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1
Part V
Three Aspects of the Importance of Supreme Judicial Interpretation
1. As the Bridge Between China's Vague Criminal Laws and Specific
Cases
2. As the Coordinating Mechanism of the Local Administration of
Justice
3. As a Method of Providing a Quick Response to New Types of
Criminal Conduct
The article opens with a statement regarding the general lack of research into supreme judicial interpretation and then proceeds to part one. (1)
3
I
The judicial interpretation of criminal law in general means the interpretation of law in relation to specific applications of criminal law which arise in the work of the organs of the administration of justice. Supreme judicial interpretation of criminal law means judicial interpretation carried out by the supreme organs of the administration
justice (ie:
the Supreme Peoples Court and Supreme Peoples Procuratorate, herein the "SPC" and the "SPP"), which has binding
of
effect throughout the country.
In general the' supreme three characteristics:
judicial interpretation of criminal law has
1. It can only be carried out by specially designated institutions, which are the SPC and the SPP. The Ministry of Public Security and the Ministry of Justice belong to the category of administrative organs and therefore cannot formulate judicial interpretations of law. This exclusive power Was established in June 1981 by the Standing Committee of the National People's Congress (herein the "N.P.C.") in the "Resolution on Strengthening Legal Interpretative
衾
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The word (司法 ) or
'sifa is particularly difficult to translate. In certain circumstances it can be translated as 'the administration of justice', but it can also be used to mean 'justice' as in the Ministry of Justice. Here I have translated it as 'judicial
in the 'supreme judicial interpretation' but it should be remembered that both the Supreme Peoples Court and the Supreme Peoples Procuratorate have the right to issue `judicial' interpretations of
"
"
RS
law.
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