JUDICIAL INTERPRETATION IN CHINAPDF电子书下载

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Chapter 1 Introduction 1

Article 78 of the 1954 Constitution 7

The 1979 Organic Law of the People's Courts 9

The 1982 Constitution 10

Chapter 2 The Supreme People's Court and the Gazette 21

The Legal Status of the Court 21

With Lower Courts 21

With the Procuratorate 26

With the Legislature 29

What is the Gazette? 32

The Gazette's Author 33

The Gazette's Contents 38

The Gazette's Relation to the Court 45

Chapter 3 An Examination of the Documents in the Gazette 49

The Limitations 49

Violation of the Limitations 51

Why does the Court Ignore the Limitations? 59

Commentary 63

Chapter 4 An Examination of Interpretations in the Gazette 73

The Restraints on the Court's Interpretations 73

Does the Court Give Interpretations Properly? 78

Putting the Owner of Individual Enterprises within the Scope of Criminal Offenders 78

Shortening the Term of Suspension 83

Interpretation or Legislation? 91

Did the Court Supervise the Enforcement of the Constitution? 94

The Basis for the Court to Give Interpretations 106

Why did the Court Change its Interpretations? 112

Is There any Conflict Between the Court's Opinions and Party Policy? 115

Why Does the Court Show No Respect for the Legislature? 118

Commentary 125

Chapter 5 An Examination of Cases Published in the Gazette 131

Introduction 131

The Role that Decided Cases Once Played in Chinese History 134

Before 1949 134

After 1949 137

Guidance or Precedents ? 142

A Brief Introduction to Cases Published in the Gazette 143

Guidance or Precedent? 145

How do Gazette Cases Provide Guidance? 160

Following Party Policy Closely: The Li Fuyong Case 161

Awaiting the Change of Party Policy: The Zhao Hengdong Case 165

Avoiding Sensitive Constitutional Issues: The Duyong Case 169

Special Features of Gazette Cases 180

Commentary 185

Chapter 6 Closing Commentary 191

The Chinese Rule of Law and its Implications for the Judiciary 193

The Rule of Law in the West 198

General Meaning of the Concept 198

Some Particular Aspects of the Concept 201

Is the Western Rule of Law Adaptable to China? 203

Does China Need an Independent Judiciary? 207

The Changes Regarding the Role of the Supreme People's Court 212

External Changes 213

Internal Changes 226

Conclusion 234

APPENDICES 243

Appendix A The Supreme People's Court: Notice on Strengthening Economic Adjudications 243

Appendix B The Case of Li Fuyong, Liu Jianxin and Yang Wengao who Sabotaged Electric Power Equipment 250

Appendix C The Case of Zhao Hengdong Released Upon his Innocence 254

Index 261

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