2014Hebei xuekanRequires access

Constitutional Reconsideration of SPC's Judicial Interpretation Authority——Deliberate Concurrently With Doctor Guohui and Shi Jing Xuan

Miao Yon

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Abstract

Article 127 of the Constitution contains the creative power of the highest judicial organ to interpret the law,gives the supreme people's court the dual constitutional function of developing law unifying law. SPC's creative judicial interpretation belongs to the category of the supreme judicial power,and is in keeping with the trend of the judicial system. So criticism of SPC's judicial interpretation invading the legislative is open to question. And yet,the powers of the judicial interpretation should be a reasonable exercise,so the power of judicial interpretation should be written clearly in the constitutional law; the supervision of the NPC Standing Committee on Judicial Interpretation should be strengthened; the error of the creative judicial interpretation should be reduced; the impact of interest groups should be avoided.

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What this paper is about

Article 127 of the Constitution contains the creative power of the highest judicial organ to interpret the law,gives the supreme people's court the dual constitutional function of developing law unifying law. SPC's creative judicial interpretation belongs to the category of the supreme judicial power,and is in keeping with the trend of the judicial system. So criticism of SPC's judicial interpretation invading the legislative is open to question. And yet,the powers of the judicial interpretation should be a reasonable exercise,so the power of judicial interpretation should be written clearly in the constitutional law; the supervision of the NPC Standing Committee on Judicial Interpretation should be strengthened; the error of the creative judicial interpretation should be reduced; the impact of interest groups should be avoided.

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Available abstract

Article 127 of the Constitution contains the creative power of the highest judicial organ to interpret the law,gives the supreme people's court the dual constitutional function of developing law unifying law. SPC's creative judicial interpretation belongs to the category of the supreme judicial power,and is in keeping with the trend of the judicial system. So criticism of SPC's judicial interpretation invading the legislative is open to question. And yet,the powers of the judicial interpretation should be a reasonable exercise,so the power of judicial interpretation should be written clearly in the constitutional law; the supervision of the NPC Standing Committee on Judicial Interpretation should be strengthened; the error of the creative judicial interpretation should be reduced; the impact of interest groups should be avoided.

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

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