Work Rules of the Supreme People's Procuratorate for Judicial Interpretations (Revised in 2019)

Work Rules of the Supreme People's Procuratorate for Judicial Interpretations (Revised in 2019)
Work Rules of the Supreme People's Procuratorate for Judicial Interpretations (Revised in 2019)

Gao Jian Fa Ban Zi [2019] No.55

May 13, 2019

(Adopted at the 53rd Session of the Tenth Procuratorial Committee of the Supreme People's Procuratorate on April 18, 2006, revised for the first time at the 45th Session of the 12th Procuratorial Committee of the Supreme People's Procuratorate on December 16, 2015, and revised for the second time at the 16th Session of the 13th Procuratorial Committee of the Supreme People's Procuratorate on March 20, 2019)

Chapter I General Provisions

Article 1 The Rules are hereby formulated in combination with the actual conditions of procuratorial work and in accordance with the Law of the People's Republic of China on the Organization of the People's Procuratorates, the Decision of the Standing Committee of the National People's Congress on Strengthening Legal Interpretations and other laws in order to strengthen and regulate judicial interpretations, unify law application standards and maintain judicial justice.

Article 2 The Supreme People's Procuratorate (the "SPP") will make judicial interpretations for specific law application problems of the people's procuratorates during procuratorial work.
Local people's procuratorates and special ones shall not prepare judicial interpretations or documents in the nature of judicial interpretations.

Article 3 Judicial interpretations shall be made primarily for specific legal provisions, and conform to the purposes, principles and original intentions of legislation.

Article 4 Judicial interpretations shall be supervised by the National People's Congress and its standing committee according to the law.
The National People's Congress and its standing committee believe that if judicial interpretations breach relevant legal provisions, the SPP shall amend or repeal them in due time.
If it is necessary to further clarify the concrete meanings of legal provisions in the process of study and formulation of judicial interpretations, or it is necessary to specify law application bases in the event of any new condition after the formulation of a relevant law, the SPP shall put forward requirements for judicial interpretations in regard to any proposal on the formulation of or amendment to the relevant law to the Standing Committee of the National People's Congress.

Article 5 Judicial interpretations formulated and issued by the SPP have legal force.
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