Judicial Interpretation on the PRC Security Law

Since its promulgation in 1995, the PRC Security Law has provided a legal framework for the creation and enforcement of security in China. However, many issues have arisen in respect of the practical application and interpretation of the different forms of security recognized by the PRC Security Law. In the judicial interpretation discussed below, the Supreme People's Court attempts to resolve some of those issues.

Several Issues Concerning the Application of the PRC Security Law Interpretations (the Interpretation) was issued by the Supreme People's Court on December 8 2000 and came into effect on December 13 2000.
Prior to its issuance, the Interpretation had gone through several drafts. It is understood by the writers, through discussions with legal sources in Beijing, that there had previously been some doubt as to whether the Interpretation would be issued in its earlier form (the latest draft seen by the writers was Draft No. 5). The reason for this was that the earlier drafts dealt with a number of new concepts and appeared to create new law rather than simply interpreting and explaining the existing law.

The final version of the Interpretation is significantly shorter than the earlier drafts. It is possible that the Interpretation was watered down as a result of the concerns expressed above. It is significant to note that the law on security in relation to asset security may eventually be overhauled if the proposed Property Rights Law (wuquan fa) is promulgated at some point in the future.