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我国现行的法律解释有决议体制和立法法体制。决议体制是一种放权模式,产生了不少问题;立法法体制有收权倾向,也存在缺陷。由于缺乏监督制约机制,在法律实施中形成了体制间冲突的多元格局和混乱局面。体制变革方向是通过以全国人大常委会和最高人民法院为主体构建法律解释法,从而解决这种冲突,改变混乱格局,推进我国法治建设。
The current legal interpretation of our country has the resolution system and the legislative system. Resolution system is a decentralization model, which has caused a lot of problems; legislative law system has the tendency of tenure, but also flawed. Due to the lack of supervision and restriction mechanism, a pluralistic and chaotic situation of inter-institutional conflicts has been formed in the implementation of laws. The direction of institutional reform is to resolve this conflict by changing the chaotic pattern and promoting the construction of the rule of law in our country through the construction of legal interpretation laws with the NPC Standing Committee and the Supreme People’s Court as the main body.