FACTOID # 22: South Dakota has the highest employment ratio in America, but the lowest median earnings of full-time male employees.
 
 Home   Encyclopedia   Statistics   States A-Z   Flags   Maps   FAQ   About 
   
 
WHAT'S NEW
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Law of the People's Republic of China
People's Republic of China

This article is part of the series:
Politics and government of
the People's Republic of China
Image File history File links National_emblem_of_the_People's_Republic_of_China. ... This article is on the politics of mainland China. ...


Constitution
President: Hu Jintao
National People's Congress
   Standing Committee
Premier: Wen Jiabao
State Council
People's Liberation Army
Central Military Commission
Law of the PRC
Supreme People's Court
Supreme People's Procuratorate
Political Parties
CPPCC
Communist Party of China
   Constitution
   General Secretary
   National Congress
   Central Committee
   Secretariat
   Politburo
      Standing Committee
Elections

Political divisions
Foreign relations
Foreign aid The President of the Peoples Republic of China (Simplified Chinese: 中华人民共和国主席; Pinyin: Zhōnghuá Rénmín Gònghéguó ZhÇ”xí, or abbreviated Guójiā ZhÇ”xí 国家主席) is the head of state of the Peoples Republic of China. ... Hu Jintao (Chinese: ; pinyin: Hú Jǐntāo; born December 21, 1942) is the current Paramount Leader of the Peoples Republic of China, holding the titles of President of the Peoples Republic of China, Chairman of the Central Military Commission and General Secretary of the Communist Party of... The Great Hall of the People, where the NPC convenes The National Peoples Congress (全国人民代表大会 in Pinyin: Quánguó Rénmín Dàibiǎo Dàhuì, literally Pan-Nation Congress of the Peoples Representatives), abbreviated PNCOTPR, is the highest legislative body in the Peoples Republic of China. ... The Standing Committee of the National Peoples Congress (NPCSC; Chinese: 全国人民代表大会常务委员会, pinyin: Quánguó Rénmín DàibiÇŽo Dàhuì Chángwù WÄ›iyuánhuì) is a committee of about 150 members of the National Peoples Congress (NPC) of the Peoples Republic of China (PRC), which... The Premier ( Chinese: 总理 pinyin: zŏnglĭ), sometimes referred to as the Prime Minister, is the Chairman of the State Council of the Peoples Republic of China and head of Central Peoples Government. ... Wen Jiabao (Simplified Chinese: 温家宝; Traditional Chinese: 溫家寶; Pinyin: WÄ“n JiābÇŽo; Wade-Giles: Wen Chia-pao) (born September 1942) is the Premier of the State Council of the Peoples Republic of China. ... The State Council (国务院, pinyin: Guówùyuàn), which is largely synonymous with the Central Peoples Government (中央人民政府), is the chief administrative authority of the Peoples Republic of China. ... This article or section does not cite its references or sources. ... The Central Military Commission (Chinese: 中央军事委员会 pinyin: Zhōngyāng JÅ«nshì WÄ›iyuánhuì ) refers to one of two bodies within the Peoples Republic of China. ... The Supreme Peoples Court (最高人民法院; pinyin: Zuìgāo Rénmín FÇŽyuàn) is the highest court in the judicial system of the Peoples Republic of China. ... Supreme Peoples Procuratorate (simplified Chinese: 最高人民检察院; pinyin: Zuìgāo Rénmín FÇŽyuàn Jiānchá Yùan) is the highest agency at the national level responsible for prosecution in the Peoples Republic of China. ... The Peoples Republic of China is in many regards a single-party state. ... The Chinese Peoples Political Consultative Conference (中国人民政治协商会议 Pinyin: Zhongguo renmin zhengzhi xieshang huiyi), abbreviated CPPCC, is an advisory body in the Peoples Republic of China. ... The Communist Party of China (CPC) (official name) also known as Chinese Communist Party (CCP) (Simplified Chinese: 中国共产党; Traditional Chinese: 中國共産黨; Pinyin: Zhōngguó GòngchÇŽndÇŽng) is the ruling political party of the Peoples Republic of China. ... The General Secretary of the Communist Party of China Central Committee (Chinese: 中国共产党中央委员会总书记 pinyin: Zhōngguó GòngchÇŽndÇŽng Zhōngyāng WÄ›iyuánhuì ZÇ’ngshÅ«jì) is the highest ranking official within the Communist Party of China and heads the Secretariat of the Communist Party of China. ... The National Congress of the Communist Party of China (中国共产党全国代表大会 Pinyin: Zhōnguó GòngchÇŽndÇŽng Quánguó DàibiÇŽo Dàhuì) is a party congress that is held about once every five years. ... The Central Committee of the Communist Party of China (Chinese: 中国共产党中央委员会 pinyin: Zhōngguó GòngchÇŽndÇŽng Zhōngyāng WÄ›iyuánhuì) is the highest authority within the Communist Party of China between Party Congresses. ... The Secretariat of the Communist Party of China Central Committee (Chinese: 中国共产党中央委员会书记处 pinyin: Zhōngguó GòngchÇŽndÇŽng Zhōngyāng WÄ›iyuánhuì ShÅ«jìchù) is the permanent bureaucracy of the Communist Party of China and forms a parallel structure to state organizations in the Peoples Republic... The Politburo of the Communist Party of China ( Chinese: 中国共产党中央政治局 pinyin: Zhōngguó Gòngchǎndǎng Zhōngyāng Zhèngzhìjú) is a group of 19 to 25 people who oversee the Communist Party of China. ... The Politburo Standing Committee of the Communist Party of China (Chinese: 中国共产党中央政治局常务委员会 pinyin: Zhōngguó GòngchÇŽndÇŽng Zhōngyāng Zhèngzhìjú Chángwù WÄ›iyuánhuì) is a committee whose membership varies between 5 and 9 and includes the top leadership of the Communist Party of China. ... Elections in the Peoples Republic of China take two forms: elections for selected local government positions in selected rural villages, and elections by Communist Party peoples congresses for the national legislature: the National Peoples Congress (Quanguo Renmin Daibiao Dahui). ... Due to Chinas large population and area, the political divisions of China have always consisted of several levels since ancient times. ... The foreign relations of the Peoples Republic of China draws upon traditions extending back to China in the Qing dynasty and the Opium Wars, despite China having undergone some radicial upheavals over the past two centuries. ... Foreign aid to the Peoples Republic of China takes the form of both bilateral and multilateral official development assistance and official aid to individual recipients. ...

