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3. Supreme judicial interpretation is also an important method of strengthening the struggle against crime. Such interpretation, in accordance with the original intent of the legislation, can give extended or restricted meaning to criminal legislation, thereby remedying insufficiencies in the law. In addition, it can facilitate
the timely application of the norms of the law to criminal conduct when new situations arise.
COMMENTS
1. As an academic criticism, this article is perhaps best understood as an scholarly attempt to point out deficiencies in the supreme judicial interpretation process and to bring Some conceptual order to an
obviously muddled system. In particular
part IV are general goals that may not
courts and procuratorates.
the principles be completely
laid down in shared by the
article apply
2. Most of the criticisms and comments contained in the equally to the interpretation
civil law. The principal difference being that the SPP has no role in the supreme judicial interpretation of civil law.
The article does offer confirmation that the lower courts routinely carry out the application of criminal law without need to refer minor interpretive matters to the SPC. In my own personal experience I can recall that the Guangzhou Maritime Court came to a sweeping conclusion as to the significance of bill of lading under Chinese law without any consultation with the SPC. We knew this because the matter was successfully appealed to the SPC.
It is now clear that Higher and Middle level courts can also issue opinions on the interpretation of law which are binding on the lower courts of their jurisdictions. However
I would imagine that SPC
approval is required for the issue of this kind of opinion.
4. The article also confirms previous ideas about the relationship between judicial and legislative interpretation. Supreme judicial interpretation appears to be the principle method of interpreting law, to the extent that, at least in the view of some Chinese observers, the SPC and SPP make interpretations which actually supplement or amend the law. Once again the comment has been made that legislative interpretation has yet to develop. It would be interesting to know why the N.P.C. Standing Committee "cannot keep pace". Considering that most legislation passed by the N.P.C. is drafted in the State Council, it may be that the N.P.C., sometimes referred to as a 'rubber stamp legislature, does not have sufficient staff or expertise to carry out its constitutional task of providing legislative interpretation.
There 19 also ස් conceptual problem in developing a legislative interpretation that is distinct from both judicial interpretation and actual legislation. According to the authors judicial and legislative interpretation are the same, except that the latter Can alter the