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Chinese law is one of the oldest
legal
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
traditions in the world. The core of modern Chinese law is based on Germanic-style
civil law,
socialist law
Socialist law or Soviet law denotes a general type of legal system which has been (and continues to be) used in socialist and formerly socialist states. It is based on the civil law system, with major modifications and additions from Marxis ...
, and
traditional Chinese approaches.
For most of the
history of China
The earliest known written records of the history of China date from as early as 1250 BC, from the Shang dynasty (c. 1600–1046 BC), during the reign of king Wu Ding. Ancient historical texts such as the '' Book of Documents'' (early chapte ...
, its legal system has been based on the
Confucian philosophy
Confucianism, also known as Ruism or Ru classicism, is a system of thought and behavior originating in ancient China. Variously described as tradition, a philosophy, a religion, a humanistic or rationalistic religion, a way of governing, or ...
of social control through moral education, as well as the
Legalist emphasis on
codified law
In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law.
Codification is one of the defining features of civil law jurisdi ...
and
criminal sanction. Following the
Xinhai Revolution
The 1911 Revolution, also known as the Xinhai Revolution or Hsinhai Revolution, ended China's last imperial dynasty, the Manchu-led Qing dynasty, and led to the establishment of the Republic of China. The revolution was the culmination of a d ...
, the
Republic of China
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
adopted a largely Western-style legal code in the
civil law tradition (specifically
German- and
Swiss-based). The establishment of the People's Republic of China in 1949 brought with it a more
Soviet-influenced system of
socialist law
Socialist law or Soviet law denotes a general type of legal system which has been (and continues to be) used in socialist and formerly socialist states. It is based on the civil law system, with major modifications and additions from Marxis ...
. However, earlier traditions from Chinese history have retained their influence.
Chinese legal tradition
The word for law in
classical Chinese
Classical Chinese, also known as Literary Chinese (古文 ''gǔwén'' "ancient text", or 文言 ''wényán'' "text speak", meaning
"literary language/speech"; modern vernacular: 文言文 ''wényánwén'' "text speak text", meaning
"literar ...
was ''fǎ'' (法). The
Chinese character
Chinese characters () are logograms developed for the Written Chinese, writing of Chinese. In addition, they have been adapted to write other East Asian languages, and remain a key component of the Japanese writing system where they are k ...
for ''fǎ'' denotes a meaning of "fair", "straight" and "just", derived from its water
radical
Radical may refer to:
Politics and ideology Politics
*Radical politics, the political intent of fundamental societal change
*Radicalism (historical), the Radical Movement that began in late 18th century Britain and spread to continental Europe and ...
(氵). It also carries the sense of "standard, measurement, and model". Derk Bodde and Clarence Morris held that the concept of ''fǎ'' had an association with ''yì'' (義: "social rightness").
Yan Fu
Yan Fu (, IPA: ; courtesy name: Ji Dao, ; 8 January 1854 — 27 October 1921) was a Chinese military officer, newspaper editor, translator, and writer. He was most famous for introducing western ideas, including Darwin's "natural selection", t ...
, in his Chinese translation of
Montesquieu
Charles Louis de Secondat, Baron de La Brède et de Montesquieu (; ; 18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher.
He is the principa ...
's ''
De l'esprit des lois'' published in 1913, warned his readers about the difference between the Chinese ''fǎ'' and Western law: "The word 'law' in Western languages has four different interpretations in Chinese as in ''lǐ'' (理: "order"), ''lǐ'' (禮: "rites", "decorum"), ''fǎ'' (法: "human laws") and ''zhì'' (制: "control").
A term which preceded ''fǎ'' was ''xíng'' (刑), which originally probably referred to
decapitation
Decapitation or beheading is the total separation of the head from the body. Such an injury is invariably fatal to humans and most other animals, since it deprives the brain of oxygenated blood, while all other organs are deprived of the i ...
. ''Xíng'' later evolved to be a general term for laws that related to criminal punishment. The early history ''
Shang Shu
The ''Book of Documents'' (''Shūjīng'', earlier ''Shu King'') or ''Classic of History'', also known as the ''Shangshu'' (“Venerated Documents”), is one of the Five Classics of ancient Chinese literature. It is a collection of rhetorica ...
'' recorded the earliest forms of the "five penalties":
tattoo
A tattoo is a form of body modification made by inserting tattoo ink, dyes, and/or pigments, either indelible or temporary, into the dermis layer of the skin to form a design. Tattoo artists create these designs using several Process of tatt ...
ing,
disfigurement
Disfigurement is the state of having one's appearance deeply and persistently harmed medically, such as from a disease, birth defect, or wound. General societal attitudes towards disfigurement have varied greatly across cultures and over time, ...
,
castration
Castration is any action, surgical, chemical, or otherwise, by which an individual loses use of the testicles: the male gonad. Surgical castration is bilateral orchiectomy (excision of both testicles), while chemical castration uses pharmaceut ...
,
mutilation
Mutilation or maiming (from the Latin: ''mutilus'') refers to severe damage to the body that has a ruinous effect on an individual's quality of life. It can also refer to alterations that render something inferior, ugly, dysfunctional, or imper ...
, and
death
Death is the irreversible cessation of all biological functions that sustain an organism. For organisms with a brain, death can also be defined as the irreversible cessation of functioning of the whole brain, including brainstem, and brain ...
. Once written law came into existence, the meaning of ''xíng'' was extended to include not only punishments but also any state prohibitions whose violation would result in punishments. In modern times, ''xíng'' denotes
penal law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
or
criminal law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
. An example of the classical use of ''xíng'' is ''Xíng Bù'' (刑部, lit. "Department of Punishment") for the legal or justice department in imperial China.