See also
   Politics of Hong Kong
   Politics of Macau

Other countries • Politics Portal
viewtalkedit

Law of the People's Republic of China is the legal regime of the People's Republic of China, incorporating the separate legal traditions and systems of Mainland China, Hong Kong and Macao. Politics of Hong Kong takes place in a framework of a political system dominated by the Peoples Republic of China, an own legislature, the Chief Executive as the head of government, and of a pluriform multi-party system. ... In accordance with Article 31 of the Constitution of the Peoples Republic of China, Macau has Special Administrative Region status, which provides constitutional guarantees for implementing the policy of one country, two systems and the constitutional basis for enacting the Basic Law of the Macau Special Administrative Region. ... Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... The highlighted area in the map is what is commonly known as mainland China. Mainland China (Simplified Chinese: 中国大陆; Traditional Chinese: 中國大陸; pinyin: Zhōnggúo Dàlù; literally The Chinese Massive Landmass or Continental China) is an informal (disputed — see talk page) geographical term which is usually synonymous with the area...


Between 1954 and 1978, there was not very much effort within the People's Republic of China to create a legal system. The Communist leadership led by Mao Zedong believed that creating a legal system would restrict the power of the Communist Party of China and create elites which would ultimately harm the socialist revolution. This article does not cite its references or sources. ... The Communist Party of China (CPC) (official name) also known as Chinese Communist Party (CCP) (Simplified Chinese: 中国共产党; Traditional Chinese: 中國共産黨; Pinyin: Zhōngguó Gòngchǎndǎng) is the ruling political party of the Peoples Republic of China. ...


This policy was changed in 1979, and the PRC has formed an increasingly sophisticated legal system. Though the PRC legal system is a large civil law system, reflecting the influence of Continental Europe legal systems especially German civil law system in the 19th and early 20th centuries. This page refers to the year 1979. ... Civil law is a codified system of law that sets out a comprehensive system of rules that are applied and interpreted by judges. ... Continental Europe, also referred to as mainland Europe or simply the Continent, is the continent of Europe, explicitly excluding European islands and peninsulae. ...


By contrast, Hong Kong still retains the common law system inherited as a former British colony; and Macao employs a legal system based on that of Portuguese civil law. They have their own court of final appeals and extradition respectively, which are not within the legal jurisdiction of most courts within People's Republic of China, which is only effective within mainland China. Under the system of One Country, Two Systems, their judicial system was kept intact and maintain their independence. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Civil law is a codified system of law that sets out a comprehensive system of rules that are applied and interpreted by judges. ... Court of Final Appeal usually refers to the last court in which one can appeal cases brought before the highest level. ... Extradition is a formal process by which a criminal suspect held by one government is handed over to another government for trial or, if the suspect has already been tried and found guilty, to serve his or her sentence. ... One country, two systems (Simplified Chinese: 一国两制; Traditional Chinese: 一國兩制; pinyin: yì; guó liǎng zhì; Jyutping: jat1 gwok3 loeng5 zai3; Yale: yāt gwok leúhng jai), is an idea originally proposed by Deng Xiaoping, then Paramount Leader of the Peoples Republic of China (PRC), for the unification of China. ...

Contents


Development of law

China has a tradition of adoption of civil law system. During the Qing Dynasty, for modernization of Chinese law system, Chinese government had hired Japanese legal experts to copy law systems from Japan, which stemmed from the German civil law system.[citation needed] After the establishment of Republic of China in 1911, the Chinese government maintained the civil law system. Although the CCP abolished all legal systems of ROC after 1949, its legal system was deeply influenced by legal system of Soviet Union, which could be regarded as civil law system too. Motto: None Anthem: National Anthem of the Republic of China Capital Taipei City (de facto) Nanjing (de jure)1 Largest city Taipei City Official language(s) Mandarin (GuóyÇ”) Government Semi-presidential system  - President Chen Shui-bian  - Vice President Annette Lu  - Premier Su Tseng-chang Establishment Xinhai Revolution   - Declared October...


The development of the current legal system dates from the early-1980's, after the end of the Cultural Revolution. The system has developed slowly and incrementally leading to much incoherence. To meet Wikipedias quality standards, this article or section may require cleanup. ...


Sources of law

The highest and ultimate source of legal norms in the PRC is the Constitution of the People's Republic of China. It establishes the framework and principles of government, and lists the fundamental rights and duties of the Chinese citizens. The Constitution of the Peoples Republic of China (中华人民共和国宪法; pinyin: Zhōnghuá Rénmín Gònghéguó Xiànfǎ) is the highest law within the Peoples Republic of China. ...


