The new provisions on judicial interpretation work issued by the Supreme People＇s Court （SPC） explicitly establish two procedural institutions： ＂Citizen motion for project initiation of judicial interpretation＂ ...The new provisions on judicial interpretation work issued by the Supreme People＇s Court （SPC） explicitly establish two procedural institutions： ＂Citizen motion for project initiation of judicial interpretation＂ and ＂Seeking public comment.＂ Under the rubric of democratization, these create ＂primafacie democratic legitimacy＂ for it to carry out the political function of developing law through judicial interpretation, and also enable it to broadly absorb information or knowledge in the course of Chinese-style judicial interpretation, especially abstract interpretation. However, the ＂democratization＂ trend gives also the impression that the SPC hews so close to public opinion that it will find itself in a quandary if it becomes necessary for it to make an independent and wise judgment. The SPC must find an appropriate balance between following behind and standing aloof from public opinion. Therefore, we should not take any further steps in ＂democratization.＂ An acceptable strategy for the present would be for the SPC to retain abstract interpretation in a limited sphere while working on reforming the content, form and system of concrete interpretation and extending its scope of application, letting the two models of judicial interpretation coexist and compete for future development and choices.展开更多
State policies exert a great influence over Chinese civil justice. Article 6 of the General Principles of Civil Law stipulates that state policies are a source of civil law, but the path by which they enter civil just...State policies exert a great influence over Chinese civil justice. Article 6 of the General Principles of Civil Law stipulates that state policies are a source of civil law, but the path by which they enter civil justice is not a rational one and may lead to adjudication difficulties with state policies. State policies are integrated with state law, and the laws and legal interpretations formulated by the National People＇s Congress and its Standing Committee, judicial interpretations, administrative regulations, autonomous regulations and special regulations, administrative rules and other regulatory documents are forms of expression of state policies. Different rules for adjudication apply depending on the different vehicles of state policy. The Supreme People＇s Court can play a role in making public policy and guiding state policy into civil adjudication through ＂open＂ and ＂unseen＂ channels.展开更多
文摘The new provisions on judicial interpretation work issued by the Supreme People＇s Court （SPC） explicitly establish two procedural institutions： ＂Citizen motion for project initiation of judicial interpretation＂ and ＂Seeking public comment.＂ Under the rubric of democratization, these create ＂primafacie democratic legitimacy＂ for it to carry out the political function of developing law through judicial interpretation, and also enable it to broadly absorb information or knowledge in the course of Chinese-style judicial interpretation, especially abstract interpretation. However, the ＂democratization＂ trend gives also the impression that the SPC hews so close to public opinion that it will find itself in a quandary if it becomes necessary for it to make an independent and wise judgment. The SPC must find an appropriate balance between following behind and standing aloof from public opinion. Therefore, we should not take any further steps in ＂democratization.＂ An acceptable strategy for the present would be for the SPC to retain abstract interpretation in a limited sphere while working on reforming the content, form and system of concrete interpretation and extending its scope of application, letting the two models of judicial interpretation coexist and compete for future development and choices.
文摘State policies exert a great influence over Chinese civil justice. Article 6 of the General Principles of Civil Law stipulates that state policies are a source of civil law, but the path by which they enter civil justice is not a rational one and may lead to adjudication difficulties with state policies. State policies are integrated with state law, and the laws and legal interpretations formulated by the National People＇s Congress and its Standing Committee, judicial interpretations, administrative regulations, autonomous regulations and special regulations, administrative rules and other regulatory documents are forms of expression of state policies. Different rules for adjudication apply depending on the different vehicles of state policy. The Supreme People＇s Court can play a role in making public policy and guiding state policy into civil adjudication through ＂open＂ and ＂unseen＂ channels.
