What type of law system is China?

China adopts a socialist legal system with Chinese characteristics. The system consists of legislative, executive, judicial and legal supervision organs.

What kind of law system does China have?

China has no common law. Instead, China has mainly a civil law system. In China, the law means statutes and excludes case law. In other words, court cases are not law; only rules codified by the legislature, the executive, and the judiciary are laws.

Does China have a civil law legal system?

The Civil Law of the People’s Republic of China shall adjust property relationships and personal relationships between civil subjects with equal status, that is, between citizens, between legal persons and between citizens and legal persons. Parties to a civil activity shall have equal status.

What is China civil law?

Civil law’ is the basic (Yiben) law used to regulate relations in a commodity economy. In the legal system of the People’s Republic of China (“PRC”) civil law occupies a critical position. Chinese law is divided into three levels: fundamental (genben) law, basic (jiben) law, and specifically enacted (danxing) law.

Is China’s judicial system independent?

According to the constitution, the court system is to exercise judicial power independently and free of interference from administrative organs, public organizations, and individuals. The Party’s Political and Legal Affairs Commissions coordinates and have direct control over all the court system.

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Is China a socialist?

The Communist Party of China maintains that despite the co-existence of private capitalists and entrepreneurs with public and collective enterprise, China is not a capitalist country because the party retains control over the direction of the country, maintaining its course of socialist development.

How does China legal system work?

China’s legal system covers laws that fall under seven categories and three different levels. The seven categories are the Constitution and Constitution-related, civil and commercial, administrative, economic, social, and criminal laws and the law on lawsuit and non-lawsuit procedures.

How the Chinese system is different from the United States justice system?

The distinction between American judicial independence and Chinese judicial dependence may be one of the most critical differences between the two systems because the American judicial branch is meant to act as a check and balance with the other systems, while China’s three-part system has the same branches but lacks …

How are China’s laws made?

A law enacted by the National People’s Congress shall be promulgated by presidential order signed by the President of the state. The caucus of chairpersons may propose a bill to the Standing Committee for deliberation.

Does China have a jury system?

There is no jury in China, instead, there are people’s assessors. In particular cases, people’s assessors and judges will form a collegial panel to hear cases together. According to China’s Civil Procedure Law (CPL), the people’s assessors have equal rights and obligations as judges.

Does China have judiciary?

China’s judicial system is made up of many sub-systems. But the most frequently mentioned parts are the people’s court system, the people’s procuratorate system, and the public security system. The people’s courts are judicial organs exercising judicial power on behalf of the state.

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Does the judiciary in China have judicial review?

Courts in the PRC do not have a general power of judicial review which enables them to strike down legislation. However under the Administrative Procedure Law of the People’s Republic of China, they do have authority to invalidate specific acts of the government.