Chinese legal system

Course Syllabus for <Chinese Legal System>

introduction on areas include: The general theory about Chinese law,

the history of china legal system, constitution and administrative law civil law economic law criminal law procedure law.

Teaching Method(s)

1. ppt or 2. teacher gives lecture mainly or 3. students ask questions with

detailed explanation or 4.case discussion (seminar ) 5. video about Chinese law and cases

Assessment Information

The formative assessment method is adopted for the course.It consists of the following aspects:

1 、 School attendance and class performance 30%

2 、 requires that a report (on chinese law or law of your countries)of 1000-1500 words be written under open-book condition. The report should achieve 70% of available marks.

Lecture one

The history of chinese legal system

Overview

1. Brief Introduction to the legal systems of the world

2. Chinese legal history and legal tradition

3. Republican China

4. Development after 1949

1.The legal systems of the world

civil law, common law,  Islamic law , Hindu law and Chinese law.

But, with The falling down of the ancient civilization , the traditional Chinese law and hindu law have little influence on modern world.

The legal systems of the world today are generally based on : civil law, common law, and  Islamic law – or combinations of these. However, the legal system of each country is shaped by its unique history .

1.The legal systems of the world

  Civil law  Common law  Bijuridical (civil and common law, also

known as mixed jurisdiction)  Islamic law (Sharia)

Civil law

(Continental European law) The central source of law that is

recognized as authoritative is codifications or statute passed by legislature, to amend a code.

four distinct groups of civil law

French civil law: in France, the Benelux countries, Italy, Romania, Spain and former colonies of those countries;

German civil law: in Germany, Austria, Switzerland, Estonia, Latvia, former Yugoslav republics, Greece, Portugal and its former colonies, Turkey, Japan, South Korea and the Republic of China;

Scandinavian civil law: in Denmark, Norway and Sweden. As historically integrated in the Scandinavian cultural sphere, Finland and Iceland also inherited the system.

Chinese law: a mixture of civil law and socialist law in use in the People's Republic of China.

Common law(Anglo-American law ) whose sources are the decisions in cases

by judges. Alongside, every system will have a legislature that passes new laws and statutes.

developed in England, almost every former colony of the British Empire has adopted it (Malta being an exception).

The doctrine of stare decisis or precedent by courts is the major difference to codified civil law systems.

Common law is currently in practice in Ireland, most of the United Kingdom (England and Wales and Northern Ireland), Australia, New Zealand, Bangladesh, India, Pakistan, South Africa, Canada (excluding Quebec), Hong Kong, the United States (excluding Louisiana) .

In addition to these countries, several others have adapted the common law system into a mixed system. e.g. Nigeria operates largely on a common law system but incorporates religious law.

2.Chinese legal history and legal tradition

Chinese Legal system 1 、 the system of existing domestic laws

in P.R.china （中国法律制度） 2 、 traditional Chinese law （中华法

系）

①Brief Introduction to China Officially called as the People’s Republic of China

or PRC (Chinese people, for thousands of years, call their country “zhongguo”, which literally means “Central Country” or “Middle Kingdom”, reflecting their belief that the country stood as a leading civilization for centuries, outpacing the rest of the world in the arts and sciences.) 

Largest country in terms of population (over 1300 million)

Third the largest in the world in area (after the Russia and Canada; slightly larger than U.S.A.  )

Location and Climate Stretching from its southern borders in the

Himalayas to the deserts of Mongolia in the north, and from the East China Sea through the Yangzi River Valley plains, to the Tibetan Plateau in the western mainland, China covers an area of some 9,600,000 square kilometres with more than 5,000 islands, of which Taiwan and Hainan are the largest. .

The climate varies from the subtropical south, with a heavy monsoon rainfall, to the arid North-west; in winter the temperature can be -30°C in the North-east, yet 15°C in the far South.

Dynasty Date

Xia 2070-1600 B.C.

Shang 1600-1046 B.C.

Western Zhou 1046-771 B.C.

Eastern Zhou  

Spring and Autumn Period 770-476 B.C.

Warring States Period 475-221 B.C.

Qin 221-206 B.C.

Western Han 206 B.C.-A.D. 24

Eastern Han 25-220

Three Kingdoms (Wei, Shu and Wu) 220-265

Western Jin 265-316

Eastern Jin 317-420

Southern and Northern Dynasties 420-589

Sui 581-618

Tang 618-907

Five Dynasties 907-960

Northern Song 960-1127

Southern Song 1127-1279

Yuan 1271-1368

Ming 1368-1644

Qing 1644-1911

Diversity of People and Language

Over 50 different nationalities living in China. The majority (94 %) are Han; the other groups include Tibetans, Mongolians, Zhuang, Li and Miao whose languages and customs are quite different from those of the Han.