The two major Chinese philosophical schools discussed below, Confucianism and Legalism, strongly influenced the idea of law in China. Briefly, under Confucianism, the state should lead the people with virtue and thus create a sense of shame which will prevent bad conduct. Under Legalism, law is to be publicly promulgated standards of conduct backed by state coercion. The tension between these two systems is that Confucianism relies on tradition to make the leader the head of household of all China, while Legalism makes standard law that even the emperor should be bound by. The common factor is that both endorse to different degrees a paternalistic conception of the state, which knows better than its citizens and makes laws to protect them. This concept persisted throughout the imperial period, into the republican period, and can still be seen acting today.
Unlike many other major
civilization
A civilization (or civilisation) is any complex society characterized by the development of a state, social stratification, urbanization, and symbolic systems of communication beyond natural spoken language (namely, a writing system).
Ci ...
s where written law was held in honor and often attributed to divine origin, law in early China was viewed in purely
secular
Secularity, also the secular or secularness (from Latin ''saeculum'', "worldly" or "of a generation"), is the state of being unrelated or neutral in regards to religion. Anything that does not have an explicit reference to religion, either negativ ...
terms, and its initial appearance was greeted with hostility by Confucian thinkers as indicative of a serious moral decline, a violation of human morality, and even a disturbance of the total cosmic order. Historically, the people's awareness and acceptance of ethical norms was shaped far more by the pervasive influence of custom and usage of property and by inculcating moral precepts than by any formally enacted system of law. Early emperors however embraced the Legalist ideal as a way of exerting control over their large and growing territory and population. This process was integrated with traditional Chinese beliefs in the cosmic order, holding that correct behavior was behavior consonant with the appropriate responses set by ''fǎ''. ''Xíng'' states the potential costs to the individual of exceeding them and imposes penalties for these actions.
The imperial period was characterized mainly by the concept of law as serving the state, a means of exerting control over the citizenry. In the late Qing dynasty there were efforts to reform the law codes mainly by importing German codes with slight modifications. This effort continued and was amplified in the republican period resulting in the Provisional Constitution of 1912 which included the idea of equality under the law, rights for women, and broader rights for citizens vis-à-vis the government. The onset of the communist period at first rolled back the development of individual rights with the primary concept of law returning to that of a tool of the state. After the Cultural Revolution devastated the ranks of intellectuals and legal professionals, it took until 1982 for the idea of individual rights to reemerge as a significant influence on Chinese law.
The current constitution, created in 1982, states in Article V that no organization or individual is above the law and in Article III makes the People’s Congresses and state administration responsible to the people, paving the way for later efforts to allow enforcement of individual rights. Passage of the Administrative Litigation Law of 1987 created legal recourse for individuals from arbitrary government action, an avenue previously unavailable. Despite the deep-seated norm against legal proceedings, litigation in the Chinese courts has increased dramatically, especially in recent years. The continuing weakness of courts resulting from their dependence on the local government for financial support and enforcement undermines the effectiveness of these remedies but this has also begun to change with China’s initiatives to increase legal training and the professionalism of the judiciary.
One avenue of individual appeal from government action which continues to be important is the custom of ''xìnfǎng'' 信访 (or ''shàngfǎng'' 上访) or petitions by citizens to the individuals officials for change. The continuing wide use of ''xìnfǎng'' reflects the fact that many officials are still able to avoid legal sanctions and the underlying avoidance of the legal system, as well as the personal ability of officials to personally intervene to change unjust results. Recently ''xìnfǎng'' has been institutionalized to some extent with the central government mandating that every level of administration establish a ''xìnfǎng'' office to handle petitions and report them up to high levels. This solution by exertion of personal power clearly goes against the idea of rule of law, and worse, some scholars have noted that ''xìnfǎng'' today functions more as an informational collection system for the government than an effective review mechanism.
Confucianism and Legalism
Confucianism
Confucianism, also known as Ruism or Ru classicism, is a system of thought and behavior originating in ancient China. Variously described as tradition, a philosophy, a religion, a humanistic or rationalistic religion, a way of governing, or ...
and
Legalism are two major Classical legal theories or philosophies developed during the Spring and Autumn period and the Warring States period, a time that saw the most impressive proliferation of new ideas and philosophies in Chinese history. While both theories call for governmental hierarchy, they differ drastically in their views of human potential and the preferred means to achieve political order. Nevertheless, both theories have influenced and continue to influence the development of cultural, social, and legal norms in China.
Confucianism
The basic premise of Confucianism is the idea that human beings are fundamentally good. With this optimistic view on human potential, Confucius advocates for ruling through ''li'' – traditional customs, mores, and norms – which allow people to have a sense of shame and become humane people with good character, rather than through government regulations and penal law. The idea is that people will internalize the acceptable norms and only take proper actions. This will not only lead to a harmonious social order, but it will also provide the additional benefit of improving an individual’s inner character and the overall quality of the society. In contrast, codified laws require external compliance, and people may abide by the laws without fully understanding the reason for compliance. As such, a social order achieved through formal laws does not come with the additional benefit of better citizenry. It is worth noting, however, that even Confucius did not advocate for the elimination of formal laws. Rather, according to Confucius, laws should be used minimally and reserved only for those that insist on pursuing one’s self-interests without taking into account the well-being of the society.
As Confucius rejects the general use of formal laws to achieve social order, what lies vital to Confucius’ theory is the willing participation by citizens of the society to search for commonly accepted, cooperative solutions. In addition to willing participation of citizens, there must also be grounds or bases upon which commonly acceptable solutions can be arrived at – the concept known as ''li''. ''Li'' is commonly understood as a set of culturally and socially valued norms that provide guidance to proper behaviors that will ultimately lead to a harmonious society. These norms are not fixed or unchangeable over time but rather a reflection of what is accepted at a particular time in a particular context. When conflicts arise, the ''li'' have to be applied and interpreted to produce a just result and restore the harmony of the society. However, in the absence of any procedural safeguard afforded by codified laws, interpretation of ''li'' is subject to abuse.
