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3 - Judicial Interpretation as a de facto Primary Statute for Adjudication

Published online by Cambridge University Press:  07 July 2022

Shucheng Wang
Affiliation:
School of Law, City University of Hong Kong
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Summary

This chapter examines Supreme People’s Court (SPC)’s judicial interpretation, which has been formally legalized as a source of law for adjudication, as well as its relationship with various other statutes in China’s legislative system. It points out that the inner logic of China’s legislation with different hierarchical status, as distinct from those of democratically elected parliamentary systems, is determined by the de facto distribution of legislative power within its authoritarian regime, where the SPC has become a significant player in exercising legislative power in a way that has largely evolved beyond its constitutional settings. In particular, it investigates the unique inner logic of SPC’s judicial interpretations, which have become a de facto primary source of law for adjudication in practice.

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Information
Law as an Instrument
Sources of Chinese Law for Authoritarian Legality
, pp. 60 - 81
Publisher: Cambridge University Press
Print publication year: 2022

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