我国刑事司法解释的功能、缺陷及其完善

Function, Shortcoming and Consummation of Chinese Criminal Judicial Explanation

我国刑事司法解释发挥着或应当发挥补充刑事立法、指导刑事司法的功能,由于现行体制的形成,可能更多的不是一种预先理性设计的结果,而是一种经验性事实,因而导致其先天性功能缺陷。进一步改革和完善刑事司法解释工作,变现行“二元一级”解释为最高人民法院和各高级人民法院“一元二级”解释势在必行,以期实现刑事司法解释的主体单一化、内容准确化、形式统一化和程序规范化。

Chinese criminal judicial explanation is bringing or should bring into play its function of the supplement of criminal legislation and the guidance of criminal administration of justice. Because of the formation of the present system, its more likely that it is not a previous designed effect reasonably but an experiential facts that causes the function shortcomings by birth. It's very necessary to further reform and consummate the criminal judicial explanation work and change the present 'duality and one level' explanation into 'centralization and two levels' explanation made by the Supreme court and each superior court so as to realize the aim that its subject is single, its content is accurate, its form is unified and its procedure is regulated.