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Chinese Contemporary Lawmaking: Reality and Problems

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Chinese Lawmaking: From Non-communicative to Communicative

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Abstract

I aim to introduce the reality and problems of contemporary Chinese lawmaking in this chapter. This chapter is the empirical background and starting point of my theory. It initiates my research interests on an argument for a communicative lawmaking mode. I will analyze why the current mode is not a communicative mode. I believe the ‘old’ mode is problematic in softening the tension between the ‘inside’ and ‘outside’ of the legislature. In this chapter, I will disclose realistic and theoretical problems that exist in Chinese lawmaking.

—The English word ‘cosmos’ came from Greek ‘kosmos’, which originally means ‘order’, in contrast with ‘chaos’. Cosmos was not only the result of stepping off chaos, but the process of transforming chaos to order. It was a verb also: kosmos means the action of lightening the darkness. Without light and order, cosmos did not exist.

Wendao Liang, ātma-grāha

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Notes

  1. 1.

    Bangguo Wu’s ‘Report on the Work of the Government about Administrative Regulations and Local Decrees’ made at the third session of the eleventh NPC, 09 March 2010. http://news.xinhuanet.com/politics/2010-03/09/content_13133496.htm; see also http://www.chinadaily.com.cn/zgzx/2009npc/2009-03/09/content_7556715.htm. Accessed 02 Feb 2012.

  2. 2.

    Numbers of laws and regulations, see the Legislative Affairs Work Committee of SCNPC ed. 2008. Statistics of Legislation of People’s Republic of China. 490–570. Beijing: Chinese Democracy and Rule of Law Publishing House.

  3. 3.

    Wenhua Liu. 1999. Economic Laws Are the Result of the Thought of Economic Reform. Juridical Science Journal 2:4–5.

  4. 4.

    Handong Wu ed. 2008. General Theories of Law. 384. Beijing: Beijing University Press.

  5. 5.

    Deng Xiaoping, the leader of the CPC after Mao’s age, served as the paramount leader of China from 1978 to the early 1990s. Deng was named as ‘the great designer’ or ‘the general designer’ of the economic and legal reform, see Wang Xiangping, Why did the International News Media named Deng Xiaoping the general designer of China, CCP’s news, http://news.xinhuanet.com/politics/2009-02/19/content_10847245.htm. Accessed 02 Feb 2012.

  6. 6.

    See Deng’s talks in http://cpc.people.com.cn/GB/69112/69113/69116/5396465.html. Accessed 02 Feb 2012. From 15th February to 22nd March 1991, Shanghai Liberation Daily published three editorials of Deng’s speech in Shanghai, and discussed Deng’s understanding of the essential differences between capitalism and socialism. Deng’s future speech in January and February of 1991 was published in Shenzhen Special Zone Daily and caused nationwide discussion on the economic reform.

  7. 7.

    Statistics of economic laws were analyzed based on Li Lin’s research, 60 Years Legislation of the New China, from http://www.iolaw.org.cn/showArticle.asp?id=2563. Accessed 02 Feb 2012.

  8. 8.

    Tang Lu Shu Yi is combined with the law (Tang Lu, the law of the Tang Dynasty) and the legal interpretations (Shu is the legal interpretations of the law, Yi is the explanations of Shu). The Tang Dynasty Code had 12 sections (Pian), 30 tomes and 502 items. Sections include: ‘the general rules’ (Ming Li, 57 items); the safety of the empire (Wei Jin, 33 items); the setup of national institutions and offices (Zhi Zhi, 59 items); residence and marriages (Hu Hun, 46 items); livestock stalls and storage of weaponry (Jiu Ku, 28 items); the master of the army and the construction of public works (Shan Xing, 24 items); theft and robbery (Ze Dao, 53 items); unlawful fights and litigant proceedings (Dou Song, 60 items); fraud and forgery (Zha Wei, 27 items); ‘other items’ (Za Lv, 62 items); the arrest of escaped criminals or soldiers (Bu Wang, 18 items); and the rules of trial and prison management (Duan Yu, 34 items).

