The difference between implementing regulations and judicial interpretations

The difference is the difference in the formulating organs:

Regulations are generally single regulations, which are legal documents promulgated by autonomous areas, and of course, the laws and regulations are named after regulations.

Judicial interpretations are the judicial organs' understanding and use of laws, and can generally only be formulated by the Supreme People's Court and the Supreme People's Procuratorate.

Judicial interpretation, a type of legal interpretation. It is a formal interpretation. Explanations made by judicial organs on the specific application of laws and regulations.

The interpretation of the applicable law in a particular case is only valid for that case and is not universally binding. Interpretations given by the Supreme Court are generally binding on lower courts. Judicial interpretations that violate the Constitution and laws are invalid.

Legal analysis: 1. The subject of interpretation is different: the Standing Committee of the National People's Congress belongs to the legislature, and the interpretations made by it belong to legislative interpretations; The Supreme People's Court and the Supreme People's Court belong to the highest judicial organs, and the interpretations they make are judicial interpretations.

2. Different effects of interpretation: As legislative interpretations, the interpretations of the Standing Committee of the National People's Congress have the same effect as laws; However, the interpretation of the "two supremes" is a judicial interpretation, which is at the working level, and its interpretative effect is lower than that of the legislative interpretation, and the Qingyin cannot conflict with the legislative interpretation. 3. Explain the situation differently:

According to Article 42, Paragraph 2 of the Legislation Law, the Standing Committee of the National People's Congress only interprets the following two situations: the provisions of the law need to be further clarified and the specific meaning is required; After the enactment of the law, Izuka is grasping the new situation, and it is necessary to clarify the basis for applying the law. However, the "Two Zen Celebrations" only explains the problems encountered in the application of law in judicial practice.

Legal basis: Legislation Law of the People's Republic of China

Article 45: The power to interpret laws belongs to the Standing Committee of the National People's Congress. In any of the following circumstances, the Standing Committee of the National People's Congress is to interpret the law: (1) the provisions of the law need to further clarify the specific meaning; (2) New circumstances arise after the law is enacted, and it is necessary to clarify the basis for applying the law.

Article 46: Military commissions, the Supreme People's Court, the Supreme People's Procuratorate, and the special committees of the National People's Congress, as well as the standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government, may submit requests for legal interpretation to the Standing Committee of the National People's Congress.

Judicial interpretations are formulated by the highest judicial organ of the state. "Judicial interpretations" refers to interpretations made by the highest judicial organ of the state on specific application of law in the course of applying the law, including adjudication interpretations and procuratorial interpretations. "Trial interpretation" refers to the Supreme People's Court's interpretation of the specific application of law in trial work.

"Procuratorial interpretation" refers to the Supreme People's Procuratorate's interpretation of the specific application of law in procuratorial work. This interpretation is universally binding on people's procuratorates at all levels. In accordance with article 3 of the Constitution, the State organs of the People's Republic of China practice the principle of democratic centralism.

The National People's Congress and local people's congresses at all levels are democratically elected and accountable to the people, and are called upon or supervised by the people. The administrative, supervising, adjudicatory, and procuratorial organs of the state are all elected by the people's congress and are responsible to it and subject to its supervision. The division of functions and powers between local state organs and local state institutions follows the principle of giving full play to the initiative and enthusiasm of local governments under the unified leadership of the government.

1. Different organs for formulating laws: The formulation of laws is done by the National People's Congress and its Standing Committee, and the formulation of laws and regulations can be completed by the local people's congresses and their standing committees, or by the competent organs at the ministerial level.

2. The legal effect is different, the effect of the law is generally higher than the effect of the regulations, and the laws and regulations that conflict with the law shall prevail in the actual trial and operation.

3. The spatial effect is different, local regulations can only take effect in a certain place, and other provinces and cities do not have legal effect, while the spatial effect of laws is within the scope of the People's Republic of China.

4. The scope of adjustment is different, the scope of adjustment of the law can involve multiple aspects or multiple contents, and the scope of adjustment of laws and regulations is generally a specific aspect or a specific content of social life.

The legal basis is dusty].

Article 1 of the Civil Code states that this Law is formulated in accordance with the Constitution in order to protect the lawful rights and interests of civil subjects, adjust civil relations, maintain social and economic order, meet the requirements of the development of socialism with Chinese characteristics, and promote the core values of socialism.

The implementation of a law is when the legislature makes a law and then it takes effect. The interpretation of a law is what happens when a person sues another person or the police accuse a person of a crime, and someone has to explain what the legislature means when it makes the law and how it is enforced. Usually the lawyer of the county or city will explain the law to the police or the sheriff's department, then the law enforcement officer writes a ticket, and then the person who receives the ticket can choose to fight the ticket in court, if found guilty, then the person who is found guilty can choose to appeal to the next court, believing that the decision is wrong, the appellate court will interpret the law and decide whether the lower court is correct or not, if the appellate court agrees with the county district court, then the appellant can appeal to the state supreme court, If that court agrees with the lower court and the person wants him to be able to appeal to the U.S. Circuit Court of Appeals, if he loses there, he can appeal to the U.S. Supreme Court, and if the Supreme Court agrees with all the lower courts, it means that the law is well written and applied well.

It will be the court that confirms the decision. If any of the higher courts do not agree, the lower court's decision will be revoked and sent back to the lower court so that they can review their decision and correct the Zen group, and it is usually consistent with what the higher court has recommended in the revocation. The Circuit Court of Appeals, if he loses there, he can appeal to the U.S. Supreme Court, and if the Supreme Court agrees with all the lower courts, it means that the law is well written and well applied.

It will be the court that confirms the decision. If any of the higher courts disagree, the lower court's decision will be set aside and sent back to the lower court so that they can review their decision and correct it, which is usually consistent with what the higher court recommended in the revocation. The Circuit Court of Appeals, if he loses there, he can appeal to the U.S. Supreme Court, and if the Supreme Court agrees with all the lower courts, it means that the law is well written and well applied.

It will be the court that confirms the decision. If any of the higher courts disagree, the lower court's decision will be revoked and sent back to the lower court so that they can review their decision and correct it, which is usually consistent with what the higher court recommended in the revocation.

1. The subject of interpretation is different: the Standing Committee of the National People's Congress is a legislative organ, and the interpretations made by it are legislative interpretations; The Supreme People's Court and the Supreme People's Court belong to the highest judicial organs, and the interpretations they make are judicial interpretations. 2. The effect of interpretation is different:

As legislative interpretations, the interpretations of the Standing Committee of the National People's Congress have the same effect as laws; However, the interpretations of the Supreme People's Court and the Supreme People's Court belong to judicial interpretations, which are at the working level, and their interpretative effect is lower than that of legislative interpretations, and cannot conflict with legislative interpretations. 3. Different interpretations: According to the provisions of Article 42, Paragraph 2 of the Legislation Law, the Standing Committee of the National People's Congress only interprets the following two situations:

The provisions of the law need to be further clarified in specific meanings; Where new circumstances arise after the law is enacted, and it is necessary to clarify the basis for applying the law. The "two supremes" only explain the application of law encountered in judicial practice. The law is based on:

Article 45 of the Legislation Law of the People's Republic of China: The power to interpret laws belongs to the Standing Committee of the National People's Congress. In any of the following circumstances, the Standing Committee of the National People's Congress shall interpret the law: (1) the provisions of the law need to further clarify the specific meaning; (2) New circumstances arise after the law is enacted, and it is necessary to clarify the basis for applying the law.

Article 46: The Military Commission, the Supreme People's Court, the Supreme People's Procuratorate, and the special committees of the National People's Congress, as well as the standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government, may submit requests for legal interpretation to the Standing Committee of the National People's Congress.

The principles of legal interpretation are as follows: 1. The principle of faithfulness to the original intent of legislation. Legal interpretation violates the basic spirit of the law and has no legal effect; 2. The principle of accuracy and clarity.

Legal interpretation must provide an accurate, clear, and relevant, interpretation of the legal norms that need to be interpreted; 3. The principle of timeliness. Legal interpretations** should be made in a timely manner when it is necessary to celebrate the application of the law; 4. The principle of prudence. Normative legal interpretations made by state organs have universal legal effect, and special caution must be exercised in order to avoid and reduce as much as possible the negative effects of imitation and hypocrisy caused by errors in the content of legal interpretations.