Rule Of Law In China: Progress And Problems. Lin Li
in civil, criminal, economic, administrative and litigation, and other aspects, with different levels of laws, administrative regulations, and local laws and regulations as the content, is initially formed. In March 2003, Li Peng pointed out in his work report: “On the basis of the previous work, all the legal branches that form the socialist system of laws with Chinese characteristics have been established with unremitting efforts. The major laws in each legal branch have been basically formulated; together with the administrative regulations formulated by the State Council and the local laws and regulations formulated by local people’s congresses, the socialist legal system with Chinese characteristics with the Constitution as its core has been basically formed”.
The period of the 10th NPC (2003–2008), in which “a socialist legal system with Chinese characteristics is basically formed”. The “basically formed” here refers to the formulation and revision of the supportive, legally urgent, and favorably conditioned laws in every legal branch on the basis of “taking shape”. In March 2008, Wu Bangguo pointed out: On the basis of the legislative work done by the NPC and its standing committees in the past few years and through the unremitting efforts of the 10th NPC and its standing committees, at present … all the legal branches that constitute the socialist legal system with Chinese characteristic are available now, and the basic and major laws and supporting regulations in each legal department have been formulated. The socialist legal system with Chinese characteristics has been basically formed, and all aspects of the country’s economic, political, cultural and social life have basically had laws to abide by”.14
The period from the 11th NPC (2008–2013) to 2010, in which “a socialist legal system with Chinese characteristics is established”. The “established” here means that the legal branches covering all aspects of social relations are well-established and the basic and major laws of various legal branches have been formulated. The corresponding administrative laws and local laws and regulations are relatively complete. And the legal system is in general scientific and consistent.
The socialist system of laws with Chinese characteristics is an organic integration of the related laws of the Constitution, civil and commercial laws, administrative laws, economic laws, social laws, criminal laws, litigation and non-litigation procedural laws, and other legal branches, with the Constitution in the supreme place, the laws as the main body, and administrative and local regulations as the major components.
Since New China was founded, and particularly since the policy of reform and opening-up was introduced in 1978, China has made remarkable achievements in its legislation work. By the end of August 2011, the Chinese legislature had enacted 243 effective laws, including the current Constitution, over 720 administrative regulations, over 9,200 local regulations, and over 780 autonomous regulations and separate regulations had put in place a socialist system of laws with Chinese characteristics, which is based on the conditions and reality of China, meets the needs of reform, opening-up, and the socialist modernization drive, and reflects the will of the CPC and the Chinese people. This legal system, headed by the Constitution, with laws related to the Constitution, civil and commercial laws, and several other branches as the mainstay, and consisting of laws, administrative regulations, local regulations, and other tiers of legal provisions, ensures that there are laws to abide by in the economic, political, cultural, and social development, as well as in ecological civilization building.
The Chinese legal system is currently composed of three tiers and seven branches. As China’s fundamental law, the Constitution assumes the commanding position in the socialist system of laws with Chinese characteristics. The Constitution has supreme legal authority in the socialist system of laws with Chinese characteristics. All laws and administrative and local regulations must be made in accordance with the Constitution and follow its basic principles, and must not contravene the Constitution.
The Chinese legal system has three levels: First, the law, including basic laws and other laws formulated and explained by the NPC and its standing committee. Second, administrative laws and regulations, formulated by the State Council in accordance with the Constitution and other laws. Third, local laws and regulations, mainly formulated by people’s congresses and their standing committees at provincial and autonomous regional and municipal levels. The people’s congresses and their standing committees of the larger cities may, in the light of the specific local conditions and actual needs, formulate local regulations, provided that they do not contradict the Constitution, laws, administrative regulations, and local regulations of their respective provinces or autonomous regions. Moreover, they shall submit such regulations to the standing committees of the people’s congresses of the provinces or autonomous regions for approval before implementation. The people’s congresses of the ethnic autonomous areas have the power to formulate autonomous regulations and separate regulations on the basis of the political, economic, and cultural characteristics of the local ethnic group(s). Where certain provisions of the laws and administrative regulations are concerned, adaptations may be made to the autonomous regulations and separate regulations, but such adaptations may not contradict the basic principles of the laws and administrative regulations. However, no adaptation may be made to the provisions of the Constitution and the Law on Regional Ethnic Autonomy, or the provisions in other laws and administrative regulations that are specially formulated to govern the ethnic autonomous areas. The autonomous regulations and separate regulations of the autonomous regions shall be submitted to the Standing Committee of the NPC for approval before they go into effect. The autonomous regulations and separate regulations of the autonomous prefectures or counties shall be submitted to the standing committees of the people’s congresses of the relevant provinces, autonomous regions, or municipalities directly under the central government for approval before they go into effect. The people’s congresses and their standing committees in the provinces and cities where special economic zones are located may, upon authorization by the NPC and its Standing Committee and in the light of specific local conditions and actual needs, formulate regulations in accordance with provisions of the Constitution and basic principles of the laws and administrative regulations, and enforce them within the limits of the special economic zones.
The legal system in China is currently composed of seven departments: (1) Laws related to the Constitution. The laws related to the Constitution are the collection of legal norms supporting the Constitution and directly guaranteeing its enforcement and the operation of state power. China has enacted 38 laws related to the Constitution, as well as a number of administrative and local regulations. (2) Civil and commercial laws. Civil laws adjust property and personal relationships between civil subjects with equal status, that is, between citizens, between legal persons, and between citizens and legal persons, and follow the principles of equal status between civil subjects, autonomy of will, fairness, honesty and credibility, and other basic principles. Commercial laws adjust commercial relationships between business subjects. By the end of August 2011, China had promulgated 33 civil and commercial laws, as well as a large number of administrative and local regulations concerning commercial activities. (3) Administrative laws. They regulate the relationships between administrative authorities and subjects of administration because of administrative activities. By the end of August 2011, China had enacted 79 administrative laws and a large number of administrative and local regulations regulating administrative power. (4) Economic Law. Economic laws are a collection of laws and regulations which adjust social and economic relations arising from the state’s intervening in, and managing and regulating, economic activities for the society’s overall interests. By the end of August 2011, China had formulated 60 economic laws and a large number of related administrative and local regulations. (5) Social law. China’s social laws are the collection of laws and regulations with respect to the adjustment of labor relations, social security, social welfare, and protection of the rights and interests of special groups. By the end of August 2011, China had enacted 18 laws in this particular field and a large number of administrative and local regulations to regulate labor relations and social security. (6) Criminal Law. This is the law that defines crimes and penalties. By the end of August 2011, China had enacted the Criminal Law and eight amendments to it, as well as decisions on punishing fraudulent purchase of foreign exchange, evading foreign exchange control, and illegal trade in foreign exchange, plus nine legal interpretations on the Criminal Law. (7) Litigation and Non-litigation Procedure Laws. These are laws giving standard solutions to various