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Chinese Law: Modern Law

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Chinese State Security Law, Article 4: What it does:

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Date created

Mar 14, 2020

Cards (31)

Section 1

(31 cards)

Chinese State Security Law, Article 4: What it does:

Front

Chinese Law: Activists and journalists are often prosecuted for Clause 1 plotting to subvert the government, dismember the State or overthrow the socialist system, or Clause 3stealing, secretly gathering, buying, or unlawfully providing State secrets. According to human rights researcher John Kamm, 99 percent of people tried for endangering state security are convicted.

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Chinese State Security Law, Article 4: What it says:

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Chinese Law: Lists specific acts that endanger state security, but are still vague enough to encourage arbitrary enforcement.

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Chinese Emergency Response Law: What it does:

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Chinese Law: Passed in the wake of Chinese stonewalling during the SARS outbreak in 2003, the law ostensibly aims to improve the spread of information. But critics contend it just as easily muzzles the press. Chinas legislature did water down a measure that would have imposed strict fines on the media for inaccurate reporting, but the law still contains provisions revoking media licenses for violations. State media coverage of coal-mine and other industrial