全国人大常委会行使法律解释权的制度设计历来存在争议。因该制度实践现状和对该制度设计理念的认识存在差异,部分学者主张将其废除。但多数批评观点并不成立,相反,该制度因具有特殊功能,不但不宜废除,还应在清理现有法律文件的基础上予以强化和完善。 The system design for exercising the power of legal interpretation by the Standing Committee of the National People’s Congress has always been controversial. Because of the status quo of the system practice and understanding of the design concept of the system there are differences, some scholars advocate its abolition. However, most criticisms do not hold. On the contrary, because of its special functions, the system should not be abolished. It should also be strengthened and improved on the basis of clearing up existing legal documents.