The Legislation Law was promulgated in 2000 and amended in 2015 respectively. The latest revision entered into force on March 15, 2015.
There are 105 articles in total.
The key points are as follows:
1.This Law shall apply to the enactment, amendment, and repeal of laws, administrative regulations, local regulations, autonomous regulations, and separate regulations.
2.The National People’s Congress and its Standing Committee shall exercise the legislative power of the State.
3.The National People’s Congress shall enact and amend the basic laws on criminal matters, civil matters, and state authorities, among others.
4.The Standing Committee of the National People’s Congress shall enact and amend laws other than those developed by the National People’s Congress.
5.The State Council shall enact administrative regulations in accordance with the Constitution and laws. The following matters may be governed by administrative regulations:
(1) matters requiring the development of administrative regulations to implement the provisions of laws;
(2) matters within the administrative functions and powers of the State Council as set out in Article 89 of the Constitution.
6.The people’s congress and its standing committee of a province, autonomous region, or municipality directly under the Central Government may, according to the specific circumstances and actual needs of the administrative region, enact local regulations, provided that such regulations do not contravene the Constitution, laws, and administrative regulations.
7.The ministries and commissions of the State Council, the People’s Bank of China, the State Audit Administration, and other divisions with administrative functions directly under the State Council may, in accordance with the laws and the administrative regulations, decisions, and orders of the State Council, enact rules within their respective power.
8.The hierarchy of legal effects:
(1) The Constitution shall have the supreme legal effect;
(2) the effect of laws shall be higher than that of administrative regulations, local regulations, and rules;
(3) the effect of administrative regulations shall be higher than that of local regulations and rules;
(4) the effect of local regulations shall be higher than that of the rules of local governments at the same level and at a lower level;
(5) the effect of the rules enacted by the people’s government of a province or autonomous region is higher than that of the rules enacted by the people’s government of a districted city or an autonomous prefecture within the administrative region of the province or autonomous region;
(6) the rules of different departments of the State Council shall be equally effective;
(7) the laws, administrative regulations, local regulations, autonomous regulations, separate regulations, and rules shall not be retroactive, except for the special provisions developed for the better protection of the rights and interests of citizens, legal persons, and other organizations.