The Constitution Law Of People S Republic Of China

This Constitution affirms the achievements of the struggles of the Chinese people of all nationalities and defines the basic system and basic tasks of the state in legal form; it is the fundamental law of the state and has supreme legal authority. The people of all nationalities, all state organs, the armed forces, all political parties and public organizations and all enterprises and undertakings in the country must take the Constitution as the basic norm of conduct, and they have the duty to uphold the dignity of the Constitution and ensure its implementation.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in China provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in China will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

The present Constitution of the People's Republic of China was adopted in December 1982 by the Fifth National People's Congress. The 138 Articles published in this book have developed over the years since the founding of the Republic, and define the fundamental laws of the state.

This is a new edition which includes the full text of the constitution adopted at the Fifth Session of the Fifth National People's Congress in 1982, as well as the amendments to the constitution adopted at different National People's Congress sessions later in 1988, 1993 and 1999. One of the most important contents in the latest amendments is the ensuring of Deng Xiaoping Theory in the constitution.

China, after some twenty years of reform, is no longer a country without law. Indeed, one may legitimately complain that there are too many laws that are changing too rapidly. However, law acquires no life nor performs its intended social functions without proper implementation and enforcement. Here, few people, Chinese or foreign, are content with the general situation of implementation of law in China. The problems and difficulties in implementing and enforcing laws and regulations are reported and discussed in the various forums of the Chinese media almost on a daily basis, and often reported in Western media also. Academics in China are filling the pages of various legal journals with their diagnoses and analyses of the causes of, and solutions to, the lack of proper implementation of law, and legal regulations and policy measures are being issued to deal with these problems and to overcome the difficulties. The future of the rule of law in China, as we are so often reminded by scholars of Chinese politics and law, largely depends on the proper implementation and enforcement of law. This is a book about `law-in-action' in China, that is, it focuses on the administration of the law as a process through which `law-in-the-books' is put into action and, hence, is made to perform its intended social functions. It deals with the process, the institutional settings (the players), and the political, economic, social, and cultural settings (the factors) involved in the administration of law in China. Throughout the book, we will see a variety of problems and difficulties involved in implementing and enforcing laws and regulations that are identified and analyzed by the contributors. We will also see analyses on legal regulations and policy measures that have been issued to rectify the many identified problems, to raise the standard of actual implementation of law, and to improve the functioning of the various law-implementing/enforcing authorities. Additionally, the book provides various case studies on implementation of law in China. The present book, we believe, is among the first collective efforts at a systematic and comprehensive study of the implementation of law in China, and we hope that it will stimulate many more such studies - studies on the actual operation and impact of law on society and on individuals.

Drawing on his several years as counsel for a multinational corporation China during the late 1990s, Chow (law, Ohio State U.) outlines the Chinese legal system. He describes its history, the constitution, the role of various official and unofficial parties, and laws regarding various aspects of life and business. Annotation ♭2004 Book News, Inc., Portland, OR (booknews.com).