TNAG-1722-FCO40-2415-Future-of-Hong-Kong-Basic-Law-1988 — Page 37

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can be confused with

Supreme judicial interpretation of criminal law similar concepts and should be clearly distinguished.

is not the

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1. Supreme judicial interpretation

as judicial interpretation that does not have general legal effect. The latter means judicial interpretation carried out by courts and procuratorates at all levels concerning the application of specific laws to particular cases arising in the course of their work. This includes judicial interpretations issued by Middle and Higher courts and procuratorates which have a guiding effect on the lower level courts and procuratorates within their jurisdictions, but do not have general effect throughout the country. Despite its lack of general effect, this type of judicial interpretation deserves recognition, respect and study.

2.Supreme judicial interpretation must

also be distinguished from legislative interpretation. The distinctions are

as follows:

a) The authorized bodies are not the same. According to Article 67 (4) of the Constitution (1982) and the 1981 Resolution (referred to above) the power of legislative interpretation is granted exclusively to the Standing Committee of the N.P.C.

b) The content and principles are not the same. Judicial interpretation is the clarification and rendering specific of the original intent of the existing law in a specific application of that law. In all Cases the interpretation must implement the original intent of the legislation. Legislative interpretation can be used to resolve conflicts in interpretation of criminal law between the SPP and SPC and can also be used to supplement OF amend existing legislation.

The forms are not the same. Judicial interpretation of criminal law is part of the administration of justice, whereas

legislative interpretation is akin to legislation.

d) The degree of legal effect is not the same. Legislative interpretation has greater effect when compared to judicial interpretation. The latter is without legal effect if it conflicts with legislative interpretation.

3. Judicial interpretation is also entirely different from academic interpretation, which is theoretical research carried out by academics and specialists and is without legal effect.

also

be

distinguished

from

are as follows:

4. Judicial interpretation must punishment by analogy. The distinctions

{ } Judicial interpretation

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the clarification and rendering specific of the written provisions of the criminal law according