중국 사법해석제도에 관한 고찰 - 최고인민법원의 사법해석을 중심으로 -

Abstract

It is unavoidable to interpret the statutes when applying the law in practical life. There are several kinds of the interpretation and the judicial interpretation is one of them. Commonly, judicial interpretation refers to the necessary interpretation of law from courts during dealing with a certain case and under that meaning, as a kind of authorized interpretation with Res judicata on that case. But in China, judicial interpretation means the legally binding interpretation and construction from the supreme judicial department, as to how to apply the statutes during the judicial process. In other words, in China, the judicial interpretation from a certain judicial branch has all-pervading effect over the country rather than only specific cases, which are largely different from the mentioned common concept. So, the research on Chinese law should also include the research on judicial interpretation rather than focus only on statues, and then it can be integrated. As there are few articles about the Chinese judicial interpretation up to now in Korea, this essay will first introduce the judicial interpretation system of China and then, review the limitation of present framework.