Abstract
For a long time, there has been no authoritative answer to the question “How many currently valid laws are there in China?” According to Annex “Classified Catalog of Currently valid Laws of the People’s Republic of China” (hereinafter referred to as “White Book Catalog”) to the White Book for Rule by Law in China issued by the News Office of the State Council, by the beginning of 2008, there were 229 valid laws in China (including the Constitution).
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Notes
- 1.
According to the inquiry by the Writer, the stage authoritative statistic of decision quantity of laws and relevant legal issues passed by the National People’s Congress is published once only: “the Directory of Decisions of Laws and Relevant Legal Issues passed by the Eighth National People’s Congress and Its Standing Committee”, the Bulletin of the Standing Committee of the National People’s Congress, No. 1, 1998.
- 2.
Wu (2008).
- 3.
Wu (2011).
- 4.
See later analysis.
- 5.
Shen (2009).
- 6.
According to the preliminary observation by the Writer, some “decisions about relevant legal issues” of the National People’s Congress cannot be directly brought into the powers and duties specified in Article 67, the Constitution, and they can only be brought by the extensive interpretation.
- 7.
Wu (2011).
- 8.
Han and Wang (2005a).
- 9.
As previously mentioned, if it is presumed that the “White Book Catalog” matches the authoritative data published by the National People’s Congress, the Constitution should not be brought into the law, though this judgment does not leave material effects on the probe into the legal judgment standard in the following text.
- 10.
These laws includes: the 1949 Organization Law of Chinese People’s Political Consultative Conference, the 1949 Organization Law of Central People’s Government, the 1950 Marriage Law, the 1950 Agrarian Reform Act, the 1953 Electoral Law of the National People’s Congress and Local People’s Congresses, the 1954 Electoral Law of the National People’s Congress, the 1954 Organization Law of Local People’s Congresses and Local People’s Commission, the 1954 Organization Law of State Council, the 1954 Organization Law of People’s Court, the 1954 Organization Law of People’s Procuratorates and the 1954 Military Service Law.
- 11.
The General Principles of Civil Law, the Regulations on Household Registration, the Regulations on Academic Degrees, the Interim Measures of the State Council for Retirement and Resignation of Workers, the Resolution of Standing Committee of National People’s Congress on Approval of the Provisions of State Council on Treatment of Family Visits of Workers and Staff Members, etc.
- 12.
The Measures for Election of Deputies from Chinese People’s Liberation Army to National People’s Congress and Local People’s Congresses at or Above County Level, the Several Provisions of Standing Committee of National People’s Congress on Direct Election of Delegates of People’s Congress below County Level, the Rules of Procedure of Standing Committee of National People’s Congress, the Rules of Procedure for the NPC, etc.
- 13.
Therefore, some scholars determine the normative documents as the laws without exception, but the Writer does not approve of it. Refer to Han and Wang (2005b).
- 14.
Li and Zheng (2004).
- 15.
Therefore, some scholars affirm the normative documents promulgated by the National People’s Congress and its Standing Committee as the laws without exception, the Writer does not approve of it. Refer to Han and Wang (2005b).
- 16.
In the constitutional practice of China, the form of exercising the powers and duties of “law publishing” by the order of President also includes the publishing of law amendment and abolishment.
- 17.
Due to the historical causes, in fact, no state President existed from 1966 to 1975 in China. However, the legislative body during this period did not pass any legal document either. Therefore, the discussed content and conclusion in this paper are not affected.
- 18.
Li and Zheng (2004).
- 19.
See Wang (2010).
- 20.
Subject to Paragraph 1, Article 4, the Regulations on Formulation Procedures of Administrative Laws and Regulations: “generally, the name of administrative laws and regulations is called “regulation”, and it may also be called ‘provision’, ‘measure’ and the like. The administrative laws and regulations formulated by the State Council based on the authorization decision of the National People’s Congress and its Standing Committee are called ‘interim regulations’ or ‘interim provisions’.
- 21.
Five partially valid laws are as follows: the Decision of the Standing Committee of the National People’s Congress on Punishing the Criminal Offenders Who Are Engaged in the Smuggling, Production, Sales and Spread of Obscene Goods, the Decision of the Standing Committee of the National People’s Congress on Severely Punishing the Criminal Offenders Who Are Engaged in the Abduction and Kidnapping of Women and Children, the Decision of the Standing Committee of the National People’s Congress on Prohibiting the Prostitution and Whoring, the Decision of the Standing Committee of the National People’s Congress on Punishing the Crime of Destroying the Financial Order, and the Decision of the Standing Committee of the National People’s Congress on Punishing the Crime of False Issuance, Fabrication and Illegal Sales of Special Invoice for Value-added Tax.
- 22.
Professor Cai Dingjian thinks that such decision belongs to the decision of interpretation, modification and supplement of law. Refer to Cai (2003, p. 320).
- 23.
Per the promulgation time sequence: the Trade Union Law (1950), the Regulations on Organization of Urban Sub-district Office (1954), the Regulations on Organization of Police Posts (1954), the Regulations on Organization of Urban Neighborhood Committee (1954), the Regulations on Application by Overseas Chinese for Use of State-owned Barren Hills and Wastelands (1955), the Regulations on People’s Police (1957), the Resolution of Standing Committee of National People’s Congress on Approval of the Interim Provisions of the State Council for Reward and Punishment of Workers of State Administrative Organs (1957), the Regulations on Agricultural Tax (1958), the Resolution of Standing Committee of National People’s Congress on Approval of the Draft of the Regulations on Industrial and Commercial Consolidated Tax of the People’s Republic of China (1958), the Resolution of Standing Committee of National People’s Congress on Approval of the Regulations on Service of Cadres of the Chinese People’s Liberation Army (1978).
