China Justice Observer

中国司法观察

EnglishArabicChinese (Simplified)Chinese (Traditional)DutchFrenchGermanItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

SPC Revises Provisions on Judicial Interpretation

Thu, 22 Jul 2021
Categories: China Legal News

Pursuant to a Circular issued by China’s Supreme People’s Court (SPC) on 9 June 2021, the “Decision of the Supreme People's Court on Revising the Provisions of the Supreme People's Court on Judicial Interpretation (最高人民法院关于修改〈最高人民法院关于司法解释工作的规定〉的决定) came into force on June 16.

The SPC shall make judicial interpretations on issues concerning the specific application of law in the judicial practice of the courts.

According to the previous version of the “Provisions on Judicial Interpretation” (关于司法解释工作的规定), there were only four types of judicial interpretations, namely, interpretations (解释), provisions(规定), decisions(决定) and replies(批复). In accordance with the amended version, the “Rule”(规则) is the fifth type of judicial interpretation.

Such amendment clarifies the nature of many legal documents issued by the SPC under China’s legal framework. According to the new version of the “Provisions on Judicial Interpretation (关于司法解释工作的规定), documents named with the "Rule(s)", such as the Online Litigation Rules for People’s Courts” (人民法院在线诉讼规则, promulgated on 17 June 2021), also fall within the scope of judicial interpretation and hence has legal force.

 

 

Cover Photo by Kaiyu Wu (https://unsplash.com/@kaiyu_wu) on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

Related laws on China Laws Portal

You might also like

China to Strengthen the Cybersecurity of Intelligent Connected Vehicles

In June 2021, the Ministry of Industry and Information Technology issued the proposed “Notice on Strengthening the Cybersecurity of Telematics (Intelligent Networked Vehicles) (Draft for Public Comment) (关于加强车联网(智能网联汽车)网络安全工作的通知(征求意见稿)), aiming to regulate the development, utilization and sharing of data, and to strengthen the security management of data transmitted abroad.

China to Promote Diversified Settlement of Tourism Disputes

In June 2021, China's Ministry of Culture and Tourism and the Ministry of Justice jointly issued the “Notice on Carrying out the Pilot Work of Connecting Mediation and Arbitration of Tourism Complaints” (关于开展旅游投诉调解与仲裁衔接试点工作的通知), proposing the establishment, on a pilot basis, of special arbitration platforms for tourism complaints and encouraging the settlement of tourism disputes through mediation.

NHSA Seeks Comments on Medical Security Law

In June 2021, China's National Healthcare Security Administration released the “Medical Security Law (Draft for Public Comment)” (医疗保障法(征求意见稿)) for public comment.

SPC Revises Provisions on Judicial Interpretation

In June 2021, the "Decision of the Supreme People's Court on Revising the Provisions of the Supreme People's Court on Judicial Interpretation" (最高人民法院关于修改〈最高人民法院关于司法解释工作的规定〉的决定) came into force, which incorporates “Rules” (规则) as the fifth type of judicial interpretations.