2015Jiangsu Xingzheng Xueyuan xuebaoRequires access

Discussion on Form of Interpretation of Constitution by Standing Committee of NPC——From the Perspective of Article 67 of China's Constitution

Zhu Fu-hu

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Abstract

The form of interpretation of the Constitution has dual characteristics;legal and specific.Agency of interpretation of the Constitution cannot establish forms of such interpretation beyond the boundary set by the Constitution and other laws,not adopt interpretive methods that are contradictory to the nature of the jurisdiction of such agency.The forms of interpretation of the constitutions in other countries can be put into three categories;verdicts of constitution-related cases,interpretation documents of the constitution,and constitutional laws.Article 67 of China's Constitution and relevant laws and regulations stipulate various forms for the Standing Committee of the National People's Congress(NPC) to exercise its authorities,including four forms;laws,resolutions,decisions and legal interpretation documents.In consideration of the practice in exercising the authority of the Standing Committee of NPC,laws and resolutions cannot be taken as forms of constitutional interpretation,yet decisions and constitutional interpretation documents,with stronger normative character and legislation-complementary nature,can be the major forms for NPC Standing Committee to interpret the Constitution.

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The form of interpretation of the Constitution has dual characteristics;legal and specific.Agency of interpretation of the Constitution cannot establish forms of such interpretation beyond the boundary set by the Constitution and other laws,not adopt interpretive methods that are contradictory to the nature of the jurisdiction of such agency.The forms of interpretation of the constitutions in other countries can be put into three categories;verdicts of constitution-related cases,interpretation documents of the constitution,and constitutional laws.Article 67 of China's Constitution and relevant laws and regulations stipulate various forms for the Standing Committee of the National People's Congress(NPC) to exercise its authorities,including four forms;laws,resolutions,decisions and legal interpretation documents.In consideration of the practice in exercising the authority of the Standing Committee of NPC,laws and resolutions cannot be taken as forms of constitutional interpretation,yet decisions and constitutional interpretation documents,with stronger normative character and legislation-complementary nature,can be the major forms for NPC Standing Committee to interpret the Constitution.

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Available abstract

The form of interpretation of the Constitution has dual characteristics;legal and specific.Agency of interpretation of the Constitution cannot establish forms of such interpretation beyond the boundary set by the Constitution and other laws,not adopt interpretive methods that are contradictory to the nature of the jurisdiction of such agency.The forms of interpretation of the constitutions in other countries can be put into three categories;verdicts of constitution-related cases,interpretation documents of the constitution,and constitutional laws.Article 67 of China's Constitution and relevant laws and regulations stipulate various forms for the Standing Committee of the National People's Congress(NPC) to exercise its authorities,including four forms;laws,resolutions,decisions and legal interpretation documents.In consideration of the practice in exercising the authority of the Standing Committee of NPC,laws and resolutions cannot be taken as forms of constitutional interpretation,yet decisions and constitutional interpretation documents,with stronger normative character and legislation-complementary nature,can be the major forms for NPC Standing Committee to interpret the Constitution.

Key concepts: Constitution, Interpretation (philosophy), Law, Constitutional interpretation, Normative, Political science, Legislation, Agency (philosophy)

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Discussion on Form of Interpretation of Constitution by Standing Committee of NPC——From the Perspective of Article 67 of China's Constitution — Research Paper | ScholarLens