Unlike some civil law jurisdictions, China does not systematically lay down general principles in constitution that all administrative regulations and rules must follow. Whereas, in the later promulgated Law of Legislation, it stipulates principles of legislation and the validity and priority of law, rule and administrative regulations. Constitutional provisions, basic laws and laws enacted by the National People's Congress and its standing committee, regulations issued by the State Council and its departments, local laws and regulations, autonomous zone regulations, legal explanations, and treaty norms, are all in theory incorporated into domestic law immediately upon promulgation. The Great Hall of the People, where the NPC convenes The National Peoples Congress (全国人民代表大会 in Pinyin: Quánguó Rénmín Dàibiǎo Dàhuì, literally Pan-Nation Congress of the Peoples Representatives), abbreviated PNCOTPR, is the highest legislative body in the Peoples Republic of China. ...


International treaties signed are in practice automatically incorporated into PRC law, they are superior to the relevant stipulations of PRC laws. However, the PRC reserves the right to make reservations to a provision of a treaty.


Unlike common law jurisdictions, there is no strict precedential concept for case law and no principle of Stare Decisis. However, in practice lower people's courts judges often attempt to follow the interpretations of the laws decided by the Supreme People's Court. Moreover, higher courts can use the finality of their judgments on appeals as having a binding effect on the lower court that issued the first judgment or order. With the pursuit for constitutional politics movement, the Supreme People’s Court is required to play a more important role than ever.


PRC courts do not have the power of judicial review. In cases where there is a conflict of laws, the process to resolve this conflict is outlined in the Legislation Law of the People's Republic of China, in which an interpretation is requested by the legislative body that is responsible for the law. This process has been criticized both by Western and Chinese legal scholars for being unwieldy and for not allowing for judicial independence and separation of powers. At the same time, the counterargument has been made that resolving legal conflicts is primarily a legislative activity and not a judicial one. Judicial review is the power of a court to review a law or an official act of a government employee or agent for constitutionality or for the violation of basic principles of justice. ... The Legislation Law of the Peoples Republic of China is a law passed by the National Peoples Congress of the Peoples Republic of China which describes the relationship between laws and regulations as well as the roles of various institutions in the Chinese government. ... Judicial independence is the doctrine that decisions of the judiciary should be impartial and not subject to influence from the other branches of government or from private or political interests. ... The separation of powers (or trias politica, a term coined by French political thinker Montesquieu) is a model for the governance of the state. ...


Varieties of law

PRC governmental directives exist in a hierarchy which is defined by the Legislation Law of the People's Republic of China. The hierarchy of regulations are The Legislation Law of the Peoples Republic of China is a law passed by the National Peoples Congress of the Peoples Republic of China which describes the relationship between laws and regulations as well as the roles of various institutions in the Chinese government. ...

Major areas of law consist of substantive laws and procedure laws. The former includes administrative law, criminal law, civil law or business law and economic law. These are separated into different branches. For example, contract law is considered a branch of civil law. The latter includes civil procedure law, criminal procedure law and administrative procedure law as well. The Constitution of the Peoples Republic of China (中华人民共和国宪法; pinyin: Zhōnghuá Rénmín Gònghéguó XiànfÇŽ) is the highest law within the Peoples Republic of China. ... The Great Hall of the People, where the NPC convenes The National Peoples Congress (全国人民代表大会 in Pinyin: Quánguó Rénmín Dàibiǎo Dàhuì, literally Pan-Nation Congress of the Peoples Representatives), abbreviated PNCOTPR, is the highest legislative body in the Peoples Republic of China. ... State Council or National Council is the name of a major governmental body in some countries. ... Administrative law is the body of law that arises from the activities of administrative agencies of government. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... Commercial law or business law is the body of law which governs business and commerce and is often considered to be a branch of civil law and deals both with issues of private law and public law. ... Law and economics, or Economic analysis of law, is the term usually applied to an approach to legal theory that incorporates methods and ideas borrowed from the discipline of economics. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ...


Civil law and Civil Procedure Law

In 1986 the NPC adopted the General Principles of Civil Law of the People's Republic of China, which helped clarify the scope of the civil law. Article 2 of the General Principles of the Civil Law of the PRC (1986) states that the civil law governs the personal and property relationships between natural person and legal person having equal status. It covers a wide range of topics, including the General Principles, marriage law, property law, contract law, copyright law, and trademark law. From point of views of some scholars, business law such as corporation law, bankruptcy law, insurance law and law on negotiable instruments shall be distinguished from civil law. 1986 (MCMLXXXVI) was a common year starting on Wednesday of the Gregorian calendar. ... A marriage is a committed relationship between or among individuals, recognized by civil authority and/or bound by the religious beliefs of the participants. ... Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... The copyright symbol is used to give notice that a work is covered by copyright. ... The Bass Red Triangle, was the first trademark registered in Britain in 1876. ... Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay their creditors. ...


However, in contrast to other civil law jurisdictions, the PRC has not codified its civil law into a single code yet, and the civil law of the PRC has been developed leading to a large amount of confusion and contradiction within the legal code. With the booming economy of China, a new class with more fortunes are emerging. They are in urgent need for protection of their properties. The legislation of property law and civil code are put in agenda.


Civil procedure law advocate principle of open trial, system in which the second instance being the final, but Chinese courts are notorious for their inefficient and bureaucratic working style. In particular the enforcement of judgements are difficult and tough.


Criminal law and Criminal Procedure Law

The criminal law is based on the Criminal Code (first adopted in 1979 and later amended in 1997), and supplemented by a number of additions for the NPC's Standing Committee. One key provision of the Legislation Law of the People's Republic of China is Article 8 which states that only a national law passed by the NPC can criminalize behavior. 1997 (MCMXCVII) was a common year starting on Wednesday of the Gregorian calendar. ... The Legislation Law of the Peoples Republic of China is a law passed by the National Peoples Congress of the Peoples Republic of China which describes the relationship between laws and regulations as well as the roles of various institutions in the Chinese government. ...


