Guide to Legislative Interpretation in China (Prof Hualing Fu)

In this short guide, I examine legislative interpretation by the Standing Committee of the National People’s Congress (NPC). I make two related points: 

   (1) It may not be possible to distinguish legislative interpretation from legislative amendment. While they are conceptually distinct, it is a distinction without differences as a matter of legislative practice; and 

 (2) Because of the fuzziness between interpretation and amendment, legislative interpretation, unless otherwise stated, does not have retrospective effect.