Chinese law

Chinese law refers to the legal system that is implemented in China, excluding Hong Kong and Macau, which have separate legal systems. The Chinese legal system is primarily based on the civil law model, with influences from socialist legal systems.

History[edit | edit source]

The history of Chinese law spans thousands of years, from the Legalist philosophies of the Qin Dynasty to the modern legal system of the People's Republic of China. The Qing Dynasty saw the introduction of the Great Qing Legal Code, which remained in effect until the end of the dynasty in 1912. The Republic of China period saw the introduction of the Civil Code, which was influenced by the German and Swiss civil codes.

Legal System[edit | edit source]

The legal system of the People's Republic of China is a socialist legal system with Chinese characteristics. It is primarily based on the civil law model, with elements of socialist law. The Constitution is the supreme law of the land, and all other laws must be consistent with it.

Legislation[edit | edit source]

Legislation in China is enacted by the National People's Congress, the highest organ of state power. The Standing Committee of the National People's Congress also has the power to enact and amend laws, except for those that should be enacted by the National People's Congress itself.

Judiciary[edit | edit source]

The judiciary in China includes the Supreme People's Court, the highest court in the land, and the Supreme People's Procuratorate, the highest prosecutorial organ. The judiciary is responsible for the administration of justice, including the trial of cases and the enforcement of judgments.

Criminal Law[edit | edit source]

Criminal law in China is governed by the Criminal Law of the People's Republic of China, which defines crimes and their punishments. The Criminal Procedure Law of the People's Republic of China governs the procedures for criminal trials.

Civil Law[edit | edit source]

Civil law in China is governed by the Civil Code of the People's Republic of China, which was adopted in 2020. It covers areas such as property rights, contract law, family law, and inheritance law.

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