1、Basic Concepts of Chinese Law- How to Explain Chinese Law to Foreigners in English What you need to explain Chinese law to foreigners in EnglishBasic Concepts of Chinese Law1. Advanced English ability2. Knowledge in Chinese law3. Knowledge in legal theory in general4. Knowledge in Chinese culture an
2、d society5. Knowledge in foreign legal systems, culture and society.ContentsBasic Concepts of Chinese LawI. Sources of LawII. Court System and Civil Procedure III. Fundamentals of Private LawI. Sources of LawA. What are “Sources of Law” ?Basic Concepts of Chinese Law1. “sources of law” and “ law of
3、the case”Sources of law: normative documents and materials from which the judges derive the specific rules or norms applicable to the specific case at bar (“law of the case”).E.x.: 66, GPCL: The principal shall not be liable for any act without power of attorney, exceeding the power of attorney or a
4、fter the power of attorney has been terminated unless the said act has been confirmed by the principal. 民法通则 第 66条：没有代理权，超越代理权或者代理权终止后的行为，只有经过被代理人的追认，被代理人才承担民事责任。Basic Concepts of Chinese Law2. Relating Provisions:Civil Code of Taiwan1 (Sources of Law): Civil issues, if not specified in statutes, sh
5、all be determined according to usage or jurisprudence if no applicable usage exists (民事，法律所未规定者，依习惯，无习惯者，依法理 ). “General Principles of Civil Law (1986)” Chapter 1 (Basic Principles),6: Civil activities shall abide by laws, or, in case there is no applicable law, the policies of the state（ 民事活动必须遵守法律
6、，法律没有规定的，应当遵守国家政策。 ） .Basic Concepts of Chinese LawChapter 8 (Application of Law in Foreign-related Civil Issues),142:The application of law in foreign-related issues shall be decided according to this Chapter. Should the international treaty concluded or acceded to by the PRC contain a provision in
7、 contradiction with the civil laws of the PRC, that provision shall apply, except that the PRC has declared a reservation on that provision.In absence of any relevant law of the PRC or international treaty concluded or acceded to by the PRC, international usage may be applied.Basic Concepts of Chine
8、se Law3.Main Sources of Law in China(1) Constitution(2) Laws in its narrow sense (statutes)(3) Administrative regulations(4) Regulations enacted at the local level(5) Rules enacted by ministries and commissions of the State Council and local administrations(6) Policies?(7) Judicial interpretations(8
9、) Decided cases? (9) International treaties and usagesBasic Concepts of Chinese LawB.ConstitutionConstitutions of 1954, 1975,1978 and1982.Amendments of 1982 Constitution in 1988, 1993, 1999 and 2004.Basic Concepts of Chinese Law1. Contents of the Constitution 1982 as amendedPreambleCh. 1 General PrinciplesCh. 2 Basic Rights and Duties of CitizensCh. 3 State OrgansSection 1 National Peoples CongressSection 2 President of the PRCSection 3 State CouncilSection 4 Central Military CommissionBasic Concepts of Chinese Law
