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The Standing Committee of the National People's Congress has the
right to interpret laws. This right might be exercised when the
provisions of a particular law require further clarification as to
their specific meaning. Another example would be where new
developments arising subsequent to a law being brought in give rise
to a need for a clear definition of how the existing law is to be
applied in the new circumstances.
The State Council, the Central Military Commission, the Supreme
People's Court, the Supreme People's Procuratorate and NPC special
committees may all request interpretations of the law. Requests may
also come from the standing committees of the people's congress at
provincial level.
A
specialist executive arm studies and drafts interpretations of the
law which are then scheduled to go forward to a meeting of the NPC
Standing Committee for deliberation. Following this, the Law
Committee will subject the draft to further discussion and
amendment in light of the views of the Standing Committee members
and then prepare a final draft ready to be put to the vote. The
interpretation can then be promulgated by the NPC Standing
Committee if it is approved by a majority of its members.
Interpretations of the law made by the NPC Standing Committee carry
the same weight as the law itself and are equally binding.
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