Aside from protecting society from harm, a key goal of the criminal justice system is to reform criminals through education, labor and skills training.


The harshness of criminal law is under heavy criticism, especially the insistence of capital punishment for lots of crimes. China accounts for over 70% of criminals executed in the world per year, which has raised great concern among different human rights groups and international organizations.


The criminal procedure law provides for the defense of defendant. But as the court, police and procurator’s office are all regarded as organs of CCP’s collective dictatorship, there is less supervision and power balance. It is quite hard to avoid torture and malfeasance.


Administrative law and Administrative Procedure Law

The State Council is authorized to promulgate laws and regulations on social law especially in economic regulation which also consist of economic laws .These laws include of environmental protection law ,regulations on taxation, customs; product quality law and so on. For these laws, government and its bodies as one of the parties, they are superior to other parties such as enterprises and individuals for they exercising the power of regulation.


The Administrative Procedure Law of the People's Republic of China (1989) allows legal persons to bring legal challenges against administrative action. There are very few or no other articles that link to this one. ... 1989 (MCMLXXXIX) was a common year starting on Sunday of the Gregorian calendar. ...


The types of administrative actions that can be challenged must be "concrete actions" which include: administrative punishments (such as detentions and fines), administrative coercive measures, interference with the operations of enterprises, refusal to take action or perform an obligation, unlawful demands for performance of duties, and violations of rights of the person or a property right. The review of state action is carried out in the local people's courts. Court review of agency action is not permitted for state action involving national defense or foreign affairs. Moreover, the court cannot review administrative legislation.


As a matter of fact, although the administrative litigation involving governments are on the rise for citizens would use legal measures to protect their properties from violation of government, it is still quite difficult for the court to make fair judgements or efficient execution of judgements, as the court’s judges are appointed by CCP and finance coming from government.


Lawmaking and legislative authority

There are two types of organs that are empowered to make legislative enactments. The first are referred to as state power organs (国家权力机关) which take their form as the National People's Congress, its standing committee, and local people's congresses of provinces, municipalities, "metropolitans having some degrees of autonomy" designated by the State Council. Certain administrative organs (行政机关), that is the State Council, its departments and commissions, and local people's governments at the same level as the local people's congresses mentioned above, including the governments of provincial capitals, also have the power to make various rules. The State Council (国务院, pinyin: Guówùyuàn), which is largely synonymous with the Central Peoples Government (中央人民政府), is the chief administrative authority of the Peoples Republic of China. ...


In theory, legislation issued by administrative organs is subordinate to that issued by state power organs. Enactments of administrative organs must not conflict with the Constitution or law. In addition, local people's governments must ensure that their enactments comply with those issued by the State Council and its subordinate departments.


The concept of delegation of power has yet to be fully developed in the PRC legal system. For example, because it is not customary to expressly delegate power to administrative bodies to issue specific regulatory documents, they are not drafted pursuant to any specific entrustment of power in the manner of a statutory authorization of the enactment of implementing regulations.


In drafting the new laws, the PRC has declined to copy any other legal system wholesale, and the general pattern has been to issue laws for a specific topic or location. Often laws are drafted on a trial basis, with the law being redrafted after several years. This process of creating a legal infrastructure piecemeal has led to many situations where the laws are missing, confusing, or contradictory, and has led to judicial decisions having more precedential value than in most civil law jurisdiction. In formulate laws, the PRC has been influenced by a number of sources including traditional Chinese views toward the role of law, the PRC's socialist background, the German-based law of the Republic of China on Taiwan, and the English-based common law used in Hong Kong. The law of the United States has also been very influential particularly in the area of banking and securities law.


National People's Congress

The highest legislative authority is the NPC. It has the right to revise the Constitution and create major legal codes referred to as "basic laws" (基本法律). Apart from this, the NPC also enacts laws (法), rules (条例), and resolutions (决议). The distinction between laws and rules is vague, but it has been suggested that the latter are more limited in scope and may be experimental in nature, although they have the same validity as laws. Resolutions may contain legal norms in the form of amendments or supplements to laws. They are often used to delegate lawmaking authority to the State Council.


The nature of the selection delegates to the NPC has meant that popular input into lawmaking at this level is very limited. Because the delegates range from different fields and backgrounds, only a very part of them are legal professionals or practitioners. Without any formal legal education or knowledge, few of the delegates can make suggestion or give their opinions on legislation. Thus, a fairly wide cross-section of the party and government at both central and local levels is, however, given the opportunity to produce input. Drafting committees such as the State Council Legislative Affairs Bureau (国务院法制局) and the NPC Legislative Affairs Commission (法制委员会) routinely conduct symposiums attended by officials and academics for the purpose of soliciting informed comment. But as a result, the opinions and interests of voters and citizens can't be really taken into consideration. The act of legislation is changed into a game play of interest groups instead.


The State Council

The next tier of the PRC's legislative hierarchy, the State Council, is also elected by the NPC and is head of the nation's executive. It is empowered under Article 89 of the Constitution to "adopt administrative measures (办法), enact administrative rules and regulations (行政法规) and issue decisions (决定) and orders (命令) in accordance with the Constitution and statutes."


There is no legal definition of the subjects to be dealt with by the State Council as opposed to those that are the exclusive realm of the NPC.


Lawmaking at the local level

Of the four levels of local administration in China (provincial, county, township, hamlet), only the provincial level possesses real lawmaking power. The Organic Law of Local People's Congresses and Local People's Governments allows congresses at the provincial, municipal, provincial capital and "quite big city" level to enact their own regulations, called local regulations (地方性法规). Nevertheless drafts of legislation must be approved by the provincial level congress before they can become law.