The official language in China is Mandarin (Beijing dialect) , as spoken in Beijing , but there are also many different dialects to listen for.

China as a Third World Country

Left behind by European civilizations in the 19th and early 20th centuries, during which it was beset by foreign invasions, military defeats, civil wars and major famines.

China sometimes sees itself as a Third World country, but outsiders sometimes find it puzzling that a Third World country can build its own rockets and nuclear weapons and have advanced research programs in many aspects of science.

About 70 % of the people live in the countryside, and though many parts of rural China are still poor, the Chinese have managed to solve their food problem, achieved a remarkable level of health care, and provided at least primary education for the majority of children.

the world’s second-largest economy behind the United States

②The historical origin and development of “fa”

China has a long history with its own unique ‘legal culture’ and conception of law. Yet, for the whole of the twentieth century, the development of Chinese law and legal science was mainly a process of learning from, making use of, absorbing foreign experiences. _____law in China has been a complex mix of traditional Chinese approaches and Western influences.

法

At the time of transplanting foreign laws in modern China ， China has also localized laws by preserving traditional legal ideas ， and principles.

The traditional Chinese law has undergone continuous development since at least the 11th century BC.

This legal tradition is distinct from the common law and civil law traditions of the West.To a great extent, is contrary to the concepts of contemporary Chinese law.

灋 , 刑也。平之如水 , 从水。廌所以触不直者去之，从去。摘《说文解字 》

the origin of the word

Two headstreams of Chinese Law

(1) “Xing”, punishment or criminal law, origins from the military law in practice of wars. “ 刑始于兵”

(2) “Li”, was derived from the original sacrifice rites among the ancient clans. “ 礼源于祭祀”

灋 , 刑也。 law of ancient China was derived from

martial law ． Its advantages lay in fairness ， openness and firmness and its disadvantages in harshness and brutality ．

All its advantages and disadvantages arose from the same reason ， that is ，the need of war ．

Roman law highly developed in civil sense, as contrasted with law that has an all-embracing system of coherent and general rules for the regulations for the society, dealt mostly with criminal matters, as in China.

The laws in China, for consecutive three millenaries until 1903, were mainly developed in the form of criminal law, with a few civil and administrative regulations as supplements.

All-embraced Legal System with the Criminal Law in Pith

五刑

"five penalties":  tattooing, disfigurement, castration, 

mutilation, and death

xiè zhì( 獬豸 ), an animal looks like a unicorn ( 独角兽 )

The animal has a huge horn on the head, which is used to punish criminals and dishonest officials.

Early positive law e.g. Spring and Autumn Period, Zheng state:

Book of Punishment 《铸刑书》 , the first published law in ancient China

Warring States Period, Wei State: Canon of Laws 《法经》 fa jin, the first systematic feudal law in China, includes six chapters “ 盗”、 “贼”、”网“、”捕“、”杂“、”具“， the first two about regulations on felonies towards the state and other persons, the third and forth on criminal procedures, the fifth on other crimes and the sixth on principles of criminal law.

a goddess equipped with three symbols of the rule of law: a sword symbolizing the court‘s coercive power; scales representing the weighing of competing claims; and a blindfold indicating impartiality.

Lady Justice

Lady Justice

ＶＳ　

　 unicorn

Similarities: Both realize that there are many weaknesses in humanity, so we have to rely on God’s sentence and they reflect the pursuit of justice and equity.

differences: Lady Justice is blindfolded, which means she can only judge things rationally, not instinctively or emotionally. While in Chinese culture, the judge’s moral character, courage and intelligence usually determine the practice of justice.

Western way of “rule by law” and Chinese way of “rule by people”

③Chinese legal history and legal tradition: Confucianism and Legalism

The Spring and Autumn and Warring State Periods that preceded the unification of Ch’in were times of great social, economic, and political upheavals, as well as the blossoming of many important schools of political, social and legal thought which were to dominate Chinese intellectual history for centuries to come.

Confucianism and Legalism were the most outstanding two of them. The two schools held different views regarding the relative roles of law and morality in society.

Confucianism （儒家思想）

the state should lead the people with virtue and thus create a sense of shame which will prevent bad conduct

Confucian

Confucianism is in its essence a set of moral and ritualistic norms for the regulation of human relationship.

