Analysis of the Chinese Parliamentary System and Sources of Law

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Business Law and International
Context
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Table of Contents
Introduction......................................................................................................................................3
The parliamentary system in China.............................................................................................3
Sources of law in China and the laws come.................................................................................3
References........................................................................................................................................6
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Introduction
Business law assists business organizations to acknowledge the rules and regulation that are
enacted by the government. It is important that the business abides by the laws that are
applicable to the business for their success and growth. In this report, there is a detailed
discussion on the system of Parliament in China and also depicts different sources of law. This
report depicts the system of the court structure that prevails in China. Further, it includes a
comparison of the legal system that is prevailing in different countries. It also includes the
explanation regarding the Rule of law concepts and its strengths of China in detail.
The parliamentary system in China
People’s Republic of China legal system is defined by the government of China as a Socialist
legal system and the National People’s Congress is the legislature of the nation. It is the largest
body of the parliament consists of 2,980 members as per the numerical data of 2018. Its main
function is to make an amendment in the constitution and oversee the amendments. It also assists
in determine the issues of the State and also assists in electing the members of the organs of
Central State. The model of the legal system of China is based on the Civil Law model and the
People’s Republic of China consist of the highest constitution (Chow, 2017). The Socialist legal
system of China is developed and formed with the characteristics of China are companionable
with the conditions of the nation at the commencing stage of socialism, the process of revolution
of the socialist, reform, economy opening up and the construction assist in development of the
forces of China and implement the changes in the base of economy.
The important strategy of the Chinese Communist Party is to govern the country as per the law
rule. The legal system of China is formed with the assistance of the Chinese characteristics by
fulfilling all the aspect of the country and also ensures that the basis of the role of the law is
implemented and followed for the development and growth of the nation.
With modernization and reforms, it provides motivation for the construction and development of
the legal system of China and also assists in providing experience (Persson & Tabellini, 2016).
The important reform in this regard is that there is more efforts are made for the development of
the economic society for improving the legal system of China.
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The Socialist legal system of China covers all the Chinese characteristics which cover all the
seven laws includes civil and commercial law, social law, the Constitution, procedural law,
economic law, and procedural law.
Sources of law in China and the laws come
In China, the sources of law are categories in various sources that are mentioned below:
Statutory laws
The standing Committee and National People’s Congress (NPC) enforces the Laws (fa lü) comes
from the Gazette that is passed by the Standing Committee of the NPC (Liu, 2015).
The standing Committee and local People’s Congress is responsible for the enforcement of the
Local Regulations (di fang fa güi). These laws come from Gazette passed by the Standing
Committee.
Administrative Regulations (di fang fa güi) enforced by the Council of State where these laws
come from the Gazette passed by the State Council.
Administrative Rules (xingzheng güizhang) includes the local rules which are enacted by the
local governments. Further, the departmental rules (bumen güizhang) are enforced by the State
Council ministries and commissions, the office of Auditing, the People’s Bank of China and also
includes another department poises the administrative obligations. These laws come from
Gazette passed by the government of the local people.
Military Regulations are the regulations that are enacted by the Central Military Commission as
per the laws and Constitutions and the Rules of Military which is enforced by the authorities at
lower level military within the duties and powers (Wuthnow & Saunders, 2017). These laws
come from the newspapers of the military.
Judicial interpretation
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The interpretation of the Judiciary is not enforced in China. To bear the authority for the issue of
Judicial Interpretation (sifa jieshi) is under the Supreme People’s Court which assists in
providing the guidelines to conduct the trials that are enforced at a national level.
Treaties
To enter into the documents to be legally effective the China entered into treaties (sifa jieshi).
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References
 Chow, G. C. (2017). Capital formation and economic growth in China (pp. 1186-1221).
BRILL.
 Liu, K. (2015). Comparative Study of Regulating the Moral Harassment: Lessons for
China. Occupational Medicine & Health Affairs.
 Persson, T., & Tabellini, G. (2016). Political economics. MIT press.
 Wuthnow, J., & Saunders, P. C. (2017). Chinese Military Reform in the Age of Xi
Jinping: Drivers, Challenges, and Implications. Government Printing Office.
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