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1 In relation to the basic legal system of China:
(a) (i) explain the term judicial interpretation; (3 marks)
(ii) explain the legal basis for the Supreme People’s Court to issue a judicial interpretation. (3 marks)
(b) Article 428 of the Contract Law of China provides that upon the implementation of this law, the previous contract laws shall be simultaneously abolished. Based on this provision, the Supreme People’s Court has issued a Judicial Interpretation on the Application of the Contract Law.
In relation to this Judicial Interpretation, state the rule of the applicable law to deal with a contractual dispute brought to the people’s court after the date of implementation of the Contract Law but the contract was concluded before that date. (4 marks)
答案：
1. This question requires candidates to explain the term judicial interpretation made by the Supreme People’s Court, and state the rule of applicable law which is contained in the Judicial Interpretation on the Application of the Contract to deal with the special circumstances under which a contract was concluded before the date of implementation of the Contract Law but the dispute is brought after that date to the people’s courts.
(a) (i) The term judicial interpretation refers to the interpretations, made by the national supreme judicial authorities (the Supreme People’s Court and the Supreme People’s Procuratorate), toward the general matters, or specific inquires brought by the local judicial authorities relating to specific application of laws in their judicial practices.
(ii) The legal basis for the Supreme People’s Court and the Supreme People’s Procuratorate to formulate a judicial interpretation is the authorisation of the National People’s Congress (NPC). On 10 June 1981, the NPC Standing Committee adopted a Resolution on Strengthening the Work of Law Interpretation which authorises these two national judicial authorities to give judicial interpretations on matters of the application of law.
(b) In accordance with Article 1 of the Judicial Interpretation on the Application of the Contract Law issued by the Supreme People’s Court, if a dispute brought to the people’s court is relevant to a contract concluded before the date of the implementation of the Contract Law, the former provisions of the three contract laws shall apply, except that this Interpretation provides otherwise. Where there was no provision as contained in any one of the former contract laws, relative provisions prescribed in the Contract Law may apply.
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