Abstract:In our current legal interpretation system, there are some problems caused by the exercise of the power of legal interpretation by the NPC Standing Committee, such as the exercise of power of legal interpretation not conforming to law, the regulations of the exercise of the power of legal interpretation not being clear, and the exercises of the power of legal interpretation by the NPC Standing Committee leading to confusion between legislation and legal interpretation. According to theory, the basis supporting legislature to exercise the power of legal interpretation is unreasonable. Legislature is the author of the law, so legislature exercising the power of legal interpretation violates interpretation theory. Legislature does not enforce law, so legislature does not need to exercise the power of legal interpretation. Legislature masters the power of legislation, so it is invalid for legislature to exercise the power of legal interpretation. Thus, the power of legal interpretation of legislature should be abolished.
魏胜强. 立法机关的法律解释权述评——从全国人大常委会的法律解释权说起[J]. , 2012, 1(1): 19-28.
WEI Sheng qiang. Comment on the Power of Legal Interpretation of Legislature: Starting from the Power of Legal Interpretation of the NPC Standing Committee. , 2012, 1(1): 19-28.