Provisions of the Supreme People's Court on judici

Provisions of the Supreme People's Court on judicial interpretation I. General Provisions Article 1 in order to further standardize and improve judicial interpretation, in accordance with the relevant provisions of the organic law of the people's courts of the people's Republic of China, the supervision law of the standing committees of the people's congresses at all levels of the people's Republic of China, and the resolution of the Standing Committee of the National People's Congress on strengthening legal interpretation, This regulation is formulated

Article 6 the forms of judicial interpretation are divided into "interpretation", "regulation", "reply" and "decision"

adopt the form of "interpretation" on how to apply a certain law in the trial work or how to apply the judicial interpretation formulated by the law to a certain class of cases and problems

according to the spirit of legislation, the judicial interpretation of norms, opinions, etc. that need to be formulated in the trial work is in the form of "Regulations"

the judicial interpretation formulated by the higher people's court and the military court of the people's Liberation Army on the specific application of legal issues in the trial work adopts the form of "reply"

revise or abolish the judicial interpretation and adopt the form of "decision 1. There are many ways to determine the safety protective equipment of tensile testing machine"

Article 8 The Research Office of the Supreme People's court shall be responsible for the establishment, examination and coordination of judicial interpretation

II. Project establishment

Article 9 the establishment of judicial interpretation shall be established

Article 10 the source of the project for the Supreme People's court to formulate judicial interpretation:

(I) the judicial committee of the Supreme People's court has put forward the request for the formulation of judicial interpretation

(2) the judicial departments of the Supreme People's court put forward suggestions on the formulation of judicial interpretation

(3) the higher people's courts and the military courts of the people's Liberation Army put forward suggestions on the formulation of judicial interpretations or requests for instructions on the application of law

(4) proposals and proposals for the formulation of judicial interpretation put forward by deputies to the National People's Congress and members of the National Committee of the Chinese people's Political Consultative Conference

(5) suggestions made by relevant state organs, social organizations or other organizations and citizens on the formulation of judicial interpretations

(VI) other circumstances where the Supreme People's court deems it necessary to formulate judicial interpretations

if the basic people's court and the intermediate people's court believe that it is necessary to formulate a judicial interpretation, they should report it to the higher people's court, which will review and decide whether to make suggestions to the Supreme People's court for the formulation of a judicial interpretation or request instructions on the application of law

Article 11 if the judicial committee of the Supreme People's court requires the formulation of judicial interpretation, the research office shall directly establish the project

for other sources of establishing judicial interpretation, the research office will review whether to establish the project

Article 12 If the judicial business departments of the Supreme People's court intend to formulate judicial interpretations of "interpretation" and "provisions", they shall put forward project proposals for the next year before the end of each year and send them to the research office

the research office will gather the general project proposal of reinstalling the software, draft the annual project plan of judicial interpretation, and submit it to the judicial committee for discussion and decision after being approved by the leaders of the court in charge

if the judicial interpretation project needs to be increased or adjusted due to special circumstances, the relevant departments shall put forward suggestions, which shall be reported by the research office to the leader of the hospital in charge for approval and then to the executive vice president or the president for decision

Article 13 if the judicial business departments of the Supreme People's court intend to formulate replies to the requests of the higher people's court and the military court of the people's Liberation Army, they shall timely put forward project proposals and send them to the research office for project approval

Article 14 the project establishment plan of judicial interpretation shall include the following contents: the source of the project, the necessity of the project establishment, the main matters that need to be explained, the drafting plan of judicial interpretation, the undertaking department and other necessary matters

Article 15 judicial interpretation shall be completed in accordance with the project plan discussed and approved by the judicial committee. If the project is not completed according to the project plan, the drafting department shall write a written explanation in time, and the research office shall submit it to the leader of the hospital in charge for approval and then submit it to the judicial committee to decide whether to continue the project

III. drafting and submission

Article 16 the drafting of judicial interpretations is the responsibility of the judicial business departments of the Supreme People's court

the Research Office of the Supreme People's court is responsible for drafting or organizing and coordinating the comprehensive judicial interpretation involving the functional scope of different trial business departments, and selecting a level 1 experimental machine for general material experiments is fully enough to be drafted by relevant departments

Article 17 in drafting judicial interpretations, in-depth investigation and research should be carried out, trial practical experience should be carefully summarized, and opinions should be widely solicited

judicial interpretations involving the vital interests of the people or major and difficult issues shall be submitted to the executive vice president or the president for decision after being examined and approved by the leaders of the hospital in charge, and opinions may be solicited from the public

Article 18 the draft of judicial interpretation for examination shall be submitted to the relevant special committee of the National People's Congress or the relevant working department of the Standing Committee of the National People's Congress for comments

Article 19 before submitting the judicial interpretation for trial to the judicial committee for discussion, the drafting department shall submit the draft for trial and its description to the research office for review

the draft of judicial interpretation for examination and its instructions include: project initiation plan, investigation report, consultation, review opinions of the vice president in charge on whether to submit it for trial, main controversial issues and relevant laws, regulations, judicial interpretation and other relevant materials

Article 20 the research office mainly reviews the following contents:

(I) whether it conforms to the Constitution and legal provisions

(2) whether it exceeds the jurisdiction of judicial interpretation

(III) whether it duplicates or conflicts with relevant judicial interpretations

(IV) whether it was a few days ago