The legal status of decisions and judicial interpretations of the Supreme Court of China

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 judicialinterpretations. 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.

Keywords

judicial interpretation, decision, customary law, legal force