  9. 9.

    Shude Cheng. 1927. Laws of Nine Dynasties. 3. Beijing: Zhonghua Book Company.

  10. 10.

    In contrast, the famous coetaneous code, Corpus Juris Civilis (529–534), was based primarily on private law.

  11. 11.

    Six Codes of Tang Dynasty (Tang Liu Dian). 1983. Beijing: Zhonghua Book Company.

  12. 12.

    Shude Cheng. 1927. Laws of Nine Dynasties. 3. Beijing: Zhonghua Book Company.

  13. 13.

    In this period, new laws were codified in a short period of time to adjust the urgent need to learn from the west and be strong: the Regius Constitutional Precis 1908 (the first constitutional law of China), the 19 Constitutional Credendum 1911, the Existing Criminal Law of the Qing Dynasty 1910 (it is actually a re-edition of the Code of the Qing Dynasty), the New Criminal Law of the Qing Dynasty 1911 (the first modern criminal law of China), the Draft of the Civil Law of the Qing Dynasty 1911 (using the German Civil Law as reference), the Draft of the Commercial Law 1908, the Law of the Framework of Da Li Yuan (the supreme court) 1906, and the Law of the Framework of the Court 1910 appeared successively. After the Qing Empire being rapidly overthrown by revolutionists because of the desperate diplomatic political situation of the time, another new legal system was instituted by the Nanjin Government in 1927, named as a six-law-system, which contained six major branches of law: constitutional law, criminal law, civil law, commercial law, civil procedure law, and the criminal procedure law. In less than 30 years, in 1949, the new government of the whole country announced the abolishment of the six codes made by the Nanjin Government.

  14. 14.

    Jun Feng. 2003. A Brief Summary of The Three Stages of Development of the Administrative Laws in China. selected from Yong Xia, Guangxing Zhang, Jun Feng, Mingyuan Wang and Yuzhang Wu, etc. The Report on the Development of Chinese Rule of Law. 2005. The General Report.10. Social Science Academic Press.

  15. 15.

    Jun Yu. 1999. The Introduction of the Cost-benefit Ratio of Law. Journal of Gansu Social Science 5:62–72. see also Chuntian Jiang. 2007. A Study on Contemporary Chinese Social Transformation and Legislative Transformation. 16. MA thesis of East China University of Political Science and Law.

  16. 16.

    Bin Wang. 1995. The Market Economic Legal System is Becoming Complete. Legal Daily, October 19.

  17. 17.

    In the last section of this chapter, cases will be analyzed to disclose conflicts between laws. An obvious example was that The Regulation Governing Building Demolition and Resettlement 2001 was in conflict with the Constitution and the Property Law of China 2007.

  18. 18.

    Laiqing Wang. 2010. The Rise and Decline of the First People’s Communes. Centuries Appearance 1:35.

  19. 19.

    Yi Xin. 2008. A Historic Examination of ‘Great Leap’ and People’s Commune. Hebei Academic Journal 28:74.

  20. 20.

    Ziying Fan and Lingjie Meng. 2006. New Explanations and Test to Sen’s Entitlements: Evidence from China. Economic Studies 8:104–113. see also Xin Zi Peng. 1987. Demographic Consequences of the Great Leap Forward in China’s Provinces. Population and Development Review 13: 639–670. see also Ashton, B., K. Hill, A. Pizza & R. Zeinz. 1984. Famine in China, 1958–1961. Population and Development Review 10:4. see also Yifu Lin, Fang Cai, and Zhou Li. 1994. The Chinese Miracle: The Development Strategy and Economic Reform. Shanghai: Sanlian publishing house..

  21. 21.

    Xiaoping Deng. 2001. Selected Words of Deng Xiaoping 3:155. Beijing: The People’s Publishing House.

  22. 22.

    Ibid.

  23. 23.

    See Deng’s speech in meeting with a delegation including senior American entrepreneurs organized by Time Inc. on 23 October 1985. Deng Xiaoping. Selected Words of Deng Xiaoping. 2001. 3:142. Beijing: The People’s Publishing House.