Hong Kong and Macao

The legal systems of the Hong Kong Special Administrative Region and the Macao Special Administrative Region are excepted from the legal framework of Mainland China by the doctrine of "one country, two systems" established by Deng Xiaoping. The NPC of the PRC enacted the Basic Law of Hong Kong SAR (April 1990) and Basic Law of Macao SAR (March 1993) to ensure state sovereignty and at the same time the special economic position of those two regions. Since both statutes are national laws, no local laws, including ordinances, administrative regulations, and other normative documents, can violate the Basic Law. Deng Xiaoping Deng Xiaoping (Simplified Chinese: 邓小平; Traditional Chinese: 鄧小平; Pinyin: Dèng Xiǎopíng; Wade-Giles: Teng Hsiao-ping; August 22, 1904–February 19, 1997) was a leader in the Communist Party of China (CPC). ... Cover of Index to the Basic Law The Basic Law of the Hong Kong Special Administrative Region of the Peoples Republic of China (中華人民共和國香港特別行政區基本法; or in short 香港基本法 or 基本法) serves as the constitutional document of Hong Kong. ... This article is about the year. ... This page is a candidate to be moved to Wikisource. ... 1993 (MCMXCIII) was a common year starting on Friday of the Gregorian calendar and marked the Beginning of the International Decade to Combat Racism and Racial Discrimination (1993-2003). ...


The Basic Law of both regions state that the existing capitalist system and the people's way of life shall remain unchanged for 50 years, and the laws previously in force shall be maintained. In Hong Kong, the legal system is based on English Common Law and Macau based on Portuguese civil law. Motto: (French for God and my right) Anthem: Multiple unofficial anthems Capital London Largest city London Official language(s) English Government Constitutional monarchy  - Queen Queen Elizabeth II  - Prime Minister Tony Blair MP Unification    - by Athelstan 927  Area    - Total 130,395 km² (1st in UK)   50,346 sq mi   - Water (%) Population... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Civil law is a codified system of law that sets out a comprehensive system of rules that are applied and interpreted by judges. ...


The Judiciary

The types of courts in China, and the paths of appeal.
The types of courts in China, and the paths of appeal.

The judge and prosecutor still are regarded as public servants. They shall at first pledge their allegiance to CCP instead of keeping independence. It is widely recognized that the quality of judges and prosecutors are lower than lawyers. In 2002, the unified State Judicial Exam (SJE) was introduced, partly to improve the quality of the judiciary. Any person who wants to work as a judge, prosecutor, or become a practicing lawyer or a public notary, will need to pass the SJE to obtain a Certificate of Legal Profession Qualification. Court system diagram, created by Yu Ninjie. ... Court system diagram, created by Yu Ninjie. ... The National Judicial Exam or State Judicial Exam (国家司法考试) is a unified legal exam administered in the Peoples Republic of China. ...


People's courts

Under the Organic Law of the People's Courts (1983), judicial power is exercised by the courts at four levels: 1983 (MCMLXXXIII) was a common year starting on Saturday of the Gregorian calendar. ...

  • basic people's courts (基层人民法院; also called "local" people's courts): Courts at county or district level. Tribunals may also be set up in accordance with local conditions.
  • intermediate people's courts: Prefecture level courts.
  • higher people's courts: Provincial level courts.
  • the Supreme People's Court (or National Supreme Court, or Supreme Court)

The highest court in the judicial system is the Supreme People's Court in Beijing, directly responsible to the NPC and its Standing Committee. It supervises the administration of justice by the people's courts at various levels. But actually there is a Politics and Law Committee in CCP which is in charge of the direction and cooperation of court, procuratorate, police and ensure CCP’s leadership over judicial issues. The Supreme Peoples Court (最高人民法院; pinyin: Zuìgāo Rénmín FÇŽyuàn) is the highest court in the judicial system of the Peoples Republic of China. ...


Cases are decided within two instances of trials in the people's courts. This means that from a judgement or orders of first instance of a local people's court, a party may bring an appeal only once to the people's court at the next high level, and the people's procuratorate may protest a court decision to the people's court at the next high level. Additionally, judgments or orders of first instance of the local people's courts at various levels become legally effective if, within the prescribed period for appeal, no party makes an appeal. Any judgments and orders rendered by the National Supreme People's Courts as court of first instance shall become effective immediately.


In accordance with Article 11 of the Organic Law, "the people's courts at all levels shall set up judicial committees within the courts" in order to sum up judicial experience and to discuss important or difficult cases and other issues relating to the judicial works.


Professional and special courts

Other special courts are military courts, maritime courts and railway courts. The military court, established within the People's Liberation Army, is the relatively closed adjudication institution in charge of hearing criminal cases involving servicemen. The maritime courts are located at the major sea and river port cities. They have jurisdiction over maritime cases and maritime trade cases of first instance. It ranks equivalent to an intermediate court in the judiciary hierarchy. The railway transport court deals with criminal cases and economic disputes relating to railway and transportation. This article or section does not cite its references or sources. ...


People's procuratorates

Under Article 129 of the Constitution, people's procuratories are "the State organs for legal supervision". Its functions are defined by the Organic Law of the People's Procuratorates (1983).


The Supreme People's Procuratorate is set up at national level. The local people's procuratorates are divided into three tiers as with the people's courts. Procuratorial committees are created inside the people's procuratorates at different levels. According to Article 3 of the Organic Law, "the procuratorial committee shall apply the system of democratic centralism and, under the direction of the chief procurator, hold discussions on important cases and other major issues".


