2004Journal of Hebei UniversityRequires access

On the Subject of Judicial Interpretation

Dongmei Ma

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Abstract

According to the related law and regulations, the system of judicial interpretation with two subjects is operated in our country at present. In other words, the Supreme Court of the People's Republic of China and the Supreme Procuratorate of the People's Republic of China have the power of judicial interpretations during their separate law enforcement. From the angles of judicial resources, judicial benefit, judicial justice, the unity of legal system, and the function of procuratorial organ, the article holds that the power of judicial interpretation of the Supreme Procuratorate of the People's Republic of China should be canceled, and the system of the unitary judicial interpretation with two levels should be built. In a word, the Supreme Court of the People's Republic of China and all high courts should own the power of judicial interpretation.

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What this paper is about

According to the related law and regulations, the system of judicial interpretation with two subjects is operated in our country at present. In other words, the Supreme Court of the People's Republic of China and the Supreme Procuratorate of the People's Republic of China have the power of judicial interpretations during their separate law enforcement. From the angles of judicial resources, judicial benefit, judicial justice, the unity of legal system, and the function of procuratorial organ, the article holds that the power of judicial interpretation of the Supreme Procuratorate of the People's Republic of China should be canceled, and the system of the unitary judicial interpretation with two levels should be built. In a word, the Supreme Court of the People's Republic of China and all high courts should own the power of judicial interpretation.

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Available abstract

According to the related law and regulations, the system of judicial interpretation with two subjects is operated in our country at present. In other words, the Supreme Court of the People's Republic of China and the Supreme Procuratorate of the People's Republic of China have the power of judicial interpretations during their separate law enforcement. From the angles of judicial resources, judicial benefit, judicial justice, the unity of legal system, and the function of procuratorial organ, the article holds that the power of judicial interpretation of the Supreme Procuratorate of the People's Republic of China should be canceled, and the system of the unitary judicial interpretation with two levels should be built. In a word, the Supreme Court of the People's Republic of China and all high courts should own the power of judicial interpretation.

Key concepts: Judicial interpretation, Law, Supreme court, Political science, Judicial activism, Judicial independence, Judicial review, Interpretation (philosophy)

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