Provisions of the Supreme People’s Court on the Judicial Interpretation Work were promulgated on 11 Dec. 2006, and amended on 8 June 2021. The latest revision entered into force on 16 June 2021.
There are 31 articles in total. The Provisions aim to regulate and improve the judicial interpretation work.
The key points are as follows:
The power to make judicial interpretations on the specific issues concerning the application of law in trial work of people’s courts shall remain with the Supreme People’s Court.
The judicial interpretations issued by the Supreme People’s Court shall have been deliberated and adopted by the Adjudication Committee, and have a legal effect.
Judicial interpretations may take the form of “interpretations”(解释), “provisions”(规定), “rules” (规则), “replies” (批复) and “decisions” (决定).
After the implementation of judicial interpretations, where the people’s courts take such interpretations as the basis for judgment, they shall invoke them in the judicial documents. Where the people’s courts invoke laws and judicial interpretations at the same time as the basis for judgment, they shall invoke the laws first and then the judicial interpretations.