Among its central percepts are ren ( 仁， benevolence, moral feeling towards other people or feelings of humanity ), i ( 义， moral integrity, or consciousness of moral obligation), and li ( 礼， rites, customs or rules as to proper individual and social conduct).

According to the Confucian vision, in a society where people were governed by li, disputes and conflicts would be easily resolved through friendly negotiation, mediation and mutual compromise. People would not assert their self-interest too full but would instead adopt an attitude of self-criticism, giving concessions so as to arrive a common understanding with the other parties.

In this way, the ideal of social harmony would be achieved.

The Analects of Confucius

子曰：“道之以政，齐之以刑，民免而无耻；道之以德，齐之以礼，有耻且 格。”

The Master said, "If the people be led by laws, and uniformity sought to be given them by punishments, they will try to avoid the punishment, but have no sense of shame. "If they be led by virtue, and uniformity sought to be given them by the rules of propriety, they will have the sense of shame, and moreover will become good."

季康子問政於孔子曰：“如殺無道，以就有道，何如？”孔子對曰：“子為政，焉用殺？子欲善，而民善矣。君子之德風，小人之德草。草上之風，必偃。”

Ji Kang asked Confucius about government, saying, "What do you say to killing the unprincipled for the good of the principled?" 

Confucius replied, "Sir, in carrying on your government, why should you use killing at all? Let your evinced desires be for what is good, and the people will be good. The relation between superiors and inferiors is like that between the wind and the grass. The grass must bend, when the wind blows across it."

LegalismWarring States Period Ch’in state,

Prime Minister Shang Yang firstly stressed the conception of rule by law.

law is to be publicly promulgated standards of conduct backed by state coercion

The common factor in Confucianism and Legalism is that law as used to serve the state , a means of controlling over the citizenry

lacking of democracy has long been a problem in China.Han feizi

Law and the Legalists Neither denied nor objected to the

distinction between the noble, the humble, the superior, the inferior, the elder, the younger, the near and the remote

But considered these matters as minor and irrelevant, and even a hindrance to the business of governing

Interested in maintaining legal and political order

Asserted that the governing of a state depended primary upon the rewards which encouraged good behavior and punishment which discouraged bad behavior

Uniform law and uniform reward and punishment: determined by objective, absolute standards which permitted no differentiation on the basis of personal differences

Resemblance:both endorse to different degrees a paternalistic conception of the state

Legalist: Advocated heavy reliance on law as an instrument of

government. Legal rules applicable equally to all people irrespective of

social rank, and persons in breach of the law should be given strict punishment

Confucian: Argued against excessive use of legal coercion and

stressed the merits of government by education, persuasion, and moral example.

The subjects should be taught what was right and wrong and inculcated with the li, or the moral and social rules of conduct, so that they would behave properly according to their conscience and not merely because punishment.

Li Versus Law

• Similarity: both aimed at the maintenance of social order;

• Difference: what constituted an ideal social order and by what means such an order could be attained.

rejecting the other schools confucianism-only ideology

Confucianism did triumph over Legalism in the sense that it was officially accepted as the state philosophy since the Han Dynasty (206 BC-220AD), and remained the dominant ideology in Chinese society until the fall of Ch’ing Dynasty a century ago.

Confucianists believed that differentiation finally lead to a realization of their ideal society based upon the principle of “human relationship”—a society in which the ruler acts as a rule, the minister as a minister, the father, the son, the elder brother, the younger brother, the husband, the wife, etc.

San Gang Wu Chang ( 三纲五常： three principles & five constants)

三纲五常1. Three principles

A. Emperor is the principle of subjects;

B. Father is the principle of son;

C. Husband is the principle of wife

2. Five constants: 仁 (Ren) kindness; 义 (Yi) loyalty; 礼 (Li) courtesy & rites; 智 (Zhi) wisdom; and 信 (Xin) trust. Regarded as in the human nature.

德主刑辅，礼刑并用 . Moral teaching as the primary means, with punishment as supplement.

From Ming Dynasty onward　　　　 明刑弼教，不可偏废 . raised

punishment as the same important means of ruling along with moral teaching. Some brutal punishment returned ,such as 凌迟 , put to death by dismembering the body.

Confucianization of law when Confucianism became the state

philosophy, the Confucianists began to interpret and apply the law in accordance with Confucianist doctrines and most important of all, to revise the law by incorporating Li into it.