  24. 24.

    See Deng’s speech in his interview with Prime Minister David Lange of New Zealand on 28 March 1986. ibid.

  25. 25.

    See Deng’s talk in his visit at Tianjin during 19–21 of August 1986. Deng Xiaoping. 2001. Selected Words of Deng Xiaoping. Beijing: The People’s Publishing House.

  26. 26.

    See Deng’s speech in meeting with a delegation including senior American entrepreneurs organized by Time Inc. on 23 October 1985. Deng Xiaoping. 2001. Selected Words of Deng Xiaoping 3: 142. Beijing: The People’s Publishing House.

  27. 27.

    See Deng’s speech in his interview with Prime Minister David Lange of New Zealand on 28 March 1986. ibid.

  28. 28.

    Mengqing Lin. 2009. A Study of Deng Xiaoping’s Theory and the Practice of Common Prosperity. Academic Forum 3:5–8.

  29. 29.

    Chaohui Jiang. 2006. The Principle of Justice in A Socialistic Harmonious Society. Studies of Theories of Mao Zedong and Deng Xiaoping 3:41–46.

  30. 30.

    Zhenhua Zhang. 2004. A Study of Deng Xiaoping’s Theory. Journal of Xihua University 3:18–19.

  31. 31.

    Xiaoping Deng. 2001. Selected Words of Deng Xiaoping. 3:110–111. Beijing: the People’s Publishing House.

  32. 32.

    Statistics from Junhao Deng, Luesi Guo, and Deming Ou. 2005. Chinese Wealth Markets, on BCG official website: http://www.bcg.com.cn/cn/files/publications/reports_pdf/Wealth__Markets_China__Dec2005.pdf. Accessed 02 Feb 2012.

  33. 33.

    Statistics from China Merchants Bank and Bain & Company. The Report on Chinese Personal Wealth 2009. http://live.cmbchina.com/webpages/pfr2009/WealthReport.pdf. Accessed 02 Feb 2012.

  34. 34.

    Statistics from Hurun Luxury Business Portal report 2010. http://www.hurun.net/listreleasecn450.aspx. Accessed 02 Feb 2012.

  35. 35.

    Anyi Li and Yingtian Li. 2006. Common Prosperity Is Not Only An Economic Concept: A Study of the Content and Realization of Common Prosperity. Theoretical Investigation 6:52–55.

  36. 36.

    Chunjiao Qu. 1994. Xiaoping Deng’s Arguments for Common Prosperity and against Polarization. Journal of China Youth University for Political Science 4:1–5.

  37. 37.

    Peizhao Hu. 2003. Common Prosperity and Virtuous Polarization in Wealth. Theory Front 22: 27–29.

  38. 38.

    Ibid.

  39. 39.

    The Gini coefficient can range from 0 to 1; it is sometimes multiplied by 100 to range between 0 and 100. A low Gini coefficient indicates a more equal distribution, with 0 corresponding to complete equality, while higher Gini coefficients indicate more unequal distribution, with 1 corresponding to complete inequality. Chinese Gini coefficient was 0.160 in 1978, 0.288 in 1981, 0.297 in 1984, 0.349 in 1989, 0.282 in 1991, 0.407 in 1993, 0.415 in 1995, 0.456 in 1998, 0.457 in 1999, 0.458 in 2000, 0.473 in 2004, and 0.496 in 2006. Statistics in 1991, 1998, 1999 and 2000 are from Hu Peizhao. 2003. Common Prosperity and Virtuous Polarization in Wealth. Theory Front 22:27–29. Statistics in 1981,1984,1989,1995 are from Tao Chunhai. 2003. A Thought about Increasing Gini Coefficient in China. Jiangxi Social Sciences 3:183–185. Statistics in 2006 are from Zhang Kui and Wang Zuxia. 2009. Measurement and Control of Income Inequality and Polarization. Statistical Research 26:76–80. Statistics of 1993 and 2004 are from ADB (Asia Development Bank) report from http://xxhs2.mofcom.gov.cn/aarticle/commonnews/200708/20070804972531.html. Accessed 02 Feb 2012.

