刑事诉讼法司法解释之主体评析

On the Subject of Judicial Explanations to Law of Criminal Procedure

司法解释是法律适用的前提和基础。因此 ,应首先保障刑诉法司法解释主体的权威性和合理性 ,才能保证刑诉法的正确贯彻实施。由此 ,笔者从宪法和法理学的角度 ,对现行刑诉法司法解释主体制度逐一进行了评析 。

The judicial explanations to laws are the precondition and foundation of law enforcement. The authority and reasonableness of subject of judicial explanations to Law of Criminal Procedure should be guaranteed first of all so that the Law of Criminal Procedure can be carried out correctly.From angles of The construction and jurisprudemle,the writer reviews and analyses one by one the subject and system of judicial explanations to Law of Criminal Procedure in this thesis,as well as points out its defects in existence and the measures to improve it.