Court in the light of China's judicial interpretation system. Now that judge's interpretation to law is not accepted, the legal interpretation is separated from legal application. By which the objective requirements fail to be met that legal interpretation never be separated from legal application in the procedure of judicial judgment, negative influence on the high-quality professional judge class's formation and development is produced in China. It is feasible for the Supreme People's Court to transfer the legal interpretation power about individual cases to the lower courts and accept the legal interpretation of judges, which is necessary to the modern rule of law.