Confucian doctrines, especially the essential themes of Li, then came to dominate the law

The Role of Law in Society To implement Li; Subordinated to Li and

ethics; Punitive, and invoked whenever Li or moral principles were violated; Played a secondary role

Emphasized on status; Specific as to familial or social status which was the main consideration in the administration of justice; Paid little attention to such matters as individual rights

Litigation discouraged

Defects of china’s law system

In contrast to western legislature,the basic principles of Chinese legislative drafting include generality and flexibility.

Furthermore, Chinese law is intended to be educative.

④Laws & Regulations of Each Stage of Chinese History

According to archaeology, the first slavery State in ancient China, Xia( 夏 ), lasted for more than 4 centuries and was succeeded by a second State, Shang( 商 ), which last for another 5 centuries.

The emblematizing characters of this first state were:

(1) Citizens were plot out and govern by district rather than previously by ancestry or pedigree.

(2) The hereditary of kingship was firstly established.

(3) Public powers came into being. (e.g., administrative organs and officers;prisons.)

Zhou li

the key concepts of Chinese civilization, such as the idea that the ruler ruled by virtue of a Mandate of Heaven, and the doctrine of governing society in accordance with li ( 礼 ), were first established in the western Zhou( 周 ) Dynasty.

Li

in its broad sense embraces all religious, political, and social institutions;

in its narrower sense, it refers to the norms and rules governing religious, social, diplomatic and military ceremonies, rituals and rites (e.g. funeral ritual, wedding ceremonies, the capping ceremony for youths who reached the age of majority, rites for ancestral worship, religious sacrificial rites 吉礼、凶礼、军礼、宾礼、嘉礼 ), as well as rules and norms regarding proper behavior, etiquette, manners, clothing etc. for persons in different social class or standing in particular familial or social relationship towards other persons.

e.g. 　“ 亲亲父为首” , every family member shall respect the

father as dominant at home. “尊尊君为首” , all the subjects shall uphold the throne as

dominant in a country. Li in Marital System 3 principles: a) monogamous, b) forbid marriage between

those of the same family name, c) subject to the order of parents

6 steps for matrimony: 纳采、 问名、 纳吉、 纳征、 请期、 亲迎

7 grounds for divorce and 3 for prohibit ( 七出三不去 ): 不顺父母去、无子去、淫去、妒去、恶疾去、多言去、盗窃去。有所娶无所归，不去；与更三年丧，不去；前贫贱后富贵，不去。

The name of Xing and Lǜ was succeeded for the code of the state in most of the period in dynastic China.

The Three Kingdoms Period and Jin Dynasty: 《魏律》、《晋律》

Sui Dynasty: 《开皇律》 Tang Dynasty ：《唐律疏议 　》 ( 又称《永辉律疏》疏，

解释 )

Song Dynasty: 《宋刑统》 Ming Dynasty: 《大明律》 ( 律文简于唐，精神严于

宋 )

Ch’ing Dynasty: 《大清律例》

“Ten abominations” were most serious offenses: treason, crimes against parents or elders, failing in filial piety. Many of the abominations were punishable by death.

“ 十恶”：谋反、谋大逆、谋叛、恶逆、不道、大不敬、不孝、不睦、不义、内乱。

From Han Dynasty onward, the criminals’ family members and close blood relatives cover up for the crimes

　　　　　 亲亲得相首匿 / 亲亲相隐 子曰：“父为子隐 , 子为父隐 , 直在其中

矣” -- 《论语 · 子路》

The system recognized special privileges of “bayi”, eight groups, including imperial family, persons of merit, high officials; their family members.

　　　　　“ 八议”

In some kingdoms during the Northern and Southern Dynasties, certain punishment of crime can be counteracted by nobility or official positions.

　　　　　 官当，官职爵位折抵徒醉的特权制度。《北魏律》规定每一爵位抵当徒罪 2 年。

Modernization of Chinese Law

In the late Qing dynasty 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.

Criminal Code drafted in 1907

Contained hardly any clause dealing specifically with family status, social status, or the corresponding privileges.

Put an end to the legal recognition of class differences;

Civil Code drafted by a Japanese jurist in 1911:

Included only three sections: general principles, law of debts, law of things;

Sections of family and successions drafted by two Chinese lawyers not presented to the emperor for approval;

So, not become a controversial issue

3.Republican China Following the overthrow of the Qing

dynasty in 1911, China came under the control of  warlords .No government strong enough to establish a legal code to replace the Qing code.

