Unlike common law courts, there is no strict precedent for case law and no principle of stare decisis. Moreover, there is no case or controversy requirement that would oblige the Supreme People`s Court to limit its decisions to actual cases, and the SCC issues general interpretations of the law. In practice, judges of the lower people`s courts endeavour to follow the interpretations of laws adopted by the Supreme People`s Court. In addition, unlike common law courts, superior courts have the power to monitor and deliberate, which means that they can reopen a case decided at a lower level themselves. Among the notable features of criminal law in China is the requirement that crimes and criminal sanctions can only be regulated by domestic laws (as opposed to provincial laws or ministerial decrees). This rule is set forth in Article 8 of the Legislative Law of the People`s Republic of China (中华人民共和国立法法). The two main Chinese philosophical schools discussed below, Confucianism and legalism, greatly influenced the idea of law in China. In short, under Confucianism, the state should lead the people virtuously, thus creating a sense of shame that prevents bad behavior. Under legalism, the law is meant to be publicly proclaimed standards of conduct supported by state coercion.
The tension between these two systems is that Confucianism relies on tradition to make the head of the family of all of China, while legalism makes a standard law to which even the emperor should be bound. What they have in common is that, to varying degrees, both defend a paternalistic conception of the state that knows better than its citizens and enacts laws to protect them. This concept persisted throughout the imperial period until the republican period and can still be considered effective today. Citizens can buy a ticket online or via a mobile app. If they don`t buy a ticket in advance, they will have to queue at the clinic or hospital, which can take some time. Once they have purchased a registration ticket, they can choose the doctor they want to see or ask for recommendations. Once they have purchased a ticket, they check in at the reception and receive a patient card. This gives them access to the doctor they want to see. After their victory, the communists established a formal Soviet-style judicial system, but ideological conflicts between legal scholars and cadres led to the collapse of the system. In the “three anti” (sān fǎn) and “five anti” (wǔ fǎn) movements of 1952, mass public trials with masses of spectators shouting criticism led to the execution and imprisonment of hundreds of thousands of “counter-revolutionaries” without enforcing the formal legal system.
During the Cultural Revolution, the judicial system was completely abolished and laws were no longer promulgated. As a result, municipal mediation systems have become increasingly important. The People`s Liberation Army was tasked with monitoring the assessment of cases. Red Guard brigades often forced individuals into self-criticism and sent people to re-education camps because they were “reactionary.” Confucius recognized that people in a society have different interests, and assigns to the ruler the responsibility of uniting these interests and maintaining social order. This is not done by dictatorship, but by example. Therefore, a leader does not have to force his people to behave properly. Instead, the ruler only has to be respectful, and the people are incentivized and enlightened by their superior virtues to follow his example – an ideal known as wúwéi. Nevertheless, the leader must know and understand Li in order to be able to create solutions to society`s conflicts and problems. Since the people must follow moral standards and the example of the ruler, the quality of the leader largely determines the quality of the political order.
The highest legislative authority is the National People`s Congress. He has the power to revise the constitution and create important legal texts called “fundamental laws” (基本法律 jīběn fǎlǜ). Apart from this, the NPC also issues laws (法 fǎ) and decisions (决定 juédìng). Decisions may contain legal norms in the form of amendments or additions to the law. They are often used to delegate legislative power to the Council of State. Despite this continuity, Chinese imperial law was dynamic. Even though a core of the imperial code has been retained over time (perhaps because of its legitimizing power), the rest of the statutes have changed. They were also supplemented by sub-laws (li), which took precedence over laws when the two types of measures collided, and by a sophisticated set of administrative regulations. Chinese law, the body of law in China and the institutions designated to administer it. The term covers both the legal history of China before the founding of the People`s Republic of China in 1949 and the law of that country today. There are more than 200 Chinese laws, and the most important are: One of the most commonly used terms in China today, by jurists and politicians, is fǎzhì (法治).