Law of the People's Republic of China
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.
The Chinese Communist Party (CCP)'s Central Political and Legal Affairs Commission maintains effective control over the courts and their personnel.
[1] During the Maoist period (1949–1978), the government had a hostile attitude towards a formalized legal system, because Mao and the CCP "saw the law as creating constraints upon their power."
But from the start of the Anti-Rightist Campaign in 1957–1959 to the end of the Cultural Revolution around 1976, the PRC lacked most of the features of what could be described as a formal legal system.
[citation needed] Proposals to create a system of law separate from the CCP were abandoned after the 1989 Tiananmen Square protests and massacre.
After China's Reform and Opening Up, the CCP emphasized the rule of law as a basic strategy and method for state management.
[7] In 2007, the doctrine of the Three Supremes was introduced under Hu Jintao, mandating that the judiciary subordinate written law to the interests of the CCP.
[8] On October 27, 2011, the State Council Information Office released the white paper "Socialist Legal System with Chinese Characteristics", announcing that the People's Republic of China has enacted a total of 240 effective laws (including the Constitution), 706 administrative regulations, and more than 8,600 local regulations, and believes that the socialist legal system with Chinese characteristics has been formed.
"[10] Xi describes the leadership of the CCP as essential to upholding the socialist rule of law and opposes the requirement of judicial independence.
[6]: 112–113 In his writings, Xi has emphasized traditional Chinese concepts including people as the root of the state (mingben), "the ideal of no lawsuit" (tianxia wusong), "respecting rite and stressing law" (longli zhongfa), "virtue first, penalty second" (dezhu xingfu), and "promoting virtue and being prudent in punishment" (mingde shenfa).
[12]: 131–132 In 2019, the city of Hangzhou established a pilot program artificial intelligence-based Internet Court to adjudicate disputes related to ecommerce and internet-related intellectual property claims.
"[14] Unlike some civil law jurisdictions such as Germany, China does not systematically lay down general principles in its constitution which all administrative regulations and rules must follow.
In addition, unlike common law jurisdictions, higher courts have the power of supervision and guidance, which means that on their own initiative they can reopen a case that has been decided at a lower level.
[17][non-primary source needed] The Civil Procedure Law of the People's Republic of China was first adopted in 1991 and subsequently amended in 2007, 2012, 2017 and 2021.
[23]: 120 In 2009, China amended its Criminal Law to set a low threshold for the prosecution of malicious cybercrimes and illegal data sales.
[25][26][27] The harshness of criminal law in China has attracted heavy criticism or strong support, especially due to the insistence on capital punishment for many crimes.
China accounts for the biggest number of criminals executed in the world per year, which has raised concerns among different human rights groups and international organizations.
[30] However, the independence of the courts and institutions involved in the investigation, prosecution and trial of criminal offences in China remains challenged by the structure of the PRC's government and its organs.
"[31] The State Council is authorized to promulgate administrative regulations, on social and economic sectors and affairs consistent with the laws adopted by the NPC and its Standing Committee.
I swear my loyalty to the motherland, to the people, to uphold the leadership of the Communist Party of China and the socialist system, and to protect the dignity of the Constitution and laws.
[38][39]Xi Jinping encourages legal professionals to selectively incorporate aspects of traditional Chinese law into their modern approaches.
