China has no common law. Instead, China has mainly a civil law system.
In China, the law means statutes and exclude case law. In other words, court cases are not law; only rules codified by the legislature, the executive, and the judiciary are law.
In fact, there are four legal systems within the territory of the People’s Republic of China:
(1) Mainland China: The laws of the Mainland are mainly influenced by the laws of the Soviet Union, Germany, and Japan. In the past 20 years, it has also been affected by common law in some fields.
(2) Hong Kong: Hong Kong operates on a common law system inherited from the UK.
(3) Macau: Macau operates on a civil law system inherited from Portugal.
(4) Taiwan: Taiwan operates on a civil law system influenced by German and Japanese laws.
According to China’s Constitution and the Legislation Law, in mainland China, the effectiveness levels (from high to low) and the authorities enacting the above laws and regulations are as follows:
Level 1:
The Constitution, formulated by the National People’s Congress (NPC), prevails over all other laws and regulations.
Level 2:
The Laws are formulated by the NPC (basic laws) and its Standing Committee (general laws).
Level 3:
(1) Administrative regulations are formulated by the State Council (i.e., the central government).
(2) Judicial interpretations are formulated by the Supreme People’s Court (SPC) and the Supreme People’s Procuratorate (SPP).
(3) Military regulations are formulated by the Central Military Commission (CMC).
Level 4:
(1) Local laws and regulations are formulated by the Provincial People’s Congress and its Standing Committee, with the effect covering the areas under its jurisdiction;
(2) Departmental regulations are formulated by the departments directly under the State Council, with the effect covering the national matters falling within their functions and powers.
There are currently more than 200 laws promulgated by NPC in effect. For full texts of Chinese laws, please click the List of China’s Laws.