China's Legal System

China's Legal System - Chinas Legal System Long, Huan Qi,...

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China’s Legal System Long, Huan Qi, Jiuju Qiu, feifei Gu Ming Liu, Zhiguo Xu, Ye Liu, Bin
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Contents Source The Legislative Branch The Executive Branch The Judicial Branch Brief Introduction of Law Constitution Business Law Civil Law & Criminal Law
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Source of China’s law Chinese law is one of the oldest legal traditions in the world legal system has been based on the Confucian philosophy of social control through moral education, as well as the Legalist emphasis on codified law and criminal sanction. Following the Revolution of 1911, the Republic of China adopted a largely Western-style legal code in the civil law tradition (specifically German-influenced). The establishment of the People's Republic of China in 1949 brought with it a more Soviet-influenced system of socialist law However, earlier traditions from Chinese history have retained their influence, even to the present.
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Source of China’s law Separate legal traditions and system of mainland China, Hong Kong, and Macau The PRC’s legal system is largely a civil law system, reflecting the influence of continental European legal systems, especially the German civil law system in the 19th and early 20th centuries. Hong Kong still retains the common law system inherited as a former British colony, and Macau employs a legal system based on that of Portuguese civil law.(One Country, Two systems) Hong Kong and Macau are outside of the legal jurisdiction of China, except on constitutional issues .
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The National People’s Congress The NPC is the highest organ of state power and exercises the legislative power of the state. It is the highest state body and the only legislative house in China. The NPC consisted of about 3000 delegates who are elected for five- year terms via a multi-tiered representative electoral system. The NPC includes a Standing Committee(NPCSC) that is the permanent office of the NPC. Its legislation is of the highest level next to that of the NPC.
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The National People’s Congress The drafting process of NPC legislation is governed by the Organic Law of the NPC(1982) and the NPC Procedural Rules(1989). It begins with a small group, often of outside experts, who being a draft. This draft is considered by larger groups, with an attempt made to maintain consensus at each step of the process. The full NPC or NPCSC meets to consider the legislation. Minor wording changes to the draft are often made at this stage The process ends with a formal vote by the Standing Committee of the NPC or by the NPC in a plenary session.
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The National People’s Congress The NPC exercises the following functions and powers: To amend and enforce the Constitution, basic statutes concerning criminal offences, civil affairs, the state organs and other matters; To elect the President of China and approve the appointment of the Premier of the State Council as well as approve the work reports of top official;
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This note was uploaded on 11/22/2011 for the course BUS 401 taught by Professor Terrywilson during the Spring '11 term at Solano Community College.

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China's Legal System - Chinas Legal System Long, Huan Qi,...

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