- 24.
Seven special resolutions are as follows: the Resolution of Standing Committee of National People’s Congress on Approval of Labor Education Issue of the State Council (August 1, 1957), the Resolution of Standing Committee of National People’s Congress on Approval of the Interim Measures of State Council on Resettlement of Sick and Elderly Cadres (May 24, 1978), the Resolution of Standing Committee of National People’s Congress on Approval of the Interim Measures of the State Council for Retirement and Resignation of Workers (May 24, 1978), the Resolution of Standing Committee of National People’s Congress on Approval of Supplemental Provisions for Labor Education of the State Council (November 29, 1979), the Resolution of Standing Committee of National People’s Congress on Approval of the Regulations on Guangdong Special Economic Zone (August 26, 1980), the Resolution of Standing Committee of National People’s Congress on Approval of the Interim Provisions of State Council on Discharge and Recuperation of Veteran Cadres (September 29, 1980), the Resolution of Standing Committee of National People’s Congress on Approval of the Provisions of State Council on Treatment of Family Visits of Workers and Staff Members (March 6, 1981).
- 25.
According to the analysis above, the Declaration of Government of the People’s Republic of China on Territorial Sea should be affirmed as a decree. However, it is listed by the Basic Law of Hong Kong Special Administrative Region as the “national law”. Besides, it is published through the order of President of China. Therefore, from the effective date of the Basic Law of Hong Kong Special Administrative Region, namely, July 1, 1990, it is converted into the law.
- 26.
Per the initial promulgation time sequence: the Resolution on National Capital, Annals, National Anthem, National Flag of the People’s Republic of China (1949), the Resolution on National Day of the People’s Republic of China (1949), the Order of Central People’s Government for Issuance of National Emblem of the People’s Republic of China (attached: pattern, instruction and using method of national emblem) (1950), the Resolution of Standing Committee of National People’s Congress on Approval of the Declaration of Government of the People’s Republic of China on Territorial Sea (1958), the Decision of the Standing Committee of the National People’s Congress on Punishing the Criminal Offenders Who Are Engaged in the Smuggling, Production, Sales and Spread of Obscene Goods (1990), the Decision of the Standing Committee of the National People’s Congress on Severely Punishing the Criminal Offenders Who Are Engaged in the Abduction and Kidnapping of Women and Children (1991), the Decision of the Standing Committee of the National People’s Congress on Prohibiting the Prostitution and Whoring (1991), the Decision of the Standing Committee of the National People’s Congress on Punishing the Crime of Destroying the Financial Order (1995), the Decision of the Standing Committee of the National People’s Congress on Punishing the Crime of False Issuance, Fabrication and Illegal Sales of Special Invoice for Value-added Tax (1995) and the Decision of Standing Committee of National People’s Congress on Punishing Crimes of Fraudulently Purchasing, Evading and Illegally Trading in Foreign Exchange (1998).
- 27.
Per the initial promulgation time sequence: the Resolution of Standing Committee of National People’s Congress on Approval of Labor Education Issue of the State Council (1957), the Resolution of Standing Committee of National People’s Congress on Approval of the Interim Measures of the State Council for Retirement and Resignation of Workers (1978), the Resolution of Standing Committee of National People’s Congress on Approval of the Interim Measures of State Council on Resettlement of Sick and Elderly Cadres (1978), the Resolution of Standing Committee of National People’s Congress on Approval of Supplemental Provisions for Labor Education of the State Council (1979), the Resolution of Standing Committee of National People’s Congress on Approval of the Interim Provisions of State Council on Discharge and Recuperation of Veteran Cadres (1980), the Resolution of Standing Committee of National People’s Congress on Approval of the Regulations on Guangdong Special Economic Zone (1980), the Resolution of Standing Committee of National People’s Congress on Approval of the Provisions of State Council on Treatment of Family Visits of Workers and Staff Members (1981), the Several Provisions of Standing Committee of National People’s Congress on Direct Election of Delegates of People’s Congress below County Level (1983), the Decision of Standing Committee of National People’s Congress on Exercise of Criminal Jurisdiction on Crimes Provided in International Treaties Concluded or Participated in by the People’s Republic of China (1987), the Decision of Standing Committee of National People’s Congress on Approving the Provisions of Central Military Commission on Granting Meritorious Service Medal of Chinese People’s Liberation Army to Retired Military Officers (1988).
- 28.
See Cai (2003, p. 324).
- 29.
Subject to the Decision of Standing Committee of National People’s Congress on Abolishment of Relevant Legal Provisions for Labor Education passed at the sixth meeting of the Standing Committee of the 12th National People’s Congress on December 28, 2013, the Resolution of Standing Committee of National People’s Congress on Approval of Labor Education Issue of the State Council and the Resolution of Standing Committee of National People’s Congress on Approval of Supplemental Provisions for Labor Education of the State Council were abolished.
- 30.
Cai (2006, p. 334).
- 31.
Cai (2003, p. 314).
- 32.
Cai (2003, p. 315).
- 33.
Xu Chongde, The History of Constitution of People’s Republic of China (Vol. 2), Fujian Renmin Press, pp. 392, 395.
- 34.
Peng (1982a).
- 35.
Peng (1982b).
- 36.
Xu Chongde, The History of Constitution of People’s Republic of China (Vol. 2), Fujian Renmin Press, p. 512.
- 37.
Cai (2006, p. 344).
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Wang, Z. (2020). Legal Background for the Compilation of Civil Code—How Many Currently Valid Laws Are There in China?. In: On the Constitutionality of Compiling a Civil Code of China. Springer, Singapore. https://doi.org/10.1007/978-981-13-7900-0_14
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