Law-Making in the People’s Republic of China

Who are the legislators and what are the products of the legislative process in China? How does a law come into being? What meaning should we ascribe to these legislative products from the perspective of legal certainty? Can we recognise a Chinese approach to or style of law-making? What technical legislative problems have Chinese jurists identified and what sorts of solutions to them are being considered? These are the questions which this book attempts to solve. The volume opens with papers on the historical perspective of law-making, on ideology and law-making, and on a comparison between the PRC’s legal framework and the frameworks of other legal systems. Part two deals with various institutions and actors involved, and offers analyses of the National People’s Congress, the State Council, departmental rule-making, local law-making, law-making in autonomous regions, public participation, and the proposed law on law-making by academics. Part three offers three case studies, in which important areas of legal development are analyzed from a law-making point of view. The selected areas are administrative law, contract law, and criminal law.