Law of the People's Republic of China
A civil law system subordinated to CCP leadership.
The Law of the People's Republic of China is a civil law system led by the Chinese Communist Party (CCP), with roots in the Great Qing Code and historical systems, and influenced by continental European legal systems, especially the German civil law system. Since the formation of the People's Republic in 1949, the legal system has lacked judicial independence and judicial review, as courts derive authority solely from the National People's Congress under a system of unified state power, with the CCP's Central Political and Legal Affairs Commission maintaining effective control over courts and personnel.
- Type
- Civil law system
- Governing body
- Chinese Communist Party (CCP)
- Primary source
- Constitution of the People's Republic of China
- Key legislation
- Legislation Law, Criminal Law, Civil Law
- Special regions
- Hong Kong and Macau maintain colonial-era legal systems
- Current era
- Reform and Opening Up (post-1978)
Lore & Background
During the Maoist period (1949–1978), the government held a hostile attitude toward formalized law, viewing it as constraining CCP power. Courts were closed, law schools shut down, and lawyers were forced to change professions or sent to the countryside. An attempt in the mid-1950s to import a Soviet-style socialist legal system was abandoned from the Anti-Rightist Campaign (1957–1959) through the end of the Cultural Revolution around 1976, leaving the PRC lacking most features of a formal legal system.
Reader's Guide
The legal system was reconstructed after 1979 under Deng Xiaoping's 'open door' policy, which treated law as a utilitarian tool to support economic growth. Proposals for a system of law independent of the CCP, raised at the 13th National Congress in 1987, were abandoned after the 1989 Tiananmen Square protests and massacre. Under Xi Jinping, the legal system has become further subordinated to the CCP, with the 2014 adoption of 'socialist rule of law with Chinese characteristics' emphasizing that political and legal organs must follow the CCP. The hierarchy of regulations is defined by the Legislation Law, with the Constitution at the top, followed by nationwide laws, administrative regulations, local decrees, and administrative and local rules. Unlike common law jurisdictions, there is no strict precedent or stare decisis, though lower courts attempt to follow Supreme People's Court interpretations.
Did You Know?
- On 4 September 1991, China passed the Law on Protection of Minors, building on earlier constitutional and legal provisions regarding children under 18.
- In 2008, the doctrine of the Three Supremes was introduced under Hu Jintao, mandating that judiciary subordinate written law to CCP interests.
- In 2019, Hangzhou established a pilot AI-based Internet Court to adjudicate ecommerce and internet-related intellectual property disputes.
- The primary laws on personal data security are the 2017 Cyber Security Law, the 2021 Data Security Law, and the 2021 Personal Information Protection Law.
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