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法律的不周延性意味着法律不能规制人类行为的方方面面,法律一经制定便成为过去,那么在这样的情况下法律解释应运而生。法院作为法律适用的主体,自然拥有解释法律的权力。在我国根据相关法律规定最高人民法院和最高人民检察院拥有司法解释权。近几年我国司法解释的数量不断扩大,我们在过分追求其数量的同时,却忽视其质量,司法解释的泛立法化、泛滥化、不规范化等问题日益突出,已经使司法解释偏离了正常轨道。
The indefinite nature of the law means that the law can not regulate all aspects of human behavior, and the law becomes law of the past as soon as it has been made, so legal interpretations emerge in such circumstances. As the subject of the application of law, courts naturally have the power to interpret the law. In our country, according to relevant laws and regulations, the Supreme People’s Court and the Supreme People’s Procuratorate have the power of judicial interpretation. In recent years, the number of judicial interpretations in our country has been constantly expanding. While we over-pursue their numbers, they neglect their qualities. The legislation of pan-legislative interpretation of judicial interpretations is becoming more and more prominent, and judicial interpretations have deviated from the normal track .