Law enforcement

The Ministry of Public Security is the principal police authority. It is responsible for maintaining social and public order, and also for conducting investigations and arrest of suspects in criminal cases. It maintains public order in accordance with the administrative power granted by law and through the police force. It has so great power that it can even settle civil disputes between citizens. The Ministry of Public Security (MPS) (公安部, pinyin: gōng ān bù) is the principal police authority in the mainland of the Peoples Republic of China and the agency that is responsible for most of the day-to-day police work in mainland China. ...


The Ministry of National Security is the organ for anti-spy , it can exercise the same power as police.


The legal profession

In contrast to the Department of Justice of US as the governing body for police and prosecution, the Ministry of Justice of PRC has less power. Besides governing the prison and Laogai, it mainly focuses on the regulation of legal profession. Historically, the legal profession has been insignificant in the PRC. In the late 1970s, there were no more than a couple of hundred practising lawyers. Since 1979, however, the profession has expanded dramatically. The foundation was laid by the Provisional Law on Lawyering in the PRC in 1980. In its early stages, law offices were called "legal counseling services" (法律顾问处) and lawyers were regarded as "state legal workers". In 1986, the Chinese National Lawyer's Association was established in Beijing, followed by similar organizations around China. In the same year, the Ministry of Justice administered a unified national qualification exam for lawyers. This exam was superseded by the State Judicial Exam (SJE) in 2002. Various structures have been experimented with in the establishment of law offices. Laogai (勞改; pinyin: láo găi), which means reform through labor, is a slogan of the Chinese criminal justice system and has been used to refer to the use of prison labor in the Peoples Republic of China. ... The 1970s decade refers to the years from 1970 to 1979, inclusive. ... 1980 (MCMLXXX) was a leap year starting on Tuesday. ... For album titles with the same name, see 2002 (album). ...


In May 1996, the Lawyers Law was enacted by the NPC. It acknowledged the developmental needs of the legal profession. The definition of a lawyer was finally changed from "state legal worker" to "a professional who legally obtains a Lawyer's Certificate and who provides the society with legal services". The law sets forth qualifications for practicing law; outlines a lawyer's professional capacity, rights and duties; rules for pro bono. 1996 (MCMXCVI) was a leap year starting on Monday of the Gregorian calendar, and was designated the International Year for the Eradication of Poverty. ...


At present, there are more than 8500 law firms in China, staffed by more than 100,000 lawyers. The practice of law has also gradually progressed into new areas such as finance, stock and real estate. Overall however, the size of the Chinese legal profession is still too small to meet the demands of growth and modernization. Moreover, in sensitive cases lawyers still can’t play important roles and defend clients in a free way. Some of them were even tried on accusation of perjury as punishment.


Since the entry of PRC into the World Trade Organization, there has been progressive opening up of the legal service sector. A number of foreign law firms have entered the market, mostly specializing in cross-border business transactions, merger and acquisition, and copyright law. WTO Logo The World Trade Organization (WTO) is an international, multilateral organization, which sets the rules for the global trading system and resolves disputes between its member states, all of whom are signatories to its approximately 30 agreements. ...


Law firms and lawyers are crying for their autonomy instead of regulation by governmental authority, but Ministry of Justice would be reluctant to give up its power.


Legal education

Over the last two decades, legal education has paralleled the growth of the legal profession. It is one of the most competitive academic disciplines in terms of university and college enrolment, and the number of judicial and legal training institutions continue to grow. The trend has been determined by a strong demand in the market for legal services, and the need to improve the professional quality of judges and prosecutors.


Chinese judicial and legal training facilities are divided into law schools, law universities and justice colleges; and specialized judicial and professional training centres.


Approximately 70% of practicing lawyers have university degrees, and 30% only have college diplomas. In March 2002, over 360,000 university or college graduates took part in a two-day State Judicial Exam (SJE). According to a recent report, only 7% passed.


University level

At present, there are at least 80 law universities or law colleges,and many university-based law schools or law departments in PRC. The best-known ones are called "the Five Institutes and Four Departments (Simplified Chinese: 五院四系)". Simplified Chinese characters (Simplified Chinese: 简体字; Traditional Chinese: 簡體字; pinyin: jiǎntǐzì; also called 简化字/簡化字, jiǎnhuàzì) are one of two standard character sets of printed contemporary Chinese written language. ...

  • "The Five Institutes" are:
    • Beijing Institute of Political Science and Law (Simplified Chinese: 北京政法学院), today known as China University of Political Science and Law (Simplified Chinese: 中国政法大学), in Beijing.
    • Southwest Institute of Political Science and Law (Simplified Chinese: 西南政法学院), today known as Southwest University of Political Science and Law (Simplified Chinese: 西南政法大学), in Chongqing.
    • East China Institute of Politics and Law (Simplified Chinese: 华东政法学院), today known as East China University of Politics and Law (Simplified Chinese: 华东政法学院), in Shanghai.
    • South Central Institute of Political Science and Law (Simplified Chinese: 中南政法学院), today known as Zhongnan University of Economics and Law (Simplified Chinese: 中南财经政法大学), in Wuhan.
    • Northwest Institute of Political Science and Law (Simplified Chinese: 西北政法学院) in Xi'an.
    • Since the late 1990s, the above five universities and institutes are no longer administered by the Ministry of Justice. Each university has 500-800 teaching staff and over 5000 law students. Aside from training future lawyers and judges, they provide on-job training programs for those involved with the law.
  • And "the Four Departments" are:
    • People's University of China Department of Law (Simplified Chinese: 中国人民大学法律系), today known as Renmin University of China School of Law (Simplified Chinese: 中国人民大学法学院), in Beijing.
    • Peking University Department of Law (Simplified Chinese: 北京大学法律系), today known as Peking University Law School (Simplified Chinese: 北京大学法学院), in Beijing.
    • Wuhan University Department of Law (Simplified Chinese: 武汉大学法律系), today known as Wuhan University Law School (Simplified Chinese: 武汉大学法学院), in Wuhan.
    • Jilin University Department of Law (Simplified Chinese: 吉林大学法律系), today known as Jilin University School of Law (Simplified Chinese: 吉林大学法学院), in Changchun.
    • The above four universities are all key universities directly under the administration of the Ministry of Education.

