Judicial Interpretation in China

Abstract

As the Constitution of China, 1982, vests the power to interpret the law in the Standing Committee of the National People’s Congress, the nature and constitutionality of judicial interpretation of laws and the Constitution in China is quite uncertain and controversial. In this chapter, the author discusses the issue of judicial interpretation in historic, organizational, and normative perspective and arrives at the conclusion that the issue of interpretation of laws in China has undergone substantial change in the direction of becoming a judicial interpretation through the Supreme People’s Court. In author’s view interpretation of laws by the courts is natural that legitimately inheres in the judiciary and it cannot be called as delegated power or usurpation of legislative power by the courts. For this understanding, difference must be drawn between the abstract and the concrete judicial interpretation. While the abstract judicial interpretation may be regarded as usurpation of legislative power, the interpretation in concrete cases is inherent in the judiciary. Accordingly, the judicial interpretation of laws ought to be regarded as binding law. Such an understanding and acceptance of the judicial interpretation of laws in China helps in improving the certainty and uniformity of laws as well as fills any gaps in them. However, at the moment, it is still a subject matter of criticism, conservativism, and groundless and political partisanship.