Journal of Shanghai University (Social Science Edition) ›› 2025, Vol. 42 ›› Issue (4): 14-28.
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Abstract: Party leadership in legislation represents the fundamental path and essential guarantee for achieving sound laws and effective governance in China. Its core objective is to transform the propositions of the Communist Party of China into the state’s will, ensuring the implementation of Party policies through the enforcement of state laws. Grounded in the organic integration and flexible application of political, ideological, and organizational leadership, Party leadership in legislation has established a mechanism for policy legalization. Nevertheless, laws inherently possess limitations that prevent them from comprehensively, promptly, and systematically reflecting the full scope of policy intentions. Relying exclusively on policy legalization proves insufficient to ensure policy implementation within the framework of the rule of law. Judicial interpretations, as normative documents with legislative character, can provide judicial organs and other stakeholders with a more precise, targeted, and operationally viable policy framework. These interpretations address the shortcomings of policy legalization across content, timeliness, and systemic aspects, thereby creating a complementary mechanism for Party leadership in legislation. This mechanism primarily functions by standardizing and transforming policies, enhancing policy implementation with practical effectiveness, and facilitating the translation of policies into legal norms. Consequently, it effectively advances the objectives of Party leadership in legislation. Moving forward, the Party’s guidance of judicial interpretation work should be reinforced through improved organizational arrangements, institutional frameworks, and standardized implementation to maximize the mechanism’s potential.
Key words:  , Party leadership in legislation, Party leadership, rule of law, policy, judicial interpretation
CLC Number:
D916.1 
NIE Youlun. Study on the Judicial Interpretation Mechanism of Party Leadership in Legislation in China[J]. Journal of Shanghai University (Social Science Edition), 2025, 42(4): 14-28.
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https://www.jsus.shu.edu.cn/EN/Y2025/V42/I4/14