China University of Political Science and Law (中国政法大学) is a university in Beijing, China. ... Beijing (Chinese: ; pinyin: BÄ›ijÄ«ng; ; IPA: ), a city in northern China (formerly spelled in English as Peking or Peiking), is the capital of the Peoples Republic of China (PRC). ... Southwest University of Political Science & Law (西南政法大学) is a public university located in Chongqing, China. ... Chongqing (Simplified Chinese: 重庆; Traditional Chinese: 重慶; pinyin: Chóngqìng; Wade-Giles: Chung-ching; Postal System Pinyin: Chungking) is the largest and most populous of the Peoples Republic of Chinas four provincial-level municipalities, and the only one in the less densely populated western half of China. ... East China University of Politics and Law (华东政法学院) is a public university in Shanghai, China. ... Shanghai (Chinese: 上海; pinyin: ; Shanghainese: ), situated on the banks of the Yangtze River Delta in East China, is Chinas largest city by population. ... Location within China Modern and ancient Wuhan (Simplified Chinese: 武汉; Traditional Chinese: 武漢; Pinyin: WÇ”hàn) is the capital of Hubei province, and is the most populous city in central China. ... Nickname Changan Location Location of Xian Government City Shaanxi Mayor Sun Qingyun Geographical characteristics Area  - Total  - Land  - Water 9,983 km² 9,983 km² 0. ... Renmin University of China   © Renmin University of China Renmin University of China (RUC), also known as Peoples University of China, Renmin University or Peoples University (Simplified Chinese: 中国人民大学; Traditional Chinese: 中國人民大學; pinyin: Zhōngguó Rénmín DàXué) , colloquially Renda (Simplified Chinese: 人大; Traditional Chinese: 人大; pinyin: Réndà), is one... Peking University (Traditional Chinese: 北京大學; Simplified Chinese: 北京大学; pinyin: BÄ›ijÄ«ng Dàxué), colloquially known in Chinese as Beida (北大, BÄ›idà), was established in 1898, and is one of the oldest and most prestigious universities in China. ... Wuhan University (WHU) (Simplified Chinese: 武汉大学; Traditional Chinese: 武漢大學; Pinyin: WÇ”hàn Dàxué; colloquially 武大, Pinyin: WÇ”dà) is a key university directly under the administration of the Education Ministry of the Peoples Republic of China. ... Location within China Modern and ancient Wuhan (Simplified Chinese: 武汉; Traditional Chinese: 武漢; Pinyin: WÇ”hàn) is the capital of Hubei province, and is the most populous city in central China. ... Jilin University (JLU) is a leading national university under the direct jurisdiction of Chinas Ministry of Education. ... Location within China Changchun (Simplified Chinese: 长春; Traditional Chinese: 長春; Hanyu Pinyin: ; Wade-Giles: Chang-chun) is the capital and largest city of Jilin province, located at the northeast of the Peoples Republic of China. ...

College level

A feature of the Chinese legal training system is the network of specialized on-job internal training colleges and centers. The Supreme People's Court administers two training institutes: the National Judges College and the SPC Spare-time University, both located in Beijing. Its trainees are mostly judges or incoming judges. Starting from 2003, however, receiving a diploma from these institutions will no longer be sufficient. Those who want to become a judge need to have a university-level education. There is also a National Prosecutors College, whose trainees are mostly senior prosecutors. These three institutions also have local branches in all the provinces.


A provincial bureau of justice usually manages a justice training centre in a college of justice, which provides college level training for young students or periodic training to practicing lawyers. In addition, there are provincial-level "schools of the administration of political and legal cadres", which provide a legal training program to judges, prosecutors, justice officials and practicing lawyers.


In addition, the national broadcaster CCTV runs a "Television University" which has a long-distance college-level law program. At the provincial level, there are post-secondary justice colleges or junior colleges, which provide legal education mostly to junior supporting staff in legal institutions. CCTV can stand for: China Central Television Closed-circuit television This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ...


Legal reasoning

In China, laws are usually broadly drafted with much discretion left to implementing authorities. Some laws in the PRC have amounted to little more than statements of principle. Real clarity exists only at the level of administrative rules , circulars or bylaws. Given laws and regulations greater detail would assist the PRC's economic development in the long term, as it increases certainty, encouraging market rational behaviour. However, in the short run, detailed law limits the flexibility to respond to rapid political and economic change. This indicates a fundamental difference in legal philosophy to that which exists in Western legal systems. The official rationale underlying the vagueness of enacted laws can be found in legal texts such as Theories on the Basis of Legal Science (法学基础理论) by Professor Chen Shouyi. Chen considers that law must have stability as the superstructure of society, but be able to change when economic relations change. To meet Wikipedias quality standards, this article or section may require cleanup. ...


Implementation of law

Equality and justice

Since 1978, the government has departed significantly from its focus on class status, and replaced it with a qualified presumption of equality. The principle of legal equality is enshrined in basic laws such as the Economic Contract Law (1982), which provides that contracting parties enjoy equal rights, the General Principles of Civil Law (1987), which ascribes various rights universally to all natural persons, and the Administrative Litigation Law (1989), which allows any citizen to file suit against administrative agencies. However, the doctrine does not extend to the right of labour to engage in collective bargaining or strike action. Collective agreement is a labor contract between an employer and one or more unions. ... The examples and perspective in this article or section may not represent a worldwide view. ...


