According to conventional wisdom in the West, China had few formal laws before the 20th century, and what did exist was mostly criminal in nature. Indeed, this characterization distorts the breadth and sophistication of law and legal institutions in pre-20th century China. It invokes contempt for legality in general, obsession with punishment and fails to recognize both the various premises that have shaped Chinese law and the various roles it has played in Chinese society. One of the most commonly used expressions in China today, by jurists and politicians, is fǎzhì (法治). Fǎzhì can be translated into English as «rule of law,» but the question has often been raised as to whether China`s rulers mean «rule of law,» meaning the instrumental application of laws by rulers to facilitate social control and impose sanctions in the sense of the legalistic tradition. [22] The related concepts of yīfǎ zhìguó (依法治国: «to govern the nation according to the rule of law») and jiànshè shèhuì zhǔyì fǎzhì guójiā (建设社会主义法制国家: «building a socialist rule of law») have been part of the official policy of the Chinese Communist Party since the mid-1990s. In 1999, the NPC adopted an amendment to the Chinese Constitution that incorporated both concepts into Article 5. Although Confucianism and legalism were developed at a time of turmoil and both aimed at the reunification of the country, the two theories went in opposite directions, one for and the other against the application of formal laws to achieve social order. What the two theories have in common is their concession of ultimate authority to the sovereign who has remained above li, or law. It is true that none of these theories is ideal for achieving social order. Nevertheless, both theories significantly influenced cultural and legal development in China, and their influence is still visible today. For the full text of Chinese laws, please click on the list of Chinese laws. The AFN also includes a Standing Committee, which operates in the same manner as the AFN when the AFN is not in session.

Although the Standing Committee has had some powers since 1955, its legislative powers were originally provided for in the 1982 Constitution. The AFN sits at the highest level of the hierarchy of the government structure in the PRC. This national level is followed in descending order by the provincial level (including autonomous regions and municipalities directly below the national level), the prefectural level, the departmental level and the municipal and municipal level. The members of the government at the two lower levels are directly elected and those at the higher levels are elected by the lower levels. In addition to the NPC, provincial people`s congresses have legislative power and can pass laws as long as they do not violate the Constitution or superior laws or administrative regulations. With regard to civil and commercial law, China has enacted laws concerning property and personal relations between persons with equal status in society. These are mainly the general principles of civil law, contract law, warranty law, auction law, trademark law, patent law, copyright, matrimonial law, inheritance law and adoption law. China has also enacted laws on commercial relations between sole proprietorships with equal status in society: in particular, the Companies Law, the Law on Partnerships, the Law on Individual Investor Enterprises, the Law on Securities, the Law on Insurance, the Law on Negotiable Instruments, the Commercial Banks Act, the Law of the Sea and the Law of Confidence. The version of the Internet available in China does not provide access to any type of sexual content.

In fact, possession of any type of adult equipment is punishable by up to three years in prison. With regard to the Constitution and constitutional laws, in addition to the adoption of the current Constitution and its four amendments, China has also promulgated the electoral law, the law on NPC deputies and local people`s congresses, as well as a number of organic laws for state organs, the legislative law, the Supervision Act and other laws relating to State bodies. China has also enacted laws on regional ethnic self-government systems, special administrative regions and mass self-government at the primary level, including the Law on Autonomy of Ethnic Minority Areas, the Basic Law of the Hong Kong Special Administrative Region, the Basic Law of the Macao Special Administrative Region, the Organic Law of Village Committees, and the Organic Law of Urban Neighborhood Committees. The Constitution and laws of the PRC contain principles for fundamental human rights, but there is general agreement, even among government officials, that many of these rights are not fully implemented in principle. However, there is considerable disagreement on which rights require the most attention and how the PRC should address these shortcomings. In particular, the Chinese government tends to argue that substantial improvements in China`s human rights record can be achieved in the context of the leadership of the Chinese Communist Party, while many in China and outside the government argue that any real improvement is impossible without fundamental changes in the political system. (See Human rights in the People`s Republic of China) Unlike Confucius` li-based theory, legalism advocates the application of codified laws and harsh punishments to achieve social order. This is due to the belief of legalists that all people are born evil and selfish. Therefore, if people were not restrained, they would engage in selfish behavior that would undoubtedly lead to social unrest. To remedy this loophole and force people to behave morally, the legalists believed, the only way is to enact publicly clearly written laws and impose harsh penalties. It is believed that the introduction and translation of Western legal texts into Chinese began under the auspices of Lin Zexu in 1839.

A more systematic introduction of Western law with other Western sciences began with the founding of Tongwen Guan in 1862. The great efforts to translate Western law, which lasted until the 1920s, prepared the building blocks of modern Chinese legal language and Chinese law. [10] Legal translation was very important from 1896 to 1936, when the Chinese absorbed and codified their version of Western laws. These efforts were supported by Japanese legal language and law, which was developed in Japan during the Meiji era and included much of the Japanese translations of continental European laws. Unlike some civil courts such as Germany, China does not systematically establish in its constitution general principles that all administrative rules and regulations must follow. Rather, the principles of legislation, as well as the validity and primacy of laws, rules and administrative regulations, are enumerated in the legislative law, constitutional provisions, basic laws and laws promulgated by the National People`s Congress and its Standing Committee, decrees of the State Council and its departments, local laws and regulations, autonomous zoning ordinances, legal explanations and treaty norms are theoretically adopted immediately after the Promulgation has been incorporated into national legislation. Recognizing that the capabilities of leaders are often limited and that relying on the abilities and judgment of the ruler often leads to negative outcomes, legalists have designed a system in which the law is administered by the state rather than the ruler. This ensures that laws are applied impartially, without the interference of personal bias on the part of the ruler or those responsible for enforcing the laws. It also makes irrelevant the fact that the leader has superior abilities. This non-action, promoted by legalists, is their understanding of the concept of Wuwei, which is different from the Confucians` understanding of the same concept. The PLA also provides that only laws passed by the National People`s Congress or its Standing Committee, administrative regulations issued by the State Council, and local regulations adopted by local people`s congresses may impose administrative approval requirements. Individual departments or agencies (central or local) do not have such powers, except in certain circumstances.

This is in line with the hierarchy of laws and regulations provided for in the legislative law of the PRC. The adoption of the PLA is an encouraging step forward. [27] In the area of social law, China has enacted laws on labour relations and worker protection, including the Labour Law, the Trade Union Law, and the Mining Safety Law. China has also enacted laws to protect particular groups in society, including the Law on the Safety of Persons with Disabilities, the Law on the Protection of Minors, the Law on the Protection of Women`s Rights and Interests, and the Law on the Protection of the Rights and Interests of the Elderly. I swear to faithfully fulfill the sacred mission of the legal workers under socialism with Chinese characteristics.