Questions on China Commercial Law

2008-06-26 7:37 am
Would anybody be able to identify and explain briefly the sources of law in the People's Republic of China?

回答 (1)

2008-06-28 12:13 am
✔ 最佳答案
I go to : http://law.wustl.edu/Library/index.asp?id=1368
. Sources of Chinese Law
A. Legislatures
1) The National People's Congress
2) The State Council
3) Local People's Governments
B. Interpretation of Laws
1) The Standing Committee of the National People's Congress, "legislative interpretation" (lifa jieshi)
2) The Supreme People's Court and the Supreme People's Procuratorate, "judicial interpretation" (sifa jieshi)
3) The State Council and the competent department, "administrative interpretation" (xingzheng jieshi)
4) The standing committees of the people's congresses of the provinces, autonomous regions, and municipalities
In practice, the NPC Standing Committee has not thus far issued any particular document interpreting a specific point of law, but the Supreme People's Court, the Supreme People's Procuratorates and the State Council and its ministries have often issued documents of this nature.
C. Case Law
The current Chinese legal system does not formally recognize cases or judicial precedents as a source of law. However, in practice, cases are often cited as persuasive authority and some courts follow judicial precedents to decide issues when statutes are vague.
II. Primary Sources
A. Statutory Law


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