JIANGHAN ACADEMIC ›› 2016, Vol. 35 ›› Issue (5): 49-54.doi: 10.16388/j.cnki.cn42-1843/c.2016.05.006

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Analysis of the Norms of the Supreme People’ s Court in Applying the Power of Legal Interpretation

LI Yan   

  1. School of Humanities and Law,South China Agricultural University,Guangzhou 510640
  • Received:2016-06-18 Revised:2016-06-18 Online:2016-10-15 Published:2016-10-11

Abstract: The Organizational Law of the People’ s Court and other relevant laws have given the Supreme People’s Court the power of interpretation on how laws are specifically used in judicial activities. This normative power of legal interpretation is granted by the organ of the highest state power for the purpose of unifying the judicial power,but this authorization does not mean the people’ s courts and judges of all levels are deprived of rights of discretion and interpretation in legal applications. In practice,however,some of the judicial interpretations clearly suggest that the Supreme Court has gone beyond the power endowed by the law,presenting a tendency of“legislation” . Therefore,the Supreme Court’ s normative power of interpretation should accept the supervision of the standing committee of the National People’ s Congress and should not,on the contrary,infringe upon the power of legal interpretation of the standing committee.

Key words: the Supreme People’ s Court, power of legal interpretation, power of legislative interpretation, judicial interpretation

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