laws and regulations, formulated by the State Council in accordance with the Constitution and other laws. Third, local laws and regulations, mainly formulated by people’s congresses and their standing committees at provincial and autonomous regional and municipal levels. The people’s congresses and their standing committees of the larger cities may, in the light of the specific local conditions and actual needs, formulate local regulations, provided that they do not contradict the Constitution, laws, administrative regulations, and local regulations of their respective provinces or autonomous regions. Moreover, they shall submit such regulations to the standing committees of the people’s congresses of the provinces or autonomous regions for approval before implementation. The people’s congresses of the ethnic autonomous areas have the power to formulate autonomous regulations and separate regulations on the basis of the political, economic, and cultural characteristics of the local ethnic group(s). Where certain provisions of the laws and administrative regulations are concerned, adaptations may be made to the autonomous regulations and separate regulations, but such adaptations may not contradict the basic principles of the laws and administrative regulations. However, no adaptation may be made to the provisions of the Constitution and the Law on Regional Ethnic Autonomy, or the provisions in other laws and administrative regulations that are specially formulated to govern the ethnic autonomous areas. The autonomous regulations and separate regulations of the autonomous regions shall be submitted to the Standing Committee of the NPC for approval before they go into effect. The autonomous regulations and separate regulations of the autonomous prefectures or counties shall be submitted to the standing committees of the people’s congresses of the relevant provinces, autonomous regions, or municipalities directly under the central government for approval before they go into effect. The people’s congresses and their standing committees in the provinces and cities where special economic zones are located may, upon authorization by the NPC and its Standing Committee and in the light of specific local conditions and actual needs, formulate regulations in accordance with provisions of the Constitution and basic principles of the laws and administrative regulations, and enforce them within the limits of the special economic zones.
The legal system in China is currently composed of seven departments: (1) Laws related to the Constitution. The laws related to the Constitution are the collection of legal norms supporting the Constitution and directly guaranteeing its enforcement and the operation of state power. China has enacted 38 laws related to the Constitution, as well as a number of administrative and local regulations. (2) Civil and commercial laws. Civil laws adjust property and personal relationships between civil subjects with equal status, that is, between citizens, between legal persons, and between citizens and legal persons, and follow the principles of equal status between civil subjects, autonomy of will, fairness, honesty and credibility, and other basic principles. Commercial laws adjust commercial relationships between business subjects. By the end of August 2011, China had promulgated 33 civil and commercial laws, as well as a large number of administrative and local regulations concerning commercial activities. (3) Administrative laws. They regulate the relationships between administrative authorities and subjects of administration because of administrative activities. By the end of August 2011, China had enacted 79 administrative laws and a large number of administrative and local regulations regulating administrative power. (4) Economic Law. Economic laws are a collection of laws and regulations which adjust social and economic relations arising from the state’s intervening in, and managing and regulating, economic activities for the society’s overall interests. By the end of August 2011, China had formulated 60 economic laws and a large number of related administrative and local regulations. (5) Social law. China’s social laws are the collection of laws and regulations with respect to the adjustment of labor relations, social security, social welfare, and protection of the rights and interests of special groups. By the end of August 2011, China had enacted 18 laws in this particular field and a large number of administrative and local regulations to regulate labor relations and social security. (6) Criminal Law. This is the law that defines crimes and penalties. By the end of August 2011, China had enacted the Criminal Law and eight amendments to it, as well as decisions on punishing fraudulent purchase of foreign exchange, evading foreign exchange control, and illegal trade in foreign exchange, plus nine legal interpretations on the Criminal Law. (7) Litigation and Non-litigation Procedure Laws. These are laws giving standard solutions to various litigation and non-litigation activities arising from social disputes. China now has enacted in the fields of litigation and non-litigation procedure laws including Criminal Procedure Law, Civil Procedure Law, Administrative Procedure Law, Special Maritime Procedure Law, Arbitration Law, People’s Mediation Law, Notarization Law, and Extradition Law.15
The socialist system of laws with Chinese characteristics is a legal foundation for socialism with Chinese characteristics to retain its nature, a legal reflection of the innovative practice of socialism with Chinese characteristics, and a legal guarantee for the prosperity of socialism with Chinese characteristics. Its establishment is an important milestone in China’s development of socialist democracy and the legal system, and showcases the great achievements of reform, opening-up, and the socialist modernization drive. It is of great realistic and far-reaching historic significance. To comprehensively advance law-based governance of the country, China continues to step up its legislative work, promote democratic and effective legislation, improve the quality of legislation, and constantly improve and develop the socialist legal system with Chinese characteristics.
2.5.Steady Development in Building a Rule-of-Law Government
Administration according to law is an important part of governing the country according to law. The construction of a law-based government according to law is an important part of the construction of the rule of law in China. To build a government ruled by law is to adhere to the principle of administration according to law and to build all levels of government into a legal government, a power-limited government, a normative government, a law-abiding government, and a responsible government.
In 1997, the 15th National Congress of the CPC put forward a basic policy of governing the country according to law and demanded that all government agencies must administer according to law. In order to implement the basic policy of governing the country according to law and to promote the administration according to law, in 1999 the State Council promulgated the Decision on Comprehensively Promoting the Administration. According to Law. The Rules of Work of the State Council, revised in 2003, formally established the law-based administration as one of the three basic norms governing the work of the government, and clearly stipulated that the core of law-based administration was to regulate administrative power. In 2004, the State Council promulgated the Outline for Carrying out the Implementation of Law-based Administration in an All-round Way, setting the goal of building a government ruled by law. In 2010, the State Council issued the Opinions on Strengthening the Construction of a Government Ruled by Law, which made comprehensive deployment of and put forward the general requirement for the further promotion of law-based administration and development of a government rule by law in new conditions. It attached great importance to the construction of a rule-of-law government, the enhancement of the awareness about and ability of the rule of law among officials, especially leaders of administrative organs, improvement of institutional construction, and lawbased democratic decision-making using effective approaches. It also upheld building transparency into the work of government across the board, strengthen administrative supervision and accountability, resolve social contradictions and conflicts according to law, and strengthen organizational leadership, supervision and inspection.
The 18th CPC National Congress stressed the need to “promote administration in accordance with the law and earnestly realize strict, normative, just, and civilized law enforcement”. The Third Plenary Session of the 18th CPC Central Committee further clearly pointed out that to push forward the rule of law in the country, China must make coordinated efforts to simultaneously develop the law-based governance of the country, the law-based exercise of state power, the law-based administration of government; adopt a holistic approach to the development of a rule-of-law country, a rule-of-law government, and a rule-of-law society. We must deepen the reform of the administrative law enforcement system, integrate law enforcement power, and promote comprehensive
