Supreme People's Procuratorate Provisions On Judicial Interpretation Work (2019)

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Promulgation Date: 2019-5-13
Title:Supreme People's Procuratorate Provisions on Judicial Interpretation Work
[Document Number]
Expiration date: 
Promulgating Entities:Supreme People's Procuratorate
Source of text: http://www.spp.gov.cn/xwfbh/wsfbt/201905/t20190513_417914.shtml#2

Chapter I: Ordinary Provisions

Article 1: These Provisions are formulated on the basis of the "Organic Law of the Peoples Procuratorates of the People's Republic of China" The "Standing Committee of the National People's Congress' Resolution on Strengthening Judicial Interpretation Work", and other provisions of law combined with actual procuratorial work, so as to strengthen and standardize judicial interpretation work, to unify the application standards of laws, and to safeguard judicial fairness.

Article 2: The Supreme People's Procuratorate is to make judicial interpretations on issues on the specific application of law in the people's procuratorates' procuratorial work.

Local people's procuratorates and specialized people's procuratorates must not draft judicial interpretations, or documents like judicial interpretations.

Article 3: Judicial interpretations shall primarily address specific legal articles, and comply with the legislative purpose, principles, and original intent.

Article 4: Judicial interpretation work shall receive oversight from the National People's Congress and its Standing Committee in accordance with law.

Where the National People's Congress and its Standing Committee find that judicial interpretations contradict legal provisions, the Supreme People's Procuratorate shall promptly revise or revoke them.

Where, during the course of researching the formulation of judicial interpretations, the specific meanings of legal provisions need to be further clarified or new situations emerged after the enactment of laws requiring clarification of the legal basis for applying laws, the Supreme People's Procuratorate shall submit requests to the Standing Committee of the National People's Congress for legal interpretations or for bills drafting or revising relevant laws.

Article 5: Judicial interpretations formulated and published by the Supreme People's Procuratorate have legal force. Where people's procuratorates need to cite laws and judicial interpretations in indictments, procuratorial counter-appeals, procuratorial suggestions and other legal documents, they shall cite laws before citing judicial interpretations.

Article 6: Judicial interpretations are to adopt forms such as "Interpretation", "Rules", "Provisions", "Reply", and "Decision" and are to be uniformly edited and assigned a Supreme People's Procuratorate Judicial Interpretation number.

For judicial interpretations drafted on how to specifically apply certain laws or how to apply laws towards certain kinds of cases or certain kinds of problems during procuratorial work, employ the "Interpretation" or "Rules" forms.

For judicial interpretations such as case handling standards or opinions that are necessary for procuratorial work, employ the form of "Provisions."

For judicial interpretations formulated in response to the requests for instruction of provincial people's procuratorates (including PLA Military Procuratorate, the People's Procuratorate for the Xinjiang Production and Construction Corps) regarding questions on the specific application of laws during procuratorial work, adopt the form of "Reply."

For the revision or revocation of judicial interpretations, adopt the form of "Decision."

Article 7: For problems on the specific application of laws that concurrently involve both procuratorial work and adjudicatory work, the Supreme People's Procuratorate shall consult and request the Supreme People's Court jointly formulate judicial interpretations. Where the Supreme People's Court consults and requests the Supreme People's Procuratorate jointly formulate judicial interpretations, the Supreme People's Procuratorate shall jointly research and formulate.

Where the judicial interpretations jointly formulated by the Supreme People's Procuratorate and the Supreme People's Court need to be revised, supplemented or revoked, [the Supreme People's Procuratorate] shall consult with the Supreme People's Court.

Article 8: The Supreme People's Procuratorate's Law and Policy Research Office and procuratorial divisions are responsible for the work of researching and drafting judicial interpretations. The Law and Policy Research Office is primarily responsible for efforts to research and draft comprehensive judicial interpretations that involve the operations of multiple departments, and each procuratorial division is primarily responsible for efforts to research and draft judicial interpretations within that department's operations.

The Law and Policy Research Office is responsible for work such as initiating, reviewing, numbering, and cleaning up judicial interpretations.

Local people's procuratorates and special people's procuratorates shall cooperate with the Law and Policy Research Office of the Supreme People's Procuratorate, and each procuratorial division, to complete work related to judicial interpretations.

Chapter II: Initiating Judicial Interpretation Projects

Article 9: Projects shall be initiated to formulate judicial interpretations.

Sources for the initiation of projects for the Supreme People's Procuratorate to formulate judicial interpretation include:

(1) Decisions of the Procuratorial Committee of the Supreme People's Procuratorate to formulate judicial interpretations;

(2) The procurator general of the Supreme People's Procuratorate's instructions to formulate judicial interpretations;

(3) Proposals to formulate judicial interpretations put forward by the Law and Policy Research Office of the Supreme People's Procuratorate and other relevant operational units;

(4) Requests to formulate judicial interpretations submitted by provincial people's procuratorates to the Supreme People's Procuratorate;

(5) Proposals or motions to formulate judicial interpretations put forward by delegates to the National People's Congress or members of the National Committee of the CPPCC;

(6) Proposals to formulate judicial interpretations put forward by relevant departments, social groups or other organizations and citizens;

(7) Other situations that the Supreme People's Procuratorate deem necessary to formulate judicial interpretations.

Where people's procuratorates below the provincial level find it necessary to formulate judicial interpretations, they shall report up to the provincial people's procuratorates level by level, which are to decide after examination whether to submit requests for instructions to the Supreme People's Procuratorate.

Article 10: Where the procuratorial committee of the Supreme People's Procuratorate decides to draft a judicial interpretation, or the chief procurator of the Supreme People's Procuratorate instructs that a judicial interpretation be drafted, the Supreme People's Procuratorate Law and Policy Research Office is to directly initiate the project.

