最高人民法院裁判、司法解释的法律地位 |
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摘 要: |
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The legal status of decisions and judicial interpretations of the Supreme Court of China |
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Authors: | Shibing Cao |
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Institution: | (1) General Office of the Supreme Court, Beijing, 100745, China |
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Abstract: | The decisions and the legislative interpretations of judicial interpretations of the Supreme Court of China can be considered
as a part of Mainland China’s customary law, and carried by decisions and judicial interpretations. Customary law is the very
source of its normal force and they are supposed to be an informal source of the law for they have the required characteristics
for substantiating customary law. Accordingly, the legislative judicial interpretations and decisions of the Supreme Court
that are qualified to be promulgated in the Gazette of the Supreme Court should be standardized by the requisites of customary
law and have the quality supposed to be universally fair.
Cao Shibing is a senior judge of the Supreme Court of China majoring in civil law, and he was awarded the doctorate of law
by the Chinese Academy of Social Sciences. Till now, he has published an amount of academic works, for instance, On Anti-monopoly Law (1996), Resolve of the Problems in the Suretyship Law of China and its Prospect (2001), On Insolvency Law of China (2003), and his translated book in Chinese (1998) —The Death of Contract (originally written by Grant Gilmore in 1995). |
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Keywords: | judicial interpretations decisions customary law legal force |
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