Abstract
It is a common phenomenon in the legal life of China for the administrative legislation to adjust civil legal relation.
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Notes
- 1.
Hu (2006, 57).
- 2.
Cui and Yu (2002, 249–255).
- 3.
Yang (2002, 5).
- 4.
Hu (2006, 57), 59.
- 5.
Article 87 and 88 of the Law on Legislation of the People’s Republic of China.
- 6.
Cao (2004, 177–179).
- 7.
Qiao (2000, 277).
- 8.
Hu (2006, 57, 59).
- 9.
The State Council issued the Regulation on the Handling of Medical Accidents on April 4, 2002, and this regulation has been implemented since September 1, 2002. The Interpretation of the Supreme People’s Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury has been issued on December 26, 2003, and its compensation standard is different with the standard in the Regulation on the Handling of Medical Accidents. Judge Chen Xianjie believes that the compensation standards and calculating method in the judicial interpretation [2003] No. 20 can be generally applied to the compensation for personal injury, but there are certain laws and regulations, such as the Civil Aviation Law of the People’s Republic of China and the Regulation on the Handling of Medical Accidents, make certain provisions for special compensation, and these special provisions shall be applied prior.
- 10.
Wang Hanbin, the Vice President of Standing Committee of the National People’s Congress and Director of Legal Affair Commission, points out that “there are still different opinions on whether the regulations can be used as legal basis by people’s court on dealing with administrative cases. We believe that the status and effectiveness of regulations are different with laws, and certain regulations are even questionable. Therefore, the draft of the administrative procedure law stipulates that the regulation can only be the references for the people’s court to dealing with cases.”
- 11.
- 12.
Cao (2004, 177–179), 452.
- 13.
Yuan and Sun (2007).
- 14.
Gu (2006).
- 15.
Cui and Yu (2002, 249–255), 270–272.
- 16.
Zhang (2006, 516).
References
Cao HJ (2004) The comparison of lawmaking system between china and other jurisdictions, The Commercial Press, pp 177–179
Cui ZL, Yu LS (2002) On administrative regulations, Jilin Mass Press, pp 249–255
Gu RZ (2006) The speech of Chen Xunru at the fourth session of the 10th Cppcc National Committee, Xinhua Net
Guo MR (ed) (2003) Civil law, Higher Education Press, p 20
Hu JG (ed) (2006) Monographic study on administrative law, 2nd edn. China Renmin University Press, p 57
Long WQ (2002) General princples of civil law, China Legal Publishing House, pp 34–35
Qiao XY (ed) (2000) The speech of legislation law, China Democracy and Law Press, p 277
Wang LM (2003) On the general principles Pf civil law, China Renmin University Press, pp 57–58
Yang YL (2002) General introduction on civil law, China University of Political Science and Law Press, p 5
Yuan Y, Sun YQ (2007) The working meeting of cleaning the administrative laws and regulations has been held in Haerbin, Heilongjiang Economic Daily
Zhang WX (2006) On the western legal philosophical thoughts in the twenty century, The Law Press, p 516
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Zhang, X. (2018). Inappropriateness of the Stipulation of Specific Tort Liability in Administrative Regulations. In: Legislation of Tort Liability Law in China. Springer, Singapore. https://doi.org/10.1007/978-981-10-6961-1_22
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