司法解释批复四题

Four Problems on the Written Reply of Judicial Interpretation

司法解释批复是最高人民法院对高级人民法院、解放军军事法院就审判工作中具体应用法律问题的请示所作的答复。本文通过对司法解释批复历史和现状的考察 ,认为由于其建立在案件请示制度基础之上 ,脱离了诉讼程序约束 ,脱离了法定的审判组织 ,脱离了个案案情 ,名不符实。在现行体制下 ,亟待采取有效措施提高司法解释批复的质量。但司法解释批复是加剧司法随意性的重要因素 。

WT5”BZ]:The written reply of judicial interpretation is an reply made by the Supreme Court to the request of higher People's Court and Military Court on the application of law in their trials. After the observation to the history and present situation of written reply, the author thinks such name falls short of the reality because it depends on the request system, stray away from the procedural restriction and legitimate trial organization. Therefore, it is quite necessary to take steps to improve the quality of written reply of judicial interpretation. But, such reply is an important element in intensifying the judiciary at will and it must be abolished eventually. [WT5”HZ]