Recognizing that people in a society hold diverse interests, Confucius charges the ruler with the responsibility to unify these interests and maintain social order. This is not done by dictatorship but by setting an example. Therefore, a ruler needs not to force his people to behave properly. Instead, the ruler needs only to make himself respectful, and the people will be induced and enlightened by his superior virtues to follow his example – an ideal known as ''wúwéi''. Nevertheless, the ruler must know and understand the ''li'' to be able to create solutions to conflict and problems the society faces. As the people are to follow the moral standards and example set by the ruler, to a large extent, the quality of the ruler determines the quality of the political order.
Legalism
In contrast to Confucius’ ''li''-based theory, the Legalism advocates the utilization of codified laws and harsh punishment to achieve social order. This is due to the legalists’ belief that all human beings are born evil and self-interested. Therefore, if left unrestrained, people would engage in selfish behavior which will undoubtedly lead to social unrest. To cure this defect and force people to behave morally, the only way, believed the legalists, is to publicly promulgate clearly written laws and impose harsh punishments.
Realizing that the abilities of rulers are often limited and that reliance on the ruler’s ability and judgment often leads to adverse results, the legalists designed a system in which the law is run by the state, not the ruler. This ensures that the laws will be applied impartially without the interference of personal bias of the ruler or ones who are responsible for applying the laws. It also makes it irrelevant whether the ruler has superior abilities. This non-action promoted by the legalists is their understanding of the concept of ''wuwei'', which is different from the Confucians’ understanding of the same concept.
Comparison
Notwithstanding such an understanding, the ruler, like in Confucianism, has the ultimate authority to decide what the law should be. Therefore, like Confucianism, Legalism is subject to abuse as well. In fact, the Qin emperor implemented strict laws and extremely harsh punishments without taking into account mitigating circumstances even for insignificant crimes. For example, books were burned and people holding different ideals were buried alive. While the Qin emperor successfully instilled fear and respect for law into the minds of his people, the harshness of the law led to his quick demise after only 14 years of reigning over China.
In summary, although both Confucianism and Legalism were developed in a period of turmoil and both were aimed at the re-unification of the country, the two theories went opposite directions with one advocating for and one against the use of formal laws to achieve social order. What the two theories have in common is their concession of the ultimate authority to the ruler, who remained above and beyond the li or law. It is true that neither theory is ideal in achieving a social order. Nevertheless, both theories have had a significant impact on the cultural and legal development in China, and their influence remains visible today.
The significant influence of the Legalist tradition in Chinese law has historically been overlooked. Although the Confucian ideology provided the fundamentals for the substance of traditional law, the Legalist school constructed the important framework of the traditional legal system. The
Han dynasty
The Han dynasty (, ; ) was an imperial dynasty of China (202 BC – 9 AD, 25–220 AD), established by Liu Bang (Emperor Gao) and ruled by the House of Liu. The dynasty was preceded by the short-lived Qin dynasty (221–207 BC) and a warr ...
retained the basic legal system established under the Qin but modified some of the harsher aspects in line with the Confucian philosophy of social control.
The Han dynasty formally recognized four sources of law: ''lü'' (律: "codified laws"), ''ling'' (令: "the emperor's order"), ''ke'' (科: "statutes inherited from previous dynasties") and ''bi'' (比: "precedents"), among which ''ling'' has the highest binding power over the other three. Most legal professionals were not lawyers but generalists trained in philosophy and literature. The local, classically trained, Confucian gentry played a crucial role as arbiters and handled all but the most serious local disputes.
Eventually, the incorporation of the essentials of Confucianist ''li'' into legal codes occurred with this Confucian conception dominating ancient Chinese law. Ch'ü concludes that the gradual process of Confucianisation of law was the most significant development in the legal system of China prior to 20th century modernization. The line between ruling by moral influence and ruling by punishment was not always clearly delineated. For example, ''li'' could be enforced by moral influence and legal means. The metamorphosis of ''li'' into law depended on its widespread and unvaried acceptance by society.
Although the
codification of law was largely completed by the ''
Tang Code
The ''Tang Code'' () was a penal code that was established and used during the Tang Dynasty in China. Supplemented by civil statutes and regulations, it became the basis for later dynastic codes not only in China but elsewhere in East Asia. The Cod ...
'' of CE 624, throughout the centuries the Confucian foundations of the Tang Code were retained, and indeed with some aspects of it strengthened by the later dynasties. ''The Great Ming Code'', which was a model for the Qing code, covered every part of social and political life, especially family and ritual, but also foreign relations and even relations of earthly life with the cosmos.
The Confucian notion that morality and self-discipline was more important than legal codes caused many historians, such as
Max Weber
Maximilian Karl Emil Weber (; ; 21 April 186414 June 1920) was a German sociologist, historian, jurist and political economist, who is regarded as among the most important theorists of the development of modern Western society. His ideas profo ...
, until the mid-20th century to conclude that law was not an important part of Imperial Chinese society. This notion, however, has come under extreme criticism and is no longer the conventional wisdom among Sinologists, who have concluded that Imperial China had an elaborate system of both criminal and civil law which was comparable to anything found in Europe.
During the Qing dynasty, criminal justice was based on extremely detailed ''
Great Qing Legal Code
The Great Qing Legal Code (or Great Ching Legal Code), also known as the Qing Code (Ching Code) or, in Hong Kong law, as the ''Ta Tsing Leu Lee'' (大清律例), was the legal code of the Qing empire (1644–1912). The code was based on the Ming ...
