| The exercise of the interpretation of the power of the Standing Committee of the NPC is not only infrequent but also narrow in scope.In terms of the type of interpretation,the “explanatory interpretation of the legal basis” is far less in quantity than “the interpretation of the specific meaning of the legal provisions”.The causes of the interpretation of the Law by the Standing Committee of the NPC can be divided into two categories: First,after the law is formulated or revised,there is a different understanding of the meaning of the relevant provisions,and it is necessary to further clarify its specific meaning through interpretation.The second is the formulation of laws.Or after the revision,a new situation arises,and the basis for applying the law needs to be clarified by interpretation.The interpretation of the Nationality Law,the Basic Law of the Hong Kong Special Administrative Region and the Basic Law of the Macao Special Administrative Region seems to be accompanied by major events or cases.The Supreme People’s Court and the Supreme People’s Procuratorate are the main subjects of the interpretation of the Standing Committee of the NPC.The Standing Committee of the NPC has a variety of methods for interpreting the law,including textual interpretation,system interpretation,legal interpretation,purpose interpretation,expansion interpretation,anti-interpretation,constitutional interpretation,comparative law interpretation,and sociological interpretation.The reasons for the long-term falsification of the legal interpretation power of the Standing Committee of the NPC are various.The "self-humiliation" of the Standing Committee of the NPC is one of the possible reasons.There is a problem in the exercise of the practice between interpretation power of Standing Committee of the NPC and its legislative power and other subjects’ interpretation of the law.In the application of the interpretation method,there are also problems such as less use of semantic interpretation methods,unclear levels of various interpretation methods,and inappropriate use of some interpretation methods.The legal interpretation made by the Standing Committee of NPC has the same effect as the law it has enacted.The time when the legal interpretation document takes effect is consistent with the time when the interpretation of the law is effective.It is not appropriate to re-handle the act of the legal interpretation document before it is published.For the interpretation of the Standing Committee of the NPC and the corresponding legislative interpretation system,most of the current research in China isbased on western legal interpretation theory,which leads to the loss of local consciousness and problem consciousness.What kind of legal interpretation China needs It should be based on China’s actual national conditions.The discussion of related issues should be more oriented towards practice,not just pure theoretical speculation and reasoning.The practice of law interpreted by the Standing Committee of the NPC shows that the legislative interpretation system still has the practical necessity of its existence at this stage in China.Before a more complete system of legal interpretation can be formed,rather than treating it as “heterogeneous” in the field of legal interpretation,it is better to regard it as a unique power and system with local characteristics.The effective operation of the interpretation power of the Standing Committee of the NPC depends on the further improvement of the legislative interpretation system. |
