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Who Makes the Law in China? - China Law in One Minute

Mon, 09 Nov 2020
Editor: C. J. Observer

Who makes the law in China? - China's Law in One Minute


In China, the National People's Congress(NPC) and its Standing Committee enact laws.

N.B.: The Constitution can only be enacted and amended by the National People's Congress, not by its Standing Committee.

The executive, judicial, and military organs may also make rules in accordance with the law. (See What's Chinese Legal System? )

In addition to a constitution and more than 200 laws, there are thousands of administrative regulations, judicial interpretation, military regulations, local laws, local regulations, and departmental regulations.

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.


For more about China's legal system, please read What's Chinese Legal System? 

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.

Contributors: CJO Staff Contributors Team

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