''. One element of the traditional Chinese criminal justice system is the notion that criminal law has a moral purpose, one of which is to get the convicted to repent and see the error of his ways. In the traditional Chinese legal system, a person could not be convicted of a crime unless he has confessed. This often led to the use of
torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...
, in order to extract the necessary confession. These elements still influence modern Chinese views toward law. All
capital offenses were reported to the capital and required the personal approval of the
emperor
An emperor (from la, imperator, via fro, empereor) is a monarch, and usually the sovereignty, sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife (empress consort), ...
.
There was no
civil code
A civil code is a codification of private law relating to property, family, and obligations.
A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core ar ...
separate from the
criminal code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...
, which led to the now discredited belief that traditional Chinese law had no civil law. More recent studies have demonstrated that most of the magistrates' legal work was in civil disputes, and that there was an elaborate system of
civil law which used the criminal code to establish
torts
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
.
Modernization
The introduction and translation of Western legal texts into Chinese is believed to have been started under the auspices of
Lin Zexu
Lin Zexu (30 August 1785 – 22 November 1850), courtesy name Yuanfu, was a Chinese political philosopher and politician. He was the head of states (Viceroy), Governor General, scholar-official, and under the Daoguang Emperor of the Qing dynast ...
in 1839. More systematic introduction of Western law together with other Western sciences started with the establishment of
Tongwen Guan
The School of Combined Learning, or the Tongwen Guan () was a government school for teaching Languages of Europe, Western languages (and later scientific subjects), founded at Peking (Beijing), China in 1862 during the late-Qing dynasty, right af ...
in 1862. The major efforts in translation of Western law that continued until the 1920s prepared the building blocks for modern Chinese legal language and Chinese law. Legal translation was very important from 1896 to 1936 during which period the Chinese absorbed and codified their version of Western laws. These efforts were assisted by the medium of the Japanese legal language and law developed in Japan during the
Meiji period
The is an era of Japanese history that extended from October 23, 1868 to July 30, 1912.
The Meiji era was the first half of the Empire of Japan, when the Japanese people moved from being an isolated feudal society at risk of colonization ...
which involved in large part Japanese translation of European Continental laws.
In the late
Qing dynasty
The Qing dynasty ( ), officially the Great Qing,, was a Manchu-led imperial dynasty of China and the last orthodox dynasty in Chinese history. It emerged from the Later Jin dynasty founded by the Jianzhou Jurchens, a Tungusic-speak ...
there was a concerted effort to establish legal codes based on European models. Because of the German victory in the
Franco-Prussian War and because Japan was used as the model for political and legal reform, the law codes which were adopted were modeled closely after that of Germany.
Attitudes toward the traditional Chinese legal system changed markedly in the late-20th century. Most Chinese and Westerners of the early 20th century regarded the traditional Chinese legal system as backward and barbaric. However, extensive research into China's traditional legal system has caused attitudes to become more favorable in the late-20th and early 21st centuries. Researchers of the early and mid-20th century tended to compare the traditional Chinese legal system to then contemporary systems, finding the former to be backward. However, more recent research compared the 18th-century Chinese legal system to European systems of the 18th century, resulting in a far more positive view of traditional Chinese law.
The Department of Punishment was changed to ''fa bu'' (法部: "Department of Law") in the early 1900s legal reforms.
Republic of China
Law in the
Republic of China (Taiwan)
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
is mainly a civil law system. The legal structure is codified into the
Six Codes
Six Codes (六法) refers to the six main legal codes that make up the main body of law in Japan, South Korea, and the Republic of China (Taiwan). Sometimes, the term is also used to describe the six major areas of law. Furthermore, it may refer t ...
: the Constitution, the Civil Code, the Code of Civil Procedures, the Criminal Code, the Code of Criminal Procedures and in Administrative Laws.
People's Republic of China
After the
Communist victory in 1949, the newly established People's Republic of China (PRC) quickly abolished the ROC's legal codes and attempted to create a system of
socialist law
Socialist law or Soviet law denotes a general type of legal system which has been (and continues to be) used in socialist and formerly socialist states. It is based on the civil law system, with major modifications and additions from Marxis ...
copied from the
Soviet Union
The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...
. With the
Sino-Soviet split
The Sino-Soviet split was the breaking of political relations between the People's Republic of China and the Soviet Union caused by doctrinal divergences that arose from their different interpretations and practical applications of Marxism–Len ...
(1960-1989) and the
Cultural Revolution
The Cultural Revolution, formally known as the Great Proletarian Cultural Revolution, was a sociopolitical movement in the People's Republic of China (PRC) launched by Mao Zedong in 1966, and lasting until his death in 1976. Its stated goal ...
(1966-1976), all legal work came under suspicion of being counter-revolutionary, and the legal system completely collapsed. A new concept of justice called
judicial populism (''sifa dazhonghua''
) was established. Instead of the requirement for judges to comply with strict judicial procedures, it promoted substantive justice and problem-solving mechanisms.
This legal tradition is based on a cultural view of the non-finality in justice as well as the revolutionary practice of the Communist Party that relies on people's justice.
Over the past century
China has had several constitutions. The first attempts towards implementing a constitution in China occurred during the final decade (1902-1912) of the
Qing dynasty
The Qing dynasty ( ), officially the Great Qing,, was a Manchu-led imperial dynasty of China and the last orthodox dynasty in Chinese history. It emerged from the Later Jin dynasty founded by the Jianzhou Jurchens, a Tungusic-speak ...
. Various controlling groups subsequently promulgated different constitutions between that time and the establishment of the PRC in 1949. The PRC had a provisional constitution from its inception until the enactment of its first constitution in 1954. This initial constitution was based on the constitution of the Soviet Union. It was shortly ignored, however, and became without legal force. Although it provided for the election of the
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, ...
