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Criminal Law Of The People's Republic Of China
The Law of the People's Republic of China, officially referred to as the Socialist legal system with Chinese characteristics, is the legal regime of China, with the separate legal traditions and systems of mainland China, Hong Kong, and Macau. China's legal system is largely a civil law system, although found its root in Great Qing Code and various historical system, largely reflecting the influence of Continental European legal systems, especially the German civil law system in the 19th and early 20th centuries. Hong Kong and Macau, the two Special Administrative Regions, although required to observe the constitution and the basic laws and the power of the National People's Congress, are able to largely maintain their legal systems from colonial times. During the Maoist period (1949–1978), the government had a hostile attitude towards a formalized legal system, because Mao and the Chinese Communist Party (CCP) "saw the law as creating constraints upon their power." The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Socialism With Chinese Characteristics
Socialism with Chinese characteristics ( zh, s=中国特色社会主义, hp=Zhōngguó tèsè shèhuìzhǔyì) is a set of political theories and policies of the Chinese Communist Party (CCP) that are seen by their proponents as representing Marxism–Leninism adapted to Chinese circumstances and specific time periods, consisting of Deng Xiaoping Theory, Three Represents (Jiang Zemin), Scientific Outlook on Development ( Hu Jintao), and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. In this view, Xi Jinping Thought is considered to represent Marxist–Leninist policies suited for China's present condition while Deng Xiaoping Theory was considered relevant for the period when it was formulated. The term entered common usage during the era of Deng Xiaoping and was largely associated with Deng's overall program of adopting elements of market economics as a means to foster growth using foreign direct investment and to increase productivity (especially ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Republic Of China (1912–1949)
The Republic of China (ROC), between 1912 and 1949, was a sovereign state recognised as the official designation of China when it was based on Mainland China, prior to the Retreat of the government of the Republic of China to Taiwan, relocation of Government of the Republic of China, its central government to Taiwan as a result of the Chinese Civil War. At a Population history of China, population of 541 million in 1949, it was the List of countries and dependencies by population, world's most populous country. Covering , it consisted of 35 provinces of China, provinces, 1 Special administrative regions of China#ROC special administrative regions, special administrative region, 2 regions, 12 special municipality (Republic of China), special municipalities, 14 leagues, and 4 special banners. The China, People's Republic of China (PRC), which rules mainland China today, considers ROC as a country that ceased to exist since 1949; thus, the history of ROC before 1949 is often ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Procedure Law Of The People's Republic Of China
The ''Administrative Procedure Law of the People's Republic of China'' (APL) is legislation passed in 1990 that authorized private suits against administrative organs and personal on the grounds of infringement of their rights. The law is often referred to in English as the Administrative Litigation Law which is a closer translation of the Chinese, but which is not the official English translation used by the PRC government. Article 11 lists 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. Article 12 limits the scope of the law. Court review of agency action is not per ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme People's Court Of The People's Republic Of China
The Supreme People's Court of the People's Republic of China (SPC; ) is the highest court of the People's Republic of China. It hears appeals of cases from the high people's courts and is the trial court for cases about matters of national importance. The court also has a quasi-legislative power to issue judicial interpretations and adjudication rules on court procedure. According to the Chinese constitution, the Supreme People's Court is accountable to the National People's Congress, which prevents the court from functioning separately and independently of the governmental structure. The court has about 400 judges and more than 600 administrative personnel. The court serves as the highest court for the People's Republic of China and also for cases investigated by the Office for Safeguarding National Security in Hong Kong. The special administrative regions of Hong Kong and Macau have separate judicial systems based on British common law traditions and Portuguese civi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Or Controversy
The Supreme Court of the United States has interpreted the Case or Controversy Clause of Article III of the United States Constitution (found in Art. III, Section 2, Clause 1) as embodying two distinct limitations on exercise of judicial review: a bar on the issuance of advisory opinions, and a requirement that parties must have standing. First, the Court has held that the clause identifies the scope of matters which a federal court can and cannot consider as a case (i.e., it distinguishes between lawsuits within and beyond the institutional competence of the federal judiciary), and limits federal judicial power only to such lawsuits as the court is competent to hear. For example, the Court has determined that this clause prohibits the issuance of advisory opinions (in which no actual issue exists but an opinion is sought), and claims where the appellant stands to gain only in a generalized sense (i.e. no more or less than people at large), and allows only the adjudication of c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stare Decisis
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Council Of The People's Republic Of China
The State Council, constitutionally synonymous with the Central People's Government since 1954 (particularly in relation to local governments), is the chief administrative authority of the People's Republic of China. It is chaired by the premier and includes each cabinet-level executive department's executive chief. Currently, the council has 35 members: the premier, one executive vice premier, three other vice premiers, five state councilors (of whom three are also ministers and one is also the secretary-general), and 26 in charge of the Council's constituent departments. The State Council directly oversees provincial-level People's Governments, and in practice maintains membership with the top levels of the CCP. Aside from very few non-CCP ministers, members of the State Council are also members of the CCP's Central Committee. Organization The State Council meets every six months. Between meetings it is guided by a (Executive Meeting) that meets weekly. The standin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National People's Congress
The National People's Congress of the People's Republic of China (NPC; ), or simply the National People's Congress, is constitutionally the supreme state authority and the national legislature of the People's Republic of China. With 2,980 members in 2018, it is the largest legislative body in the world. The National People's Congress meets in full session for roughly two weeks each year and votes on important pieces of legislation and personnel assignments among other things, and due to the temporary nature of the plenary sessions, most of NPC's power is delegated to the Standing Committee of the National People's Congress (NPCSC), which consists of about 170 legislators and meets in continuous bi-monthly sessions, when its parent NPC is not in session. As China is an authoritarian state, the NPC has been characterized as a rubber stamp for the Chinese Communist Party (CCP) or as only being able to affect issues of low sensitivity and salience to the Chinese regime. M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legislation Law Of The People's Republic Of China
The ''Legislation Law of the People's Republic of China'' is a law passed by the National People's Congress which describes the relationship between laws and regulations as well as the roles of various institutions in the Chinese government. Among the interesting parts of the law is Article 8 which establishes the principle that only a law passed by the NPC can be used to criminalize activity. This article was invoked in the case of Sun Zhigang incident to overturn regulations on the detention of migrants. In addition Articles 78 to 92 outline a procedure for resolving conflicts between laws which is primarily legislative in nature. External links *http://www.gov.cn/english/laws/2005-08/20/content_29724.htm {{Asia-law-stub Law of the People's Republic of China The Law of the People's Republic of China, officially referred to as the Socialist legal system with Chinese characteristics, is the legal regime of China, with the separate legal traditions and systems of mainlan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated between the Baltic and North seas to the north, and the Alps to the south; it covers an area of , with a population of almost 84 million within its 16 constituent states. Germany borders Denmark to the north, Poland and the Czech Republic to the east, Austria and Switzerland to the south, and France, Luxembourg, Belgium, and the Netherlands to the west. The nation's capital and most populous city is Berlin and its financial centre is Frankfurt; the largest urban area is the Ruhr. Various Germanic tribes have inhabited the northern parts of modern Germany since classical antiquity. A region named Germania was documented before AD 100. In 962, the Kingdom of Germany formed the bulk of the Holy Roman Empire. During the 16th ce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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