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학술논문법학논집2008.03 발행

Law and Politics of Legislative Interpretation in China

Law and Politics of Legislative Interpretation in China

George G. Zheng(University of Hong Kong)

12권 2호, 177~196쪽

초록

This article analyzes the constitutional basis and operational principles of legislative interpretation in China. Based on this analysis, it also proposes some reforms on this unique institutional arrangement in order to improve its performance in terms of its own stated reasons and justifications. I choose institutional competence, impartiality, procedural fairness, reasoning and transparency as the major parameters to evaluate the current system and to calibrate my suggestions, because these values have been accepted by a variety of political and legal systems with different agendas and commitments as essential to an institution with some concern for justice.

Abstract

This article analyzes the constitutional basis and operational principles of legislative interpretation in China. Based on this analysis, it also proposes some reforms on this unique institutional arrangement in order to improve its performance in terms of its own stated reasons and justifications. I choose institutional competence, impartiality, procedural fairness, reasoning and transparency as the major parameters to evaluate the current system and to calibrate my suggestions, because these values have been accepted by a variety of political and legal systems with different agendas and commitments as essential to an institution with some concern for justice.

발행기관:
법학연구소
분류:
기타법학

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