  40. 40.

    Statistic refers to Human Development Report 2009 Gini index, http://hdrstats.undp.org/en/indicators/161.html. Accessed 02 Feb 2012.

  41. 41.

    Statistics from Ministry of Civil Affairs of the People’s Republic of China, http://www.mca.gov.cn/article/mxht/mtgz/200908/20090800034009.shtml; and http://dbs.mca.gov.cn/article/csdb/llyj/200711/20071100003469.shtml; Accessed 02 Feb 2012.

  42. 42.

    Luo Zhuoyan. 2006. Re-estimate China’s Urban Poor Population. Finance & Economics 9:82–89.

  43. 43.

    Statistics from Global News, http://china.huanqiu.com/society/2007-12/37451.html, and the World Bank http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/EASTASIAPACIFICEXT/CHINAEXTN/0,,contentMDK:21639761~pagePK:141137~piPK:141127~theSitePK:318950,00.html. Accessed 02 Feb 2012.

  44. 44.

    Statistics from National Bureau of Statistics of China, 2009 Report on the Peasant-labors, http://www.stats.gov.cn/was40/gjtjj_detail.jsp?searchword=%C5%A9%C3%F1%B9%A4&channelid=6697&record=12. Accessed 02 Feb 2012.

  45. 45.

    Statistics from http://www.stats.gov.cn/tjgb/nypcgb/qgnypcgb/t20080226_402464495.htm. Accessed 02 Feb 2012.

  46. 46.

    Ibid.

  47. 47.

    see Statistical Communique on the 2010 National Economic and Social Development Report of the National Bureau of Statistics, http://www.stats.gov.cn/tjgb/ndtjgb/qgndtjgb/t20100225_402622945.htm. Accessed 02 Feb 2012.

  48. 48.

    See Deng’s speech in his interview with Prime Minister David Lange of New Zealand on 28 March 1986. ibid.

  49. 49.

    In 2007, a domestic famous economist Mao Yishi published an article ‘Speak for the Rich; Serve for the Poor’ and brought a national debate on the argument whether the poor benefit from the rich. See the original article at Mao’s blog: http://blog.sina.com.cn/s/blog_49a3971d01000b48.html. Accessed 02 Feb 2012. In this argument, the rich was the main source of social wealth and should be more respected. Other well-know economist and scholars including Wu Jinglian and Jia Jinjing supported this argument; Xian Yan, Cao jianhai, Zhong Dajun, Yan Yu, Huang Zhong, Wang Congsheng, and Li Chunlin criticized this argument and pointed out that the rich were over-protected rather than over-looked. Zhang Xingshui and Zhang Ming stated that both of the rich and the poor should be protected equally from the legal perspective.

  50. 50.

    See Jian Yuan: the Real Estate Industry Kidnaps China, from scholars’ Utopia net, http://www.wyzxsx.com/Article/Class4/200611/11472.html. Accessed 02 Feb 2012. Also see Shiwei Zhang. 2008. The Effects of the Public Policy Relating to the Recent Real Estate Fever. Social Sciences in Ningxia 1:13–15.

  51. 51.

    Ibid.

  52. 52.

    See Zhiqiang Ren. 2008. Taxation and Donation. Resources Inhabitant and Environment 15: 69–71. see also Ren Zhiqiang. 2008. The Society Should Not Force the Rich to Donate, http://bbs.soufun.com/1010253663~-1~10429/77934988_77934988.htm. Accessed 02 Feb 2012. Ren is a domestic famous representative of the rich, who is the president of Beijing Huayuan Real Estate Limited Company, the president of Huanyuan Group, a commissioner of Beijing Commercial Bank, and the director of Xinhua Life Insurance Agency. According to a 2010 investigation of the list of 10 persons that Chinese people want to beat, Ren was in top five, see http://news.wuxi.soufun.com/2010-05-06/3314113_5.html. Accessed 02 Feb 2012.

