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China Legal Research Guide : Government and Political Structure

Government, Political Structure and Legal System

China is a unitary socialist state led by the Communist Party of China (CPC), which sets national strategy and supervises every branch of government:

  • National People's Congress (NPC): The highest legislative body. It amends the Constitution, passes laws, and elects key state leaders. Year‑round duties fall to its Standing Committee.

  • State Council: The executive branch, led by the Premier, drafts policy, issues administrative regulations, and manages ministries.

  • President: Largely ceremonial head of state who promulgates laws and represents China abroad; the office is typically held by the CPC General Secretary.

  • Supreme People's Court (SPC): Highest court; ensures uniform application of law (see Legal System, below).

  • Local Governments: Provinces, autonomous regions, and municipalities implement national policy and issue sub‑national regulations under central guidance.

Legal System

China follows a civil law model that emphasizes written rules over judicial precedent.
The Sources of law are: 

  1. Constitution – the highest legal authority.

  2. National statutes – broad codes and laws adopted by the National People's Congress or its Standing Committee (e.g., Civil Code, Criminal Law).

  3. Administrative rules – detailed regulations issued by the State Council and ministries to implement those statutes.

  4. Local regulations and normative documents – created by provincial and municipal authorities, valid only if consistent with higher-level laws.

For detail on the structure of the court system, see the Caselaw section of this guide.

 

 

 

 

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