For other suggestions to initatiate a project for drafting judicial interpretations, the Supreme People's Procuratorate Law and Policy Research Office is to submit a review opinion and report to the Procurator-General for a decision.

Article 11: Where procuratorate divisions need to draft judicial interpretations, they shall submit recommendations for initiating projects in the following year before the end of each year.

Where temporary drafting of judicial interpretations is required for work, recommendations for initiating projects shall be promptly submitted.

Article 12: Based on the state of project initiation, the Law Policy Research Office is to draft a preliminary judicial interpretation work plan at the start of each year, and report it for decision of the Procurator General to submit it to the procuratorial committee for deliberation.

As required for work, additions or adjustments may be made to the judicial interpretation work plans as decided by the Procurator-General the Procuratorial Committee.

Article 13: Judicial interpretations shall be completed in accordance with the annual work plan. Where they cannot be completed in accordance with the annual work plan, the departments drafting judicial interpretations shall promptly issue a written explanation, and the Law and Policy Research Office is to submit a comment of whether to continue initiating the project and report to the Procurator-General for a decision.

Chapter III: Drafting and Review of Judicial Interpretations

Article 14: For judicial interpretations on which a project has already been initiated, the drafting departments shall promptly carry out investigation and drafting efforts, and put together a judicial interpretation opinion draft.

Article 15: Judicial interpretation opinion drafts shall be sent to the relevant special committees of the National People's Congress or the relevant working bodies of the Standing Committee of the National People's Congress to solicit comments.

The opinions of relevant institutions, local people's procuratorates and special people's procuratorates on judicial interpretation opinion drafts shall be solicited; and the opinions of National People's Congress deputies, political consultative conference members, experts and scholars, and so forth, may also be solicited based on the circumstances.

Upon decision of the Procurator-General, judicial interpretations involving the immediate interests of the public at large, public solicitation of comments may be carried out through newspapers, the internet, or other media.

Article 16: Where after the departments drafting judicial interpretations solicit opinions and revise the judicial interpretation opinion drafts, they feel that it may be submitted to the procuratorial committee for deliberation, they shall form a draft judicial interpretation to be sent for deliberation, write an explanation of the drafting, attach typical cases and other relevant materials, and upon the consent of relevant deputy chief procurator, send it to the Law and Policy Research Office for deliberation.

Article 17: The explanation of the drafting of judicial interpretation deliberation is to include the following content:

(1) The source and background of project establishment;

(2) The process of research, drafting, and revision;

(3) Article by article explanation of the draft judicial interpretation to be sent for deliberation; including the comments of all sectors, focuses of controversies, and the comments and reasoning of the drafting departments;

(4) A work plan for publication and training after the judicial interpretations are passed.

Article 18: The Law and Policy Research Office shall conduct a review of the draft judicial interpretations to be sent for deliberation and their explanations. Where it is found that further revisions, supplementation, or debate is necessary, an opinion is to be submitted in writing, and returned to the drafting departments.

Where it is found that it is necessary to solicit the opinions of relevant organs, report for approval to a deputy chief procurator with authority, and solicit opinions in the name of the Supreme People's Procuratorate or the General Office of the Supreme People's Procuratorate.

Where it is found that it may be submitted to the procuratorial committee for deliberation, a judicial interpretation deliberation draft is to be formed and sent to the Procurator General for a decision on submission to the procuratorial committee for review.

Chapter IV: Deliberation by the Procuratorial Committee

Article 19: Judicial interpretations promulgated by the Supreme People's Procuratorate shall be deliberated and passed by the Procuratorial Committee of the Supreme People's Procuratorate.

In procuratorial committee deliberation of judicial interpretations, the Law and Policy Research Office is to give a report, the drafting departments are to explain relevant issues, and the committee's inquiries are to be answered.

Article 20: Judicial interpretations that are deliberated and passed by the procuratorial committee are to be signed and issued by the Procurator General after the Law and Policy Research Office has revised the judicial interpretation deliberation draft based on deliberation comments.

Article 21: Where, upon deliberation, the Procuratorial Committee finds the conditions are not ripe for formulating a judicial interpretation, it may decide to conduct further research and debate, or revoke the project.

Chapter V: The Publication and Recording of Judicial Interpretations

Article 22: Supreme People's Procuratorate's judicial interpretations are to be publicly released in the form of Supreme People's Procuratorate Announcements. in the Gazette of the Supreme People's Procuratorate and on the official website of the Supreme People's Procuratorate

Article 23: The time at which judicial interpretations take effect is the date on which they are published and announced by the Supreme People's Procuratorate. Except as otherwise provided for by the judicial interpretations.

Article 24: Judicial interpretations shall be submitted to the Standing Committee of the National People's Congress for recording within thirty days of promulgation.

Chapter VI: Other Relevant Work

Article 25: The Law and Policy Research Office of the Supreme People's Procuratorate shall conduct inspections and assessments on the implementation and efficacy of judicial interpretations by local people's procuratorates and special people's procuratorate.

Article 26: After laws are drafted, revised, or abolished, the content of the relevant judicial interpretations that contravene the provisions of the currently effective laws automatically lose effect; the Supreme People's Procuratorate shall promptly amend or abolish the relevant judicial interpretations.

Article 27: The Supreme People's Procuratorate is to clean up [清理] judicial interpretations at regular intervals and compile the judicial interpretations currently in effect. The clearing up of judicial interpretations is to be handled with reference to the relevant provisions of the formulation procedure of judicial interpretations.

Situations of the clearing up of judicial interpretations shall be promptly reported to the Standing Committee of the National People's Congress.

Article 28: These Provisions take effect on the date of printing and issue.

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