| It is not common to consider legislative interpretation as a specific topic. Legal scholars tend to use the conception of "interpretation of law " and more research is done in the realm of legal interpretation. Legislative interpretation falls into category of statutory interpretation, while its definition partially depends on the standpoint people take, based on "who make it" or just from perspective of science of interpretation.The intention of this article is to take a new look at the real situation of legislative interpretation in China. Our system of legislative interpretation is in some extent different from that of foreign countries and its flaws are also particular. Typical problems of existing system of legislative interpretation include: a) rights of legislative interpretation (NPC Standing Committee) are not exercised completely; b) ambiguity on relationship between legislative interpretation and amendment & supplement of laws; c) form of legislative interpretation is not standard enough. If the above-mentioned flaws or problems are not solved in the right time, they will affect the effectiveness of national legal system, and delay de procedures of socialism legal system construction. What is more, the existence of legislative interpretation is not in conformity with the on-going rule-by-law civilization requirements of the world. Though problems exist, they are worthwhile and reasonable to run the system in practice presently. The reasons are: a) written laws and regulations always can not keep pace with social development; b) the long-last political and economic system are in transition; c) the standard of legal system construction is comparatively inferior; d) now case law exists and written laws have many limitations. Consequently, it is necessary to differentiate legislative interpretation from judicial interpretation and to build an integrated system of legislative interpretation on the basis of existing system and reconstruct it furthermore. Founded on a more standard and perfect system of legislative interpretation, functions of legislative interpretation then would be fulfilled to the utmost when relevant written laws are not available. Above all, we should make law to be "living law" by means of interpreting law properly and at the same time to regulate, guide, safeguard socialist marketing economy in the long run.The emphasis of this article is: a) theory of legislative interpretation; b) abolish legislative interpretation or not; c) reconstruct of legislative interpretation. The article is composed of four parts:Part One: legislative interpretation in theory…definition of legislative interpretation…laws and regulations dealing with legislative interpretation…functions of legislative interpretation …purposes of the articlePart Two: legislative interpretation in practice…relationship between the system of legislative interpretation and the whole system of legal interpretation…comparison to the similar regulations of other countries…issues of legislative interpretation in effectPart Three: necessity of existence of legislative interpretation…argument on abolishing the legislative interpretation or not; recovery on legal interpretation power adscription…relationship between legislative and judicial interpretation…necessity and rationality of reserving legislative interpretation…along with the acceleration of china'democracy-nomocracy course,leglistative interpretation would fade out historyPart Four: suggestions on reconstructing legislative interpretation…the proper status of legislative interpretation in the whole structure of legal interpretation…the extent of case law (judicial interpretation)…proposal as how to make legislative interpretation more perfectIn short, law could not work merely by itself. The approach to make law living is to interpret it according to the true intention of those who make it. The core of legislative interpretation is to avoid misleading, to be loyal to the spirit of the law and it is also...
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