Finally, in 1927, Chiang Kai-shek's Guomindang forces were able to suppress the warlords and gain control of most of the country.

The Nanjing government tried to develop Western-style legal systems. Few of the Guomindang codes, however, were implemented nationwide. constitutional and legal development was hindered .

Six Laws of the Republic of China

Civil Law (1929) Civil Procedure Law (1935) Criminal Law (1935) Criminal Procedure Law (1935) Constitution (1946) Administrative Laws

4.Development after 1949

①Early development Abolition in 1949 by P.R.C of all the laws of the

predecessor state, the Republic of China. little need for a formal legal system in many

areas of national life, since the economy was largely subject to state planning and conflicts could thus be resolved without reference to legal rights and Duties.

Recurring political turmoil prevented any substantial development of the legal system for the first three decades of the PRC.

Mao Zedong maintained that revolution was continuous, and he opposed any legal system that would constrain it. While  Western law  stressed stability, Mao sought constant change, emphasized the contradictions in society, and called for class struggle. The courts were for achieving political ends, and  criminal law  was used by the party to conduct class struggle. New "enemies" were often identified. Mao believed it unwise to  codify a criminal law that might restrain the party.

After 1949 the party also altered the legal profession. A number of law schools were closed, and most of the teachers were retired.

Legal work was carried on by a handful of Western-trained specialists and a large number of legal cadres. The cadres were chosen more for their ideological convictions than legal experience.

campaign The land reform ( 1949-51 ) suppress counterrevolutionaries(1950) the san fan ("three anti") opposed corruptions,

waste, and bureaucratism, while the wu fan ("five anti") against bribery, tax evasion, theft of state assets, cheating on government contracts, and theft of state economic secrets (1952 )

Anti-Rightist Campaign (1957)  Great Leap Forward (1958–60 ) Cultural Revolution (1966-1976)

②.Post 1978 Legal Reforms

The development of the current legal system dates from the late 1970s, after the end of the  Cultural Revolution.

After more than 30 years of endeavour, the P.R.China has established, through enactments by the National People's Congress and its Standing Committee, a rather complete legal system with constitution, civil and commercial law, criminal law, administrative law, economic law, procedural law, etc.

Post 1978 reforms: law based governance

Legal reform according to Deng Xiaoping in 1978 To institutionalise the people’s democracy Strengthen legal institutions: procuratorate and courts

There must be laws to go by, Laws must be observed, Laws must be strictly enforced, Violators must be brought to book

Party must be governed by rules, discipline Discipline Inspection Committee

Role of law in modernisation

To underpin the success of economic reform and modernisation

Law as a way to legitimate the exercise of state power/ Party leadership

Rule by law to rule of law- law as a mode of governance, constraining state power, protecting individual rights

In 1979 China promulgated a series of new statutes that included the country's first criminal law, the first  criminal procedures law, and updated laws on courts and procuratorates. The police could not make arrested without procuratorate approval.

Among the laws approved by the Second Session of the Fifth National People's Congress to take effect January 1, 1980, was the Organic Law of the Local People's Congresses and the Local People's Governments.

The revolutionary committees, which had assumed judicial authority in the Cultural Revolution, were eliminated; their authority was assumed by local people's governments, and judicial responsibility was returned to the courts.

Since 1979, when the drive to establish a functioning legal system began, more than 400 laws and regulations, most of them in the economic area, have been promulgated.

In drafting the new laws, the PRC has declined to copy any other legal system wholesale. Often laws are drafted on a trial basis, with the law being redrafted after several years.

sources :including traditional Chinese views \ the PRC's socialist background, the German-based law of the Republic of China on Taiwan, and the English-based common law used in Hong Kong

Legal reform became a government priority in the 1990s. The Chinese government has promoted a reform it often calls "legalisation" ( 法制化 ).

in the 1990s Administrative Procedural Law allows citizens to sue officials for abuse of authority or malfeasance. In addition, the  criminal law  and the criminal procedures laws were amended to introduce significant reforms. The criminal law amendments abolished the crime of "counter- revolutionary" .Criminal procedures reforms also encouraged establishment of a more transparent, adversarial trial process.

The PRC constitution and laws provide for fundamental human rights, including due process, but some have argued that they are often ignored in practice.

As a result of a pending trade war with the USA over violations of intellectual propertyrights of American corporations in the early 1990s, the People's Republic of China's trademark law has been modified and now offers significant protections to foreign trademark owners.

