Guangxi s Judicial Interpretation of the Criminal Law of the People s Republic of China, and the Jud

Updated on society 2024-03-13
4 answers
  1. Anonymous users2024-02-06

    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.

  2. Anonymous users2024-02-05

    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.

  3. Anonymous users2024-02-04

    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.

  4. Anonymous users2024-02-03

    If it is a judicial interpretation, only the Supreme Court has the power to formulate it, and the provinces do not have this right.

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