The PRC constitution and laws provide principles for fundamental human rights, but there is general agreement, even among members of the government, that many of these rights are just in principle not fully implemented. There is, however, considerable disagreement over which rights require the most attention and how the PRC should address these deficiencies. In particular, the Chinese government tends to argue that major improvements in China's human rights record can be made within the context of leadership of the Communist Party of China, while many both in China and outside of the government argue that any real improvement is impossible without fundamental changes in the political system. (See human rights in the People's Republic of China) To meet Wikipedias quality standards, this article or section may require cleanup. ...


The expansion of the legal profession has been beneficial for legal awareness. As of 2002, there have been established 2,156 legal aid centres staffed by over 7000 full-time legal professionals. According to the Ministry of Justice, this system will continue to expand, given that "establishing a legal aid system" is a priority of the Chinese government as outlined by the 10th Five-Year Plan (adopted April 2002). Most liberal democracies consider that it is necessary to provide some level of legal aid to persons otherwise unable to afford legal representation. ...


Guanxi and corruption

P.B. Potter suggests that personal, client and familial relationships (often called guanxi) override the concept of legal equality and justice in civil and economic relationships. His conclusion is that basic regime tenets of legality are not being assimilated. Guanxi contacts are exploited in order to surmount institutional barriers. The influence of these extra-legal norms harm the impartiality of administrative bodies as well as the judicial system. In some cases, strong feelings of localism cause local courts to refuse to cooperate in enforcing awards, even when the award has been made by an arbitration body in Beijing. However, this negative view of guanxi is not universal, Schramm and Taube argue that guanxi has personalistic systems of social relationships have positive elements in producing social capital and that personalistic norms can co-exist with impersonal legalistic ones. Guanxi (Traditional Chinese: 關係; Simplified Chinese: 关系; Hanyu Pinyin: gūan xi ), describes the basic dynamic in personalised networks of influence. ... Social capital is defined as the value that is created through the application of social networks during non-organizational time. ...


As a matter of fact, the judicial corruption is a serious problem facing China at present. Citizens are losing their faith on judicial system for its incompetence, inefficient and injustice. If the judicial system can’t keep independent and its members can’t be regarded as professional practitioner instead of public servants, there is little hope of maintenance of equity and justice.


Legal supervision

The Courts lack the power to review administrative acts and the appropriateness of specific administrative acts. They lack status and are subject to influence from the party at each level of government. Although the PRC Constitution espouses the ideal of judicial independence, it is not possible in the absence of an independent judicial tradition.


"Supervision organs" are also ineffective. The Ministry of Supervision lacks status as it is accountable to the State Council and local governments. Only after its merger with the Central Committee for Discipline Inspection of CCP, the top watchdog for anti-graft of CCP do it exercise some degree of influence.


Further reading

English sources

Wang Chengguang and Zhang Xianchu, Introduction to Chinese Law. Hong Kong: Sweet & Maxwell Asia, 1997.


Albert HY Chen, "An Introduction to the Legal System of the People's Republic of China", Hong Kong: Lexis Nexis, 2004.


Chinese sources

Chen Shouyi, Theories on the Basis of Legal Science (法学基础理论). Beijing: Beijing Daxue Chubanshe (Beijing University Press), 1984.


Shen Zongling (ed.), Jurisprudence (法理学). Taipei: Wunan Book Publisher, 1994.


See also

World distribution of major legal traditions The four major legal systems of the world today consist of civil law, common law, customary law, and religious law. ... The Law of China, for most of the history of China, was rooted in the Confucian philosophy of social control. ... The following is a list of the statutes of the Peoples Republic of China (PRC). ... ... The origin of the current law of the Peoples Republic of China can be traced back to the period of the early 1930s, during the establishment of the Chinese Soviet Republic. ... Traditional Chinese law refers to the laws, regulations and rules used in China up to 1911, when the last imperial dynasty fell. ... Police in the mainland of the Peoples Republic of China are divided between the Peoples Armed Police Ministry of Public Security This is a disambiguation page — a navigational aid which lists pages that might otherwise share the same title. ...

External links

Chinese

  • CEI Chinese Law and Regulation (国信中国法律网) Hosted by the State Information Centre, a Chinese central government agency. Includes two major databases covering laws and regulations of the PRC from 1949 to the present day.
  • Legal Daily 法制日报

English

  • China Law Blog Chinese law and the legal issues of doing business in China.
  • Free online P.R. China law library In Both English and Chinese
  • China Legislative Information Network Systemlaw Web.
  • Judicial System of PRC Official Site sponsored by the Supreme People's Court with judicial news, library of laws and regulations, both in English and Chinese.
  • Complete Research Guide to the Laws of the People's Republic of China (PRC) Maintained by Wei Luo and Joan Liu, both law librarians at major US universities. A thorough introduction to both print and electronic resources on the law of the PRC.



  Results from FactBites:
 
People's Republic of China - Wikipedia, the free encyclopedia (6642 words)
The PRC asserts the Republic of China to be an illegitimate and supplanted entity and administratively categorizes Taiwan as a province of the PRC.
In 1971, the PRC replaced the Republic of China as the sole representative for "China" in the United Nations and as one of the five permanent members of the United Nations Security Council.
There are currently 41,000 km (25,000 mi) of expressways in China, half that of the US Transportation in the mainland of the People's Republic of China has improved remarkably since the late 1990s as part of a government effort to link the entire nation through a series of expressways known as the National Trunk Highway System (NTHS).
  More results at FactBites »

 
 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments

Want to know more?
Search encyclopedia, statistics and forums:

 


Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m