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Chinese Business Law

Structure of the Government and Law

Structure of Chinese Government

Constitution of the People's Republic of China* (as amended at the First Session of the 13th National People's Congress of the People's Republic of China on March 11, 2018):

Chapter III The Structure of the State

  • Section 1 The National People's Congress (and its Standing Committee)
  • Section 2 The President of the People's Republic of China
  • Section 3 The State Council
  • Section 4 The Central Military Commission
  • Section 5 The Local People's Congresses and Local People's Governments at Various Levels
  • Section 6 The Organs of Self-Government of National Autonomous Areas
  • Section 7 The Supervision Commissions
  • Section 8 The People's Courts and the People's Procuratorates

Structure of Law

Legislation Law of the People's Republic of China*as amended by the third Session of the 12th National People's Congress of the People's Republic of China on March 15, 2015):

  • Chapter II Laws (created by the National People's Party and its Standing Committee which hold the legislative power of the State)
  • Chapter II Section 4 Legal Interpretations of laws (created by the Standing Committee of the NPC)
  • Chapter III Administrative Regulations (created by the State council in accordance with the Constitution (see Article 89) and laws)
  • Chapter IV Local Regulations, Autonomous Regulations and Separate Regulations (created by people's congresses or their standing committees of the provinces, autonomous regions and municipalities directly under the Central Government
  • Chapter IV Section 2 Rules (created by the ministries and commissions of the State Council, the People's Bank of China, the State Audit Administration as well as the other organs endowed with administrative functions directly under the State Council)

The hierarchy of the laws of China is set-out in Chapter V: Application and Record-filling Review.

 

*Links are to Westlaw China (to access Westlaw China you must be logged into the Case Network VPN.)

Overview Offical of Sources of Law

According to the 2015 amendment to the Law on Legislation will be officially published on the NPC website and regulations and rules will be published on the Chinese Government Legal Information Network.

NPC website [EN]

Chinese Government Legal Information Network [unable to find]

For more information about these websites in English see:

Other informative blog posts by Zhang: