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RESOLUTION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS PROVIDING AN IMPROVED INTERPRETATION OF THE LAW

RESOLUTION OF THE STANDING COMMITTEE OF THE NATIONAL
PEOPLE'S CONGRESS PROVIDING AN IMPROVED
INTERPRETATION OF THE LAW

 (Adopted at the 19th Meeting of the Standing Committee of the
Fifth National People's Congress on June 10, 1981)

 



SUBJECT: CONSTITUTION

ISSUING-DEPT: STANDING COMMITTEE OF PEOPLE'S CONGRESS

ISSUE-DATE: 06/10/1981

IMPLEMENT-DATE: 06/10/1981

LENGTH: 620 words

TEXT:

Requests have come in from various localities and departments for interpretation of legal issues since the adoption of several laws at the Second Session of the Fifth National People's Congress.  Furthermore, during practical work there has been variance in the understanding of some articles of the law, which has affected their correct enforcement.  To improve the socialist legal system, it is necessary to provide more legislation and a better interpretation of the law.  The following decisions are made on the interpretation of the law:

(1) In cases where the limits of articles of laws and decrees need to be further defined or additional stipulations need to be made, the Standing Committee of the National People's Congress shall provide interpretations or make stipulations by means of decrees.

(2) Interpretation of questions involving the specific application of laws and decrees in court trials shall be provided by the Supreme People's Court.  Interpretation of questions involving the specific application of laws and decrees in the procuratorial work of the procuratorates shall be provided by the Supreme People's Procuratorate.  If the interpretations provided by the Supreme People's Court and the Supreme People's Procuratorate are at variance with each other in principle, they shall be submitted to the Standing committee of the National People's Congress for interpretation or decision.

(3) Interpretation of questions involving the specific application of laws and decrees in areas unrelated to judicial and procuratorial work shall be provided by the State council and the competent departments.

(4) In cases where the limits of locally enacted rules and regulations need to be further defined or additional stipulations need to be made, the standing committees of the people's congresses of the provinces, autonomous regions, and municipalities directly under the Central Government which have formulated these rules and regulations shall provide the interpretations or make the stipulations.  Interpretation of questions involving the specific application of local rules and regulations shall be provided by the competent departments under the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government.

Some people have a weak sense of legality due to the serious sabotage to the socialist legal system caused by the Lin Biao and Jiang Qing counterrevolutionary cliques and the baneful influence they spread in this regard.  On the other hand, little has been done to publicize the legal system, and many people are far from familar with it.  The Standing Committee of the National People's Congress holds that state institutions at all levels and all people's organizations should do more to publicize and educate people in the socialist legal system.  This should be done in a planned way and with actual problems in mind, using typical case studies, so that the cadres and masses may understand the relevant laws and regulations.  Thus basic legal knowledge can gradually be popularized among the people and the baneful influence spread by the Lin Biao and the Jiang Qing counter-revolutionary cliques through their sabotage of the socialist legal system can be eliminated.  The vast numbers of cadres and masses, particularly the leading cadres at all levels and the law-enforcement personnel in public security organs, procuratorates and courts should be educated in such a way that they will conscientiously observe and correctly apply the laws, handle the various disputes among the people according to law, and know how to use the law as a weapon against all criminal acts that undermine the socialist legal system. 

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