중국 최고인민법원의 사법해석제도 검토

This thesis focus on the system of judicial interpretation which it about exercise the power of judicial interpretation of the Supreme People's Court of China, and we could comprehense some features and matters of this system. As the highest court in China, the Supreme People's Court exercise the power of judicial interpretation for judge in the specific suit case. But, in the modern constitutionalism views, it is true that the exercise of the power of judicial interpretation of the Supreme People's Court causes or implies various matters. For example, in some times, judicial interpretation of the Supreme People's Court act as a substitute for legislative function, and in many case, the Supreme People's Court exercise the power of judicial interpretation with the Supreme People's Procuratorate or other administrative authorities, so it is to say that not real independent judicial interpretation of the Supreme People's Court, moreover it defames the principle of judicial independence of judicial office. No matter how, actually, judicial interpretation of the Supreme People's Court is one of the most important criteria in judge. Judicial interpretation of the Supreme People's Court play an important role as a key source of law in the same kind of case, especially in low level court's trial, and it guarantee a unity of law interpretation in China. In conclusion, modern judicial interpretation system of the Supreme People's Court of China includes various merits and faults. Hereafter, we hope that more evolution of the judicial interpretation system, and recovery the function of legislative organ in China.