(NPC) every four years as the highest state power, these guidelines were not adhered to. The second constitution of the PRC, modeled on the ideology of the Cultural Revolution, came into force in 1975. This constitution subjected the NPC to the
Chinese Communist Party
The Chinese Communist Party (CCP), officially the Communist Party of China (CPC), is the founding and One-party state, sole ruling party of the China, People's Republic of China (PRC). Under the leadership of Mao Zedong, the CCP emerged victoriou ...
("CCP") and removed previous constitutional protections such as equality under the law and private-property succession rights. It was also immediately disregarded through breaches of its provisions and non-adherence to guidelines regarding the NPC. The third constitution of the PRC was adopted in 1978. Although this version moved away from the ideologies of the Cultural Revolution, it did retain some remnants of it. It also retained Communist Party control over the state structure. However, reformists subsequently gained power, which led to the breakdown of this constitution as focus shifted to economic construction and modernization.
With the start of the
Deng Xiaoping
Deng Xiaoping (22 August 1904 – 19 February 1997) was a Chinese revolutionary leader, military commander and statesman who served as the paramount leader of the People's Republic of China (PRC) from December 1978 to November 1989. After CC ...
reforms (), the idea of reconstructing a legal system to restrain abuses of official authority and developing a "rule of law" to replace rule by dictatorship began to gain traction. New laws were passed and foreign investors sought improvements in property rights which had not been a feature of Maoist government but there was internal conflict in China over the extent of incorporating foreign legal norms into the Chinese legal system. Chinese reformers sought to create a special arbitration body, independent of the local legal system, called the
China International Economic Trade and Arbitration Commission (CIETAC). In 1982
Peng Zhen
Peng Zhen (pronounced ; October 12, 1902 – April 26, 1997) was a leading member of the Chinese Communist Party. He led the party organization in Beijing following the victory of the Communists in the Chinese Civil War in 1949, but was pu ...
said "It is necessary to draw on beneficial experiences—ancient of modern, Chinese or foreign—in studying the science of law...We study them in order to make the past serve the present and foreign things serve China". Others who were more supportive of reforms like
Qiao Shi
Qiao Shi (24 December 1924 – 14 June 2015) was a Chinese politician and one of the top leaders of the Chinese Communist Party (CCP). He was a member of the party's top decision-making body, the Politburo Standing Committee, from 1987 to 1997. ...
still urged cauto against "just copying blindly" and Deng Xiaoping himself said "we must pay attention to studying and absorbing foreign experience...However, we will never succeed if we mechanically copy the experiences and models of other countries".
In 1982 the National People's Congress adopted a new
state constitution that emphasized the rule of law under which even party leaders are theoretically held accountable. Legal reconstruction occurred in piece-meal fashion. Typically, temporary or local regulations would be established; after a few years of experimentation, conflicting regulations and laws would be standardized.
The Constitution of the PRC, enacted in 1982, reflects the model of the first PRC constitution. The Constitution provides for
leadership
Leadership, both as a research area and as a practical skill, encompasses the ability of an individual, group or organization to "lead", influence or guide other individuals, teams, or entire organizations. The word "leadership" often gets view ...
through the working class, led in turn by the Communist Party. This Constitution also contains more extensive rights than any of the previous constitutions. The rights include equality before the law, political rights, religious freedom, personal freedom, social and economic rights, cultural and educational rights, and familial rights. These rights, however, are connected to social duties. The duties include safeguarding the unity, security, honor, and interests of the country, observing law and social ethics, paying taxes, and serving in the military. Neither the rights nor duties provided for in the Constitution are exhaustive.
The Constitution provides that the NPC is the supreme organ of state power over a structure of other people's congresses at various levels. The NPC has power to:
* amend the Constitution by a two-thirds majority
* promulgate legislation
* elect and remove highest-level officials
* determine the budget
* control economic and social-development planning
The NPC also includes a
Standing Committee
A committee or commission is a body of one or more persons subordinate to a deliberative assembly. A committee is not itself considered to be a form of assembly. Usually, the assembly sends matters into a committee as a way to explore them more ...
that functions much as the NPC does when the NPC is not in session. Although the Standing Committee has had some powers since 1955, its law-making powers were initially provided for in the 1982 Constitution. The NPC sits at the highest level in the hierarchy of governmental structure in the PRC. This national level is followed in descending order by the provincial level (including autonomous regions and municipalities directly under the national level), the
prefectural
A prefecture (from the Latin ''Praefectura'') is an administrative jurisdiction traditionally governed by an appointed prefect. This can be a regional or local government subdivision in various countries, or a subdivision in certain international ...
level, the
county
A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
level, and the townships and towns level. Government members at the lower two levels are directly elected, and those at the higher levels are elected by the lower levels. In addition to the NPC, the provincial people's congresses possesses legislative power and can pass laws so long as they do not contravene the Constitution or higher legislation or administrative regulations.
The Constitution states its own supremacy. However, it has been theorized that the supremacy of the Communist Party means that the Constitution and law are not supreme, and that this perspective results from the
Marxist
Marxism is a Left-wing politics, left-wing to Far-left politics, far-left method of socioeconomic analysis that uses a Materialism, materialist interpretation of historical development, better known as historical materialism, to understand S ...
view of law as simply a
superstructure
A superstructure is an upward extension of an existing structure above a baseline. This term is applied to various kinds of physical structures such as buildings, bridges, or ships.
Aboard ships and large boats
On water craft, the superstruct ...
combined with a lack of recognition of rule of law in philosophical or historical tradition. Although the Constitution provides for legislative, executive, judicial, and
procuratorial powers, they all remain subject to Communist Party leadership. Often, important political decisions are made through actions which are not regulated by the Constitution. Additionally,
court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
s need not rely on the Constitution in deciding cases, and they may not review legislation for Constitutionality. Nonetheless, the Constitution does provide the linguistic framework for conducting government affairs and describing them in the media.