  53. 53.

    See the Structural Analysis of the Increase of Tax 2009 by the Ministry of Finance of the People’s Republic of China, http://szs.mof.gov.cn/zhengwuxinxi/gongzuodongtai/201002/t20100211_270552.html. Accessed 02 Feb 2012.

  54. 54.

    Statistics from the State Administration Taxation, http://202.108.90.130/n480462/n480513/n480934/2011979.html. see also http://www.chinanews.com.cn/cj/cj-plgd/news/2009/06-19/1741312.shtml. Accessed 02 Feb 2012.

  55. 55.

    See http://www.zaobao.com/special/newspapers/2005/09/dayoo050912.html. Accessed 02 Feb 2012. See also Zheng Guozhong. 2002. The Chinese Rich People Evade to Taxation. Finance and Economy 9:9–10.

  56. 56.

    Analysis is based on statistics in Feng Junxian. 2009. Suggestions on Intensifying Tax Collection and Management of the High Income Group. Chinese Enterprise Accounting of Villages and Towns 4: 66–67. See also http://news.cctv.com/20070425/106125.shtml, in this official report, the proportion is 1/4. Accessed 02 Feb 2012.

  57. 57.

    Jingli Wu. 2008. A Study on the New Scheme of Individual Income Tax. Economics and Trade Update 15: 61.

  58. 58.

    See the official of National Development and Reform Commission, Xinnian Chen’s talk. 2005. Beijing Youth Daily. November 14. See also Xiaoming Liang. 2006. Maybe It is too Harsh to Force the Rich to Donate. Financial View 4:35. And see also Xi Muyu. 2006. Why the Chinese Rich People Are not Benevolent? Government Legality 13:21.

  59. 59.

    See also the arguments of Quanrui Dong, Deming Tan, Xihou Zhang, Han Li, and Fan Yang. 2007. In Teng Peng’s Research on the Recent Problems of Polarization of China. Journal of Lanzhou Commercial College 23:20–25.

  60. 60.

    The Legislation Law of the People’s Republic of China 2000, section one, article 7: ‘…the National People’s Congress and Standing Committee thereof shall exercise state legislative power.’ The State Council can also share the legislative power authorized by the National People’s Congress (NPC) and Standing Committee (SCNPC). see article 9:‘In the event that no national law has been enacted in respect of a matter enumerated in Article 8 hereof, the National People’s Congress and the Standing Committee thereof have the power to make a decision to enable the State Council to enact administrative regulations in respect of part of the matters concerned for the time being, except where the matter relates to crime and criminal sanctions, the deprivation of a citizen’s political rights, compulsory measure and penalty restricting the personal freedom of a citizen, and the judicial system.’ The necessary precondition for the authorization is that the former have not enacted laws for some less important issues. Matters relating to crime and criminal sanctions, the deprivation of a citizen’s political rights, compulsory measure and penalty restricting the personal freedom of a citizen, and the judicial system, however, still require the former. The State Council can make law in the name of NPC or SCNPC’s authorization. The enabled body may not re-delegate its authority to any other body. See The Legislation Law of the People’s Republic of China 2000, section 1, article 9–11. The main contents of lawmaking by and only by the NPC and NPCSC are ‘(i) state sovereignty; (ii) the establishment, organization and authority of various people’s congresses, people’s governments, people’s courts and people’s procuratorates; (iii) autonomy system of ethnic regions, system of special administrative region, and system of autonomy at the grass-root level; (iv) crimes and criminal sanctions; (v) the deprivation of the political rights of a citizen, or compulsory measures and penalties involving restriction of personal freedom; (vi) expropriation of non-state assets;(vii) fundamental civil institutions; (viii) fundamental economic system and basic fiscal, tax, customs, financial and foreign trade systems; (ix) litigation and arbitration system; (x) other matters the regulation of which must be carried out through enactment of national law by the National People’s Congress or the Standing Committee thereof.’ See The Legislation Law of the People’s Republic of China 2000, section 1, article 8. Those important political and legal issues can only be enacted as national law rather than administrative regulations or decrees.

