Judicial Interpretation of China's Supreme People's Court as "Secondary Law" with Special Reference to Criminal law

Abstract

The analysis of the profile and role of China's Supreme People's Court needs updating. the Court is actively developing new interpretative formts that concern its relations with sister organizations and the National People's Congress. This article contextualizes these formats within China's changing institutional dynamics. China does not have a separation of powers; however, the Chinese systemof justice does have its own separation of functions, but the extent and equality of its indepedndence from other organizations are opten to question. In the context of deepening legalreform the law is still incomplete and imperfect, and Court interpreation has often served as "secondary law." In short, pragamtic judicial interpretations have sometimes preceded legislation by Congress. Remedy such as secondary law might bejustified asabsolute administrative necessity given the outstnading structural problems that characterize China's criminal justice system, but it has attracted internal criticism that argues for narrowing the function of the Court to a more tightly disciplined judicial role as well as for plugging the holes in legal process and strucxture by creating guiding case law and suggestion the "freedom of judge's deciision-making."