| In current judicial interpretation making process, there exists some thoughts and methods of system construction we should pay attention to. Firstly, the initiation of making a specific judicial interpretation may be based on inference or on experiences. Nowadays, the former becomes the main decisive basis in the formation of judicial interpretation, which is the logic reason of the judicial interpretation having shortcomings and being criticized. Only when the initiation on inference is replaced by the initiation on experiences in the formation of judicial interpretation, can the people’s courts exert their advantages in judicial experiences and elevate the constructing quality of judicial interpretation.Secondly, according to the nature and traits of judicial interpretation, the value-orientation of judicial interpretation should accord with that of the legislative policy, but in the practices of the commercial law judicial interpretations, judicial policy is formed independent of the legislative policy and embodied in the specific judicial interpretations. The creation of policy in the forming process of judicial interpretation not only exceeds the capacity of courts but also hurdles the normal operation of social mechanisms.Thirdly, from the perspective of constructing method, the forming process of judicial interpretation may have different preferences for the method of interest adjustment or for the method of technological perfection. If particular stress is paid on interest adjustment, a standpoint of interest inclination is easy to be settled beforehand, which will easily lead to the result of the interest adjustment of the judicial interpretation exceeding the scope set by legislation. Thus judicial interpretation should lay particular stress on the technological perfection of legal text, that is, to provide the existing law with clear normal content, proper interest disposal, and effective regulating function and applicative mechanism.To perfect the forming mechanism and insure the quality of judicial interpretation, the initiation of its forming process should be based on judicial experiences, its policy orientation should accord with the legislative policy, and its construction should pay more attention to the technological perfection of law. |
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