  61. 61.

    The institutions or organs that can introduce a bill to the National Congress and its Standing Committee are the presidium of the Congress or the Chairman’s Committee of the Committee, or the State Council, the Central Military Committee, the Supreme People’s Court, the Supreme People’s Procuratorate, and the specific committees of the National Congress (the Legislation Law of the People’s Republic of China 2000, article 12 and 24). To introduce a bill is the preliminary stage of creating a law. The right to introduce a bill therefore gives influence and power in the lawmaking process. In addition to the bill introducers mentioned above, another way to introduce a bill is to announce a bill by a delegation of the session or by delegates of at least 30 people acting jointly during the NPC, or by ten or more members of the SCNPC acting jointly in the Standing Committee. According to the introducers, it is naturally divided into three levels of introducing a bill. The first level is that the presidium of the NPC and the Chairman’s Committee of the SCNPC; the bills introduced by them are spontaneously included into the agenda of the current session for deliberation (article 12, 24). The second level is that the State Council, the Central Military Committee, the Supreme People’s Court, the Supreme People’s Procuratorate, and the specific committees of the National Congress: whether bills introduced by them can be included into the agenda of the current session is a decision for the presidium of the congress or the chairman’s committee (article 12, 24). The third level is the delegation or jointed delegates: the presidium of the congress or the chairman’s committee decides whether such bills can be discussed in the current session, or whether to refer such bill to the relevant special committee for deliberation, with such special committee making a recommendation as to whether such bill shall be put onto the agenda of the current session (article 13, 25).

  62. 62.

    After the bills being put on to the agenda of the current session of the Congress, the delegations and relevant special committee shall begin deliberation. After gathering their deliberation opinions, the Legislative Committee shall conduct a uniform deliberation, and afterwards shall deliver to the presidium a deliberation report and the amended draft law. Then after the presidium has deliberated and passed the deliberation report and the amended draft law, they shall be printed and circulated to the delegates attending the session. Following that, the amended draft law shall be further amended by the Legislative Committee based on the deliberating opinions of the delegations.

  63. 63.

    Then the Legislative Committee shall present a voting version of the draft law to be submitted by the presidium to the plenary session for voting, and if it receives affirmative votes from more than half of all delegations, such version shall be adopted. Under the following circumstances a bill may fail to become a law. Firstly, the sponsor of a bill itself has the right to withdraw the bill which has been put onto the agenda of the session. If the bill sponsor withdraws the bill subjected to the consent by the presidium of the NPC or the Chairman’s Committee of the NPCSC, the deliberation on the bill shall terminate (article 20, 37). Secondly, the voting on the bill may be postponed to be ‘dead’ if great different opinions exist on the major issues. If there are major disagreements on the major issues of the bill, further deliberation is needed. The NPC may authorize its Standing Committee to have further deliberation (article 21). If after three deliberations by the NPCSC session, a bill’s major issues still require further study, voting on the bill may be postponed. When it has been postponed for 2 years, the deliberation on the bill shall terminate (article 39). Thirdly, if less than half of the affirmative votes of all delegates are received, the bill cannot be adopted as a law (article 22, 40). If a bill introduced to the NPC and NPCSC has been voted on the plenary session and fails to pass, the bill sponsor may re-introduce it in accordance with all legally prescribed procedures (article 50).

  64. 64.

    Statistics of this section are from the Legislative Affairs Work Committee of SCNPC ed. 2008. Statistics of Legislation of People’s Republic of China. 490–570. Chinese Democracy and Rule of Law Publishing House.

    See also Wu Bangguo’s ‘Report on the Work of the Government about Administrative Regulations and Local Decrees’ made at the third session of the eleventh NPC. http://news.xinhuanet.com/politics/2010-03/09/content_13133496.htm. and; http://www.chinadaily.com.cn/zgzx/2009npc/2009-03/09/content_7556715.htm. Accessed 09 March 2010.

