Tuesday, November 08, 2011

Government White Paper: The Socialist Legal System With Chinese Characteristics

China
Just published to the Internet in English,  The Socialist Legal System With Chinese Characteristics, put out by the Information Office of the State Council of the People's Republic of China, on October 27, 2011. 
  (11030301.jpg, sinoperi.com)

The announcement, published to China.org explained:

The Chinese government issued a white paper on the socialist legal system with Chinese characteristics Thursday.
Released by the State Council Information Office, the white paper introduces the establishment, components and features of the socialist system of laws and hails the establishment of the system as an important milestone in China's development of socialist democracy and the legal system.
Governing China by law and building a socialist country under the rule of law is a fundamental principle for the Communist Party of China, says the white paper.
"A socialist legal system with Chinese characteristics has been solidly put into place," the white paper says. "It is an important milestone in China's development of socialist democracy and the legal system, and showcases the great achievements of reform, opening up and the socialist modernization drive."
The socialist legal system of laws with Chinese characteristics, which is based on the conditions and reality of China, meets the needs of reform, opening up and the socialist modernization drive, and reflects the will of the Communist Party of China(CPC) and the Chinese people, has been put in place by the end of 2010, says the white paper, titled "the Socialist System of Laws with Chinese Characteristics."
According to the white paper, the system is an organic integration of the related laws of the Constitution, civil and commercial laws, administrative laws, economic laws, social laws, criminal laws, litigation and non-litigation procedural laws and other legal branches.
As of August 2011, the Chinese legislature had enacted 240 effective laws including the current Constitution, 706 administrative regulations, and over 8,600 local regulations, according to the white paper. (From China issues white paper on socialist legal system, China.org.cn, Oct. 27, 2011)


(China to Put More Emphasis on Law Enforcement, National People's Congress of the People's Republic of China, March 11, 2011)  (Li Fei, deputy director of the Legislative Affairs Commission of the National People's Congress (NPC) Standing Committee, attends a press conference of the Fourth Session of the 11th National People's Congress (NPC) on the formation and perfection of Socialist legal system with Chinese characteristics in Beijing, capital of China, March 10, 2011. (NPC/Luo Rong))


Here are the links to the contents of the White Paper:


Here is the Foreward:

Foreword
Governing the country by law and building a socialist country under the rule of law is a fundamental principle for the Communist Party of China (CPC) to lead the people and effectively govern the country. We need to bring into being a socialist system of laws with Chinese characteristics so as to ensure there are laws to abide by for the carrying on of state affairs and social life; this is a precondition and foundation for us to implement the fundamental principle of the rule of law in all respects, and an institutional guarantee for China's development and progress.
In 1949 the People's Republic of China was founded, marking the great transition from the centuries-old dictatorial system of feudalism to the system of people's democracy, putting an end to the period of semi-colonialism and semi-feudalism in China, and enabling the people to become masters of the country, society and their own life. For over 62 years, particularly since the policy of reform and opening up was adopted in 1978, the CPC has led the Chinese people in making the Constitution and laws. With concerted and unremitting efforts, by the end of 2010 we had put in place a socialist system of laws with Chinese characteristics, which is based on the conditions and reality of China, meets the needs of reform, opening up and the socialist modernization drive, and reflects the will of the CPC and the Chinese people. This legal system, headed by the Constitution, with laws related to the Constitution, civil and commercial laws and several other branches as the mainstay, and consisting of laws, administrative regulations, local regulations and other tiers of legal provisions, ensures that there are laws to abide by in economic, political, cultural and social development, as well as in ecological civilization building.
The socialist system of laws with Chinese characteristics is a legal foundation for socialism with Chinese characteristics to retain its nature, a legal reflection of the innovative practice of socialism with Chinese characteristics, and a legal guarantee for the prosperity of socialism with Chinese characteristics. Its establishment is an important milestone in China's development of socialist democracy and the legal system, and showcases the great achievements of reform, opening up and the socialist modernization drive. It is of great realistic and far-reaching historic significance.
 My own commentary and analysis will follow.  I note, preliminarily, that this effort comes with much build up.  See, e.g.,  NPC press conference on formation of socialist legal system with Chinese characteristics, Xinhua, March 10, 2011.  It might be useful to read, Wu Bangguo, The Socialist Legal System with Chinese Characteristics, Qiushi 3:5-11 (2011).

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