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legislative power and an obstacle to
the law,
the unity and consistency of
In recent years there have been instances of improper supreme judicial interpretation. Examples include the interpretation of regulations concerning the punishment of corruption offenses involving the misappropriation of public funds or property, expansive interpretations of the main elements of economic crime, and opinions concerning the reduction of sentences during the period of supervision under suspended sentence. These interpretations of criminal law are not illogical and are in accordance with the practical demands of the administration of criminal justice. Nevertheless, the contents of these rules of interpretation exceed the original intent of the relevant legislation and are in fact supplements or amendments to the criminal law. These issues should have been dealt with by the national legislative organs.
even
There are some who take the view that, due to the urgent need for supplements and amendments to the criminal law in recent years and the inability of the legislative organs to keep pace, it is understandable and
permissable for
supreme judicial interpretation to intrude into the legislative sphere. This point of view is improper. If legislative work and legislative interpretation cannot cannot keep pace the answer is greater supervision and encouragement
their development. If Supreme judicial interpretation intrudes into the legislative sphere the result will be harmful to the unity and consistency of the legal system and will not assist the development of legislative work and legislative interpretation.
of
2. Combining Timeliness and Prudence.
In formulating supreme judicial interpretation consideration should be given to both timeliness and prudence. Due to changes in Chinese society criminal conduct is emerging in new forms with new consequently judicial interpretation should be formulated in a timely manner Otherwise the struggle against crime will be adversely affected, resulting in unresolved problems and
characteristics,
irremediable mistakes.
On the other hand, as the Supreme judicial interpretation of criminal law is the guide for the national administration of an incorrect or improper interpretation could do great harm to the legal system. Prudent interpretation is reflected in two points:
justice,
a) Problems resolved by
use of supreme judicial interpretation should be of A certain standard. They should be of general significance and have a representational character.
b) Official explanations and opinions containing supreme judicial interpretation should be
error, conscientiously
without
researched and consistent with law, reason and experience.