    And Zhou Jing. 2009. Statistical Indicators of the Current Effective Nation Legislation. Journal of Comparative Law 5:147–160.

  65. 65.

    Jing Zhou. 2009. Statistical Indicators of the Current Effective Nation Legislation. Journal of Comparative Law 5:147–160.

  66. 66.

    Ibid.

  67. 67.

    Wangsheng Zhou. 2000. 50 Years Lawmaking History. Studies on Lawmaking 1, quoted from Yang Lijuan. 2004. The Relation of Legislative Competence Between National People’s Congress and its Standing Committee. Journal of Guangxi Administrative Cadre Institute of Politics and Law 19:44.

  68. 68.

    See the Constitution, article 62 and 67.

  69. 69.

    See the LLC 2000, articles 8, 42, 85 and 21.

  70. 70.

    Lijuan Yang. 2004. The Relation of Legislative Competence Between National People’s Congress and its Standing Committee. Journal of Guangxi Administrative Cadre Institute of Politics and Law 19:43.

  71. 71.

    NPC is held once in a year; while the SCNPC is normally held once in 2 months.

  72. 72.

    See Number of Deputies to All the Previous National People’s Congresses, China Statistical Yearbook 2010.

  73. 73.

    International Centre for Parliamentary Documentation. 1986. Parliaments of the World: A Comparative Reference Compendium. 269–275. Gower Publishing Company Ltd. Especially table 8b, average number of plenary sittings. See also Lin Li. 2005. Insist to and Complete the Session System of the National People’s Congress. Theoretical Trends 3:8–18.

  74. 74.

    Chinese lawmaker/population is 3000/1,335,962,133; U.S: 535/306,221,000; Japan: 720/127,630,000; Germany: 667/82,062,200; France: 920/65,073,482; UK: 1378/61,612,300; Canada: 413/33,617,000. see data from World Population Prospects .http://www.un.org/esa/population/publications/WPP2004/WPP2004_Volume3.htm. and Inter-parliamentary Union. http://www.ipu.org/english/home.htm. Accessed 02 Feb 2012.

  75. 75.

    For the author’s own experience, she only had one chance to participate in one election of representatives of W district of W city of China since 1998–2010. At that election, she had the opportunity to choose one representative from two people who she never heard of. She was never informed of the political views of the two candidates, nor did she hear of the result of that election. The author had this opportunity because she was among the high educated group; other common urban residents were seldom involved in the elections.

  76. 76.

    According to Jingsong Jiang’s study, the criteria of election were ‘unwilling’ choices because there lacked open and fair standards. Jiang Jingsong. 2004. Discussion of The Representativeness of the Standing Committee of the National People’s Congress. Tribune of Political Science and Law 6:18–30.

  77. 77.

    See article 2 of the Regulations of the Members of SCNPC 1993.

  78. 78.

    Jingsong Jiang. 2004. Discussion of The Representativeness of the Standing Committee of the National People’s Congress. Tribune of Political Science and Law 6:25.

  79. 79.

    See Jiahai Liu vs. the 2nd group of Nanning traffic police Nanning, http://bbs.chinacourt.org/index.php?showtopic=242371&st=0. Accessed 02 Feb 2012.

  80. 80.

    Xiaoyang Qiao. 2008. The Talks on The Legislative Law of People’s Republic of China. 88. Beijing: China Democracy and Rule of Law Publishing House.

  81. 81.

    Duanhong Chen. 1998. Democratic Legitimacy and Supremacy of Legislation – Critiques on Chinese Legislation. Peking University Law Journal 6:59–69.

  82. 82.

    Quan Tan and Xinning Zhang. 2004. The Possibility of Abolishing the Prohibition of Fireworks in Beijing. Engineering Blasting 3:86–89.

  83. 83.

    See the original Chinese literature by Jiang Yu, Biao Teng and Zhiyong Xu. 2003. A Proposal on Constitutional Review of the Administrative Measures of Accept and Dismiss Vagrants and Beggars with No Means of Support in Cities 1982. Nanfang Daily. May 17. English here was translated by Peng He.