Since 1979, when the drive to establish a functioning legal system began, more than 300 laws and regulations, most of them in the economic area, have been promulgated. The use of
mediation committees, informed groups of citizens who resolve about 90% of the PRC's civil disputes and some minor criminal cases at no cost to the parties, is one innovative device. More than 800,000 such committees operate - in both
rural
In general, a rural area or a countryside is a geographic area that is located outside towns and cities. Typical rural areas have a low population density and small settlements. Agricultural areas and areas with forestry typically are describ ...
and urban areas.
In drafting the new laws, the PRC has not copied any other legal system wholesale, and the general pattern has involved issuing 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
precedent
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 valu ...
al value than in most civil law jurisdictions. In formulating 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
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
on
Taiwan
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
, and the
English
English usually refers to:
* English language
* English people
English may also refer to:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ide ...
-based
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 omnipresen ...
used in Hong Kong.
Legal reform became a government priority in the 1990s. The Chinese government has promoted a reform it often calls "
legalisation
Legalization is the process of removing a legal prohibition against something which is currently not legal.
Legalization is a process often applied to what are regarded, by those working towards legalization, as victimless crimes, of which one ...
" (法制化). Legalisation, among other things, has provided the régime with a gloss of legitimacy and has enhanced predictability. There have been major efforts in the rationalization and strengthening of the legal structure and institution building in terms of developing and improving the professionalism of the legislature, judiciary and legal profession. As
market reforms have deepened and social inequality has widened, legal forums – ranging from
mediation
Mediation is a structured, interactive process where an impartial third party neutral assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are ...
and
arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the ' ...
commissions to courts – have come to play an increasingly prominent role.
The 1994 Administrative Procedural Law allows citizens to sue officials for abuse of authority or
malfeasance
Misfeasance, nonfeasance, and malfeasance are types of failure to discharge public obligations existing by common law, custom, or statute.
The Carta de Logu caused Eleanor of Arborea to be remembered as one of the first lawmakers to set up the ...
. In addition, the
criminal law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
and the criminal-procedures laws were amended to introduce significant reforms. The criminal-law amendments abolished the crime of "
counter-revolutionary
A counter-revolutionary or an anti-revolutionary is anyone who opposes or resists a revolution, particularly one who acts after a revolution in order to try to overturn it or reverse its course, in full or in part. The adjective "counter-revoluti ...
" activity. However
political dissident
A dissident is a person who actively challenges an established political or religious system, doctrine, belief, policy, or institution. In a religious context, the word has been used since the 18th century, and in the political sense since the 20t ...
s are sometimes charged on the grounds of subverting state security or of publishing state secrets. Criminal-procedures reforms also encouraged establishment of a more transparent, adversarial trial process. Minor crimes such as prostitution and drug use are sometimes dealt with under
re-education through labor
Re-education through labor (RTL; ), abbreviated ''laojiao'' () was a system of administrative detention on Mainland China. Active from 1957 to 2013, the system was used to detain persons who were accused of committing minor crimes such as pet ...
laws. The PRC constitution and laws provide for
fundamental human rights
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hum ...
, including
due process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual pers ...
, but some have argued that they are often ignored in practice. (See
Human rights in the People's Republic of China
Human rights in mainland China are periodically reviewed by the United Nations Human Rights Committee (UNHRC), on which the Chinese Communist Party (CCP), Government of China, government of the People's Republic of China (PRC) and various fore ...
.)
The basic principles of Chinese legislative drafting include generality and flexibility. Sometimes excessive generality and omissions in Chinese law, coupled with the wide discretionary powers conferred on local authorities to implement laws, undermines the predictability and certainty of law. Furthermore, as Chinese law is intended to be educative, the language of the law is that of the ordinary language comprehensible to the average
citizen
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
, although in reality many laws are drafted in broad and indeterminate language.
As a result of a pending trade war with the
United States of America
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...
over violations of
intellectual property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
rights of American corporations in the early 1990s, the
People's Republic of China's trademark law
The system of trademark law in mainland China is administered by the China National Intellectual Property Administration CNIPA (with an appeal function administered by the Trademark Review and Adjudication Board and the courts). Both are divisions ...
has been modified and offers significant protections to foreign trademark-owners.
After their respective transfers of sovereignty, Hong Kong and
Macau
Macau or Macao (; ; ; ), officially the Macao Special Administrative Region of the People's Republic of China (MSAR), is a city and special administrative region of China in the western Pearl River Delta by the South China Sea. With a pop ...
continue to practice English
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 omnipresen ...
and
Portuguese
Portuguese may refer to:
* anything of, from, or related to the country and nation of Portugal
** Portuguese cuisine, traditional foods
** Portuguese language, a Romance language
*** Portuguese dialects, variants of the Portuguese language
** Portu ...
legal systems respectively, with their own
courts of final appeal. In other words, Hong Kong and Macau lie outside of the legal jurisdiction of the People's Republic of China, except on constitutional issues.
Due to the growing sophistication of Chinese laws, the expansion of the
rule of law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...
, as well as an influx of foreign
law firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients (individuals or corporations) about their legal rights and responsibilities, and to r ...
s, China has also begun to develop a
legal-services market. Foreign lawyers have accompanied foreign capital and their clients to China, which has had an immense influence on the promulgation of new Chinese laws based on international norms, especially in regards to intellectual property and
corporate
A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and re ...
and
securities
A security is a tradable financial asset. The term commonly refers to any form of financial instrument, but its legal definition varies by jurisdiction. In some countries and languages people commonly use the term "security" to refer to any for ...
law.
