浅析最高人民法院司法解释的地位

Status of the Judicial Interpretation of the Supreme People's Court

最高人民法院司法解释在人民法院的审判实践中是一种重要的审判依据,是审判实践或实现司法公正的保障。由于其在我国司法实践中已经扮演类似法律渊源的角色,同时其地位在部分规定中得到肯定。因此,它具备列入我国法律渊源的条件,应该用法律的形式肯定其地位。同时,还要注意到它的不足并加以完善,只有这样最高人民法院司法解释才能更加合法合理,才能更好地保障司法公正。

The judicial interpretation of Supreme People＇ s Court is an important basis for the trial in the People＇ s Court trial practice and the protection to achieve judicial justice. Because of its legal origin role in our judicial practice and its affirmative position in some provisions, its inclusion in the condition of our country＇ s legal origins can be seen through its comparison with other legal origins. Therefore, its legal status should be legalized formally. Though a great positive role in judicial practice it plays, it has some deficiencies in use and needs improving. There are some caveats needed to notice while affirming its position. Only in this way can the judicial interpretation of the Supreme Court be more legal and reasonable, so as to better safeguard judicial justice.