  84. 84.

    See more details from Zhigang Sun. 2008. the Milestone of the History of Citizen’s Rights. XiaoXiang Morning. December 19. see also http://www.xxcb.com.cn/show.asp?id=938509. Accessed 02 Feb 2012.

  85. 85.

    See reports about Ms Tang’s case: http://news.sohu.com/20091203/n268635575.shtml. Accessed 02 Feb 2012.

  86. 86.

    See the Property Law 2007, article 42: ‘for the purpose of satisfying the needs of public interests, it is allowed to requisition collectively-owned lands, premises owned by entities and individuals or other realities in accordance with the statutory power limit and procedures.’

  87. 87.

    Qilin Fu. 1997. The Real Estate Law. Beijing: Law Press.

  88. 88.

    Statistics from the report: Chinese Political Advisor Calls for Stricter Control in Land Expropriation. 2008. Xinhua News Agency. March 8.

  89. 89.

    Chunxia Gong’s 2010 PhD thesis. The Supply of the Rural Public Goods and the Choice of Farm Land System. Hua Zhong University of Science and Technology.

  90. 90.

    See Haichao Zhang (stated) and Hui Liu (wrote). 2009. The Truth of My Chest. Shangjie Chengxiang Zhifu 9:30–32. And Qiao Zheng. 2009. Expose the Inside Story of Official Appraisal for Occupational Diseases. Law and Life 19:35. see also http://news.sina.com.cn/s/2009-07-10/032718191682.shtml, http://news.sohu.com/20090729/n265556646.shtml, and http://news.xinhuanet.com/employment/2009-07/22/content_11753354.htm. Accessed 02 Feb 2012.

  91. 91.

    See the Report of Ministry of Health 2009: http://www.moh.gov.cn/publicfiles/business/htmlfiles/mohwsjdj/s5854/201004/47129.htm. Accessed 02 Feb 2012.

  92. 92.

    Hao Zhou, Nan Wang and Deqiang Wang. 2009. A Study of Peasant-Labors Occupational Diseases Reality and Legal Protections. Legal System and Social Society 10: 346–347.

  93. 93.

    About the milk crisis see reports on http://news.sohu.com/20080917/n259590366.shtml. Accessed 02 Feb 2012.

  94. 94.

    Yili Zhang. 2010. The Ignored Infants Affected by Sanlu Milk Crisis. People Digest 2:32–33. After this milk crisis the China Dairy Industry Association announced that 22 Chinese producers would provide one-time compensation payments to victims whose infants contracted kidney stones and urinary problems from milk. Victims of tainted milk-powder could receive up to 200,000 Yuan ($29,000) compensation from major dairy companies. Families of hospitalized babies would receive compensation around 30,000–50,000 Yuan.

  95. 95.

    Since December 2007, Sanlu Group co., ltd, the milk company which was first disclosed of adding melamine to milk power, had received several consumers’complaints about infants adverse reactions of the Sanlu milk power. Sanlu Company did not pay much attention to their complaints until April 2008 when the complaints continually rising. In mid May Sanlu Company had already tested their products and was aware that abnormal compositions existed but not until July did they send their products to the official quarantine organs for inspection. When they were told by the official quarantine organ that 15 of the 16 product samples contained melamine, they did not warn the public and recall their products; they did not stop selling their products. See serious reports on http://news.sohu.com/20090101/n261527075.shtml. Accessed 02 Feb 2012.

  96. 96.

    Steven M. Dickinson. 2009. Food Fumble. The Wall Street Journal Asia. March 3. http://online.wsj.com/article/SB123601731642111527.html. Accessed 02 Feb 2012.

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  1. Law School, Zhongnan University of Economics and Law, Wuhan, People’s Republic, China

    Peng He

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He, P. (2014). Chinese Contemporary Lawmaking: Reality and Problems. In: Chinese Lawmaking: From Non-communicative to Communicative. Understanding China. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-39507-9_2

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