-
The Criminal Law is enacted and amended by the National People's Congress, and the relevant local organs at all levels have no right to make judicial interpretations of the Criminal Law. Originally, the National People's Congress gave judicial organs the power of judicial interpretation, and the Supreme People's Court and the Supreme People's Procuratorate respectively interpreted the specific application of law in adjudication and procuratorial work, but did not authorize local people's congresses at all levels to have the power of judicial interpretation. After the promulgation of the "Legislation Law", the judicial interpretation power of the "two supremes" has no legal basis, let alone the local legislature.
According to the June 1981 Resolution of the Standing Committee of the National People's Congress on Strengthening the Work of Legal Interpretation, the National People's Congress has given judicial organs the power of judicial interpretation, and the Supreme People's Court and the Supreme People's Procuratorate have respectively interpreted the specific application of law in adjudication and procuratorial work. Article 2 of the "Resolution" clearly shows that the Standing Committee of the National People's Congress only authorizes the Supreme People's Court to interpret the application of law in adjudication work, which can be understood to a certain extent as the Standing Committee of the National People's Congress limiting the scope of the Supreme People's Court's judicial interpretation. However, in 2007, the Supreme People's Court enacted its own "Provisions", which went beyond the scope of the NPC Standing Committee's authorization, greatly expanded the space and power to interpret the law itself.
Article 2 of the Provisions of the Supreme People's Court on Judicial Interpretation Work stipulates: "The Supreme People's Court shall make judicial interpretations on the specific application of law by the people's courts in adjudication work.
Article 45 of the Legislation Law stipulates that "the power to interpret laws shall belong to the Standing Committee of the National People's Congress". After the promulgation of the Legislation Law, it can be seen that the National People's Congress and its Standing Committee, as the legislature, reversed the Resolution they passed in 1981"Two highs"Authorization of judicial interpretations. Because, in the Legislation Law, there is no provision"Two highs"It has the right to interpret the law, but this power has been replaced by the Standing Committee of the National People's Congress.
Clearly, the Legislation Act has a higher effect than the Resolution. That's it, after the promulgation of the Legislation Law"Two highs"The right to interpret the law, which was still legitimate, has become increasingly embarrassing and controversial, and even if their judicial interpretation has played an important role, the local legal organs have no power to interpret it.
-
Judicial interpretations are made by the Supreme People's Court, and cannot be interpreted by autonomous regions.
However, the Penal Code gives provincial-level people's congresses, including autonomous regions, the power to adapt their provisions.
But if you don't know which crime you are referring to, you can consult the Guangxi judicial department.
-
Provincial judicial organs are not allowed to issue judicial interpretations, so it is impossible for the provinces to have judicial interpretations of the Ninth Amendment to the Criminal Law.
Several Provisions of the Supreme People's Court on Judicial Interpretation Work emphasize that the power of judicial interpretation must be exercised by the Supreme People's Court in accordance with law. The Supreme People's Court shall, in accordance with the "People's Court Organization Law", "Supervision Law", "Resolution of the Standing Committee of the National People's Congress on Further Strengthening Legal Interpretation Work", and other legal provisions, exercise judicial interpretation power on issues of the specific application of law in adjudication work strictly within the scope of the law.
Article 2 of the Several Provisions of the Supreme People's Court on Judicial Interpretation Work stipulates that the Supreme People's Court shall make judicial interpretations on the specific application of law by the people's courts in adjudication work.
-
If it is a judicial interpretation, only the Supreme Court has the power to formulate it, and the provinces do not have this right.
Legal Analysis: Add one article after article 37 of the Criminal Law to be article 37-1: "Where a person is sentenced to a criminal punishment for taking advantage of his profession to facilitate the commission of a crime, or for committing a crime that violates the specific obligations required by his profession, the people's court may, on the basis of the circumstances of the crime and the need to prevent further crimes, prohibit him from engaging in the relevant profession for a period of three to five years from the date on which the criminal punishment is completed or the date of parole." >>>More
If the mediation letter is not signed, it can be reversed. Otherwise, the arbitration mediation document and the court mediation document shall be mandatory after signing.
1. Determination of marriage fraud under fraud and coercion: >>>More
The business term is what we call the term of use of the business license, and the business term in China is divided into two types, namely the term and the indefinite. In practice, many people don't know what to do when the company's operating period expires? In response to this problem, the following is a brief analysis for you. >>>More
These two heroes don't seem to suffer in the line There is no advantage or disadvantage in skills It still depends on the technique But the flexibility of the nine-tails' skills is stronger than EZ A slight advantage Your Q should be used well You can finish crushing him If you can deceive him Remember that after Q is released, he dodges that side You will stand on which side Let Q draw a V-shaped You can draw a V-shaped You are small His skills are all straight You just pay attention to it Your Q is all in the middle It hurts a lot more than his Good EZ is not so stupid Crossing the line to chase you That's purely a gift of money, and you will gladly accept it with an e, but when the group is in the group, you beware of his big yin, and you're disgusting. . . You're right, but there is another reason that you may be in a hurry, always want to kill the other party, be a fox, slowly wear off the opponent's blood, put pressure on the opponent's psychology, and then find the right opportunity to rush forward and counter-kill Your Q should try to do it When you release it, make up for the remnants of the blood, and when you come back, you can hit him as much as possible When you look at him and are concentrating on the remnants of the blood, hit him with the tip of the arrow pointing at Q It hurts very much Because the back and forth damage will be all hit at the same time Look for more feelings Heroes of the anticipation class must have the ability to estimate where the opponent will go next The place where your skill is not his current position is but his next position The fox's obscenity is this point NB's fox has the feeling that no matter how you dodge, you just can't hide If you can do it Then Congratulations Brother You're not far from the god level...