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 ( 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 and Paul, Weiss, Rifkind, Wharton & Garrison, along with several British firms, incorporated consulting firms in their home countries or Hong Kong and then set up subsidiaries in Beijing or Shanghai to provide legal services.

In the 2000s, the Weiquan movement 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 and their families have been ostracized and even tortured for their activities.

Hegel

The Philosophy of History

Among the Chinese all crimes — those committed against the laws of the Family relation, as well as against the State — :are punished externally. Sons who fail in paying due honor to their Father or Mother, younger brothers who are not sufficiently respectful to elder ones, are bastinadoed.

Means of improving China’s legal system 1. China have to further public’s understanding of the authority of law,democracy and human rights.

2. the judiciary should be independent from political pressure .

3. restrain( 抑制 ) corruption among public officials.

4. the legal profession is inadequate .

1 Three main branches of government : an impartial judiciary ( 司法 ) a democratic legislature ( 立法 ) an accountable executive ( 行政 )

judiciary: an organization used for prosecution and judging.

legislature: an organization used for setting down, revising and abolishing the laws. executive: an organization used for carrying out the laws. 2 Another important factor in “ruled by law” western society is

their belief in religion

Civil law legal system

大陆法系 / 罗马法系

Common law legal system

普通法系Statutory law

法国和德国为代表，还有瑞士、意大利、奥地利、比利时、卢森堡、荷兰、西班牙、葡萄牙、日本等

Case law

形成于英国，包括加拿大，澳大利亚，新西兰，爱尔兰，印度、巴基斯坦，马来西亚和新加坡，香港地区也采用英美法

The relationship of the rule of law and rule by morality in China

Rule of Law——to regulate the external behavior of people in the country

Rule by Morality——to influence inner idea, beliefs by generally acknowledged morals in the society

One cannot exist without the other

 there should be laws to observe

the laws should be observed 

the laws should be strictly enforced

law-breakers should be punished

The basic demand of constructing socialist legal system

②.Post 1978 Legal Reforms

The development of the current legal system dates from the late 1970s, after the end of the  Cultural Revolution.

After more than 30 years of endeavour, the P.R.China has established a rather complete legal system

Post 1978 reforms: law based governance

Legal reform according to Deng Xiaoping in 1978 To institutionalise the people’s democracy Pass laws: sooner more, trials in localities Strengthen legal institutions: procuratorate and courts

There must be laws to go by, Laws must be observed, Laws must be strictly enforced, Violators must be brought to book

Party must be governed by rules, discipline Discipline Inspection Committee

Role of law in modernisation

To underpin the success of economic reform and modernisation

Law as a way to legitimate the exercise of state power/ Party leadership

Rule by law to rule of law- law as a mode of governance, constraining state power, protecting individual rights

In 1979 China promulgated a series of new statutes that included the country's first criminal law, the first criminal procedure law, the Organic Law of the Local People's Congresses and the Local People's Governments and updated laws on courts and procuratorates. The police could not make arrested without procuratorate approval.

The revolutionary committees, which had assumed judicial authority in the Cultural Revolution period, were eliminated; their authority was assumed by local people's governments, and judicial responsibility was returned to the courts.

Since 1979, when the drive to establish a functioning legal system began, hundreds of laws and regulations, most of them in the economic area, have been promulgated.

In drafting the new laws, the PRC has declined to copy any other legal system wholesale. Often laws are drafted on a trial basis, with the law being redrafted after several years.

sources :

traditional Chinese views the PRC's socialist background the German-based law the English-based common law used in

Hong Kong

In the 1990s Administrative Procedural Law allows citizens to sue officials for abuse of authority or malfeasance. In addition, the  criminal law  and the criminal procedures laws were amended. The new criminal law abolished the crime of "counter- revolutionary" .Criminal procedures reforms also encouraged establishment of a more transparent, adversarial trial process.

The PRC constitution and laws provide for fundamental human rights, including due process, but some have argued that they are often ignored in practice.

As a result of a pending trade war with the USA over violations of intellectual property rights of American corporations in the early 1990s, the People's Republic of China's trademark law has been modified and now offers significant protections to foreign trademark owners.

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 ( 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 and Paul, Weiss, Rifkind, Wharton & Garrison, along with several British firms, incorporated consulting firms in their home countries or Hong Kong and then set up subsidiaries in Beijing or Shanghai to provide legal services.

In the 2000s, the Weiquan movement 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 and their families have been ostracized and even tortured for their activities.