On July 1, 1992, in order to meet growing demand, the Chinese government opened the legal-services market to foreign law-firms, allowing them to establish offices in China when the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
and the
State Administration of Industry and Commerce
Prior to March 2018, the State Administration for Industry and Commerce (SAIC; ) was the authority in the People's Republic of China responsible for advancing legislation concerning the administration of industry and commerce in the People's Repub ...
(SAOIC) issued the Provisional Regulation of Establishment of Offices by Foreign Law Firms regulation.
As a result, many foreign law firms, including the United States'
Baker & McKenzie
Baker McKenzie is an international law firm located in Chicago, Illinois. It was founded in 1949, originally named Baker & McKenzie. It now has 77 offices in 46 countries. It employs 4,809 attorneys total, and approximately 13,000 employees tot ...
and
Paul, Weiss, Rifkind, Wharton & Garrison
Paul, Weiss, Rifkind, Wharton & Garrison LLP (known as Paul, Weiss) is an American multinational law firm headquartered on Sixth Avenue in New York City. By profits per equity partner, it is the fifth most profitable law firm in the world.
...
, along with several British firms, incorporated consulting firms in their home countries or in Hong Kong and then set up subsidiaries in Beijing or Shanghai to provide legal services.
However, many regulatory barriers to entry remain to protect the domestic legal industry. Issues relating to Chinese law must be referred to Chinese law firms, and foreign lawyers are also prohibited from interpreting or practicing Chinese law or from representing their clients in court. However, in reality many foreign law firms interpret laws and manage litigation by directing the local firms they must have cooperative relationships with. In this regard, China's restrictive legal market can be directly tied to a phobia of people asserting their legal rights in the face of rampant corruption. Information received from the State Council Legislative Office suggests that China may be allowing foreigners to sit the Chinese Lawyers Examination, or have a mutual recognition treaty with other countries to allow foreign lawyers to conduct non-litigation Chinese legal work.
While China's legal market continues to open up, China's laws and regulations have helped the development of a number of domestic Chinese firms specializing in working with foreigners to meet the demand of a booming economy. According to ''
Asia Law and Business'' magazine China Awards, the top China firms were
King & Wood PRC Lawyers,
Commerce & Finance Law Offices,
Fangda Partners,
Haiwen & Partners
Haiwen & Partners () is a Chinese law firm focused on cross-border securities, M&A transactions, private equity, general corporate and commercial dispute resolution practice. Haiwen is a fully integrated partnership with a modified lockstep comp ...
,
Jun He Law Offices and
Lehman, Lee & Xu.
In 2005, China started implementing legal reform, which revived the Maoist-era ideals adopted during the 1950s due to the position that the law is cold and unresponsive to the needs of its citizens.
[Carl Minzner (2015), "Legal Reform in the Xi Jinping Era", ''Asia Policy''. Vol. 20. p. 4] This initiative favored mediation over court trials when it came to resolving conflicts among citizens and conflicts between citizens and the state.
It also revived judicial populism at the expense of judicial professionalism and was marked by the return of the mass-trial model used during the 1940s.
Legal rights
The modern idea of legal rights was introduced to China from the West in the 19th century. Its translation as ''quánlì'' (权利) was coined by
William Alexander Parsons Martin
William Alexander Parsons Martin (April 10, 1827 – December 18, 1916), also known as Dīng Wěiliáng Lydia H. Liu, ''The Clash of Empires: The invention of China in modern world making'', Harvard University Press, 2004, pp. 113–139 (), was an ...
in 1864, in his translation of
Henry Wheaton
Henry Wheaton (November 27, 1785 – March 11, 1848) was a United States lawyer, jurist and diplomat. He was the third Reporter of Decisions of the Supreme Court of the United States, reporter of decisions for the United States Supreme Court, the ...
's ''Elements of International Law''.
Rule of law
One of the most commonly used phrases in contemporary China, by legal scholars and politicians alike, is fǎzhì (法治). Fǎzhì can be translated into English as "
rule of law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...
", but questions have often been asked whether Chinese leaders meant "rule by law", which means the instrumental use of laws by rulers to facilitate social control and to impose punishment as understood in the Legalist tradition. The related concepts of yīfǎ zhìguó (依法治国: "governing the nation according to the rule of law") and jiànshè shèhuì zhǔyì fǎzhì guójiā (建设社会主义法制国家: "building a socialist rule of law state") have been part of the
Chinese Communist Party
The Chinese Communist Party (CCP), officially the Communist Party of China (CPC), is the founding and One-party state, sole ruling party of the China, People's Republic of China (PRC). Under the leadership of Mao Zedong, the CCP emerged victoriou ...
's official policy since the mid-1990s. In 1999, the NPC adopted an amendment to the Chinese Constitution, incorporating both concepts in Article 5.
The existence of the rule of law in China has been widely debated. When discussing Chinese law, it is worth noting that various expressions have been used, including "strengthening the law," "tightening up the legal system," "abiding by the law in administration," "rule by law," and the "rule of law". Different shades of meanings have been attached to each of these terms, but Chinese officials and scholars have employed the expressions rather loosely and sometimes interchangeably.
[Linda Chelan Li, The “Rule of Law” Policy in Guangdong: Continuity or Departure? Meaning, Significance and Processes. (2000), 199-220.] However, the central government had originally preferred the expression, "strengthening the law/legal system" to "the rule of law". It was thought that the latter might give a controversial connotation of the instrumentality, while the former conveyed a straightforward meaning of strengthening the law and institutions. "Strengthening the law" meant reform of legislation and
enforcement of laws.
There are differing theories of the rule of law. One theory is the "thin", or formal, theory of rule of law, and the other is the "thick" theory.
The "thin" theory of rule of law is described by Randall Peerenboom as at the basest level incorporating a legal system that imposes meaningful restraints on the state and individuals in ruling power, that the law is supreme, and that all citizens are equal before the law. According to Lon Fuller’s account of thin theory, rule of law exists in a society when the laws of that society are "general, public, prospective, clear, consistent, capable of being followed, stable, and enforced". The thin theory has also been explained by Joseph Raz as emphasizing the formal or instrumental aspects of a legal system regardless of whether it is part of a particular political structure, i.e. a democratic or non-democratic society. Thick theory rule of law espouses all the elements of thin theory in addition imposes a political, social, and economic concept into the rule of law. The rule of law is regarded by some as presupposing political or economic structures of
liberal democracy
Liberal democracy is the combination of a liberal political ideology that operates under an indirect democratic form of government. It is characterized by elections between multiple distinct political parties, a separation of powers into diff ...
,
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
and other ideal socio-legal order. Some scholars believe that given China's socialist and non-democratic political system and practice, it is at best regarded as a country of rule by law with law used by the state as an instrument for social control. However, others rely on the formal or thin theory of rule of law to interpret fazhi as a legal reality in China. Additionally, some believe that China may still fall short of the thin theory of rule of law.
Of particular relevance to the second principle set out above, was the enactment of the Administrative Permission Law of the PRC (APL) on 27 August 2003, effective from July 2004. The APL for the first time requires all laws and regulations that subject any civil act to approval requirements to be published.
The APL also provides that only those laws adopted by the National People’s Congress or its Standing Committee, administrative regulations promulgated by the State Council, and local regulations adopted by the local people’s congresses may impose administrative approval requirements. Individual ministries or agencies (central or local) do not have such powers except in specified circumstances. This is consistent with the hierarchy of laws and regulations provided under the Legislative Law of the PRC. The enactment of the APL represents an encouraging step forward.
Despite the newly elevated role of courts in Chinese society, there still remains some consensus about defects in China’s legal system in regards to progressing towards the rule of law. Scholars point to the following defects as slowing movement toward rule of law. These include:
* First, the
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, ...
is ineffective at executing its constitutional duty to legislate and supervise the government.
* Second, the
Chinese Constitution
The Constitution of the People's Republic of China is the supreme law of the People's Republic of China. It was adopted by the 5th National People's Congress on December 4, 1982, with further revisions about every five years. It is the fou ...
is not treated as the supreme law, nor is it enforced.
* Third, the judiciary is not independent from political pressure. On the other hand, direct intervention in particular cases by the Chinese Communist Party has lessened in recent years, as has the direct influence of the party on the legislative process.
* Fourth, there is a high level of corruption among public officials. Personal favors, bribery, and taking of public monies are all too common at all levels of government.
* Finally, the legal profession is inadequate for lack of qualified attorneys and judges. This failure is being remedied by legislation aimed at instituting higher educational standards for judges, opening more courts and law schools throughout China.
In the 2000s, the
Weiquan movement
The Weiquan movement is a non-centralized group of lawyers, legal experts, and intellectuals in China who seek to protect and defend the civil rights of the citizenry through litigation and legal activism. The movement, which began in the early ...
began in the PRC, seeking to advance citizens' rights partly by petitioning for enforcement of existing laws, and partly through activism. Lawyers in the movement have seen some court victories, but in other cases they are unsuccessful.
Lawyers in China have to swear an oath of loyalty to the Chinese Communist Party. Lawyers who refuse to follow the party line may have their license to practice law revoked.
See also
*
Three Supremes The Three Supremes () is a doctrine first articulated by General Secretary of the Chinese Communist Party Hu Jintao in December 2007, which requires the judiciary to subordinate the written law to the interests of the Chinese Communist Party (CCP) a ...
References
Citations
Sources
* Deborah Cao, ''Chinese Law: A Language Perspective'' (Hants, England: Ashgate Publishing, 2004).
*
Albert Hung-Yee Chen, ''An Introduction to the Legal System of the People's Republic of China'' (1992).
* Neil J. Diamant ''et al.'' (ed.), ''Engaging the Law in China: State, Society, and Possibilities for Justice'' (Stanford: Stanford University Press, 2005).
* Phillip C. C. Huang, ''Code, Custom and Legal Practice in China'' (Stanford: Stanford University Press, 2001).
*
* Xin Ren, ''Tradition of the Law and Law of the Tradition'' (Westport, Connecticut: Greenwood Press, 1997).
* Scott Andy, ''China Briefing Business Guide: Mergers and Acquisition Law in China'' (Kowloon, Hong Kong: Asia Briefing Media, 2007).
Further reading
*
*
*
External links
Ancient Chinese Theories of control(management study)
Global-Regulation.com - Approximately 10,000 Chinese laws translated into English Federal and state law, publicly available search engine.
China Daily
''China Daily'' () is an English-language daily newspaper owned by the Central Propaganda Department of the Chinese Communist Party.
Overview
''China Daily'' has the widest print circulation of any English-language newspaper in China. T ...
/
Beijing Review
''Beijing Review'' (), previously ''Peking Review'', is China's only national news magazine in English, published by the Chinese Communist Party-owned China International Publishing Group. In 2006 it claimed a per-issue circulation of 70,000 and ...
2005-11-15 (article on
Peking University
Peking University (PKU; ) is a public research university in Beijing, China. The university is funded by the Ministry of Education.
Peking University was established as the Imperial University of Peking in 1898 when it received its royal charter ...
legal scholar
He Weifang
He Weifang (born July 17, 1960; ) is a former professor at Peking University of China and an activist striving to reform the Chinese judicial system, who has argued that the Chinese Communist Party is an unregistered and therefore an illegal orga ...
)
LexisNexis China Commercial legal information provider.
Official law portal for Chinese law Maintained by the Legislative Affairs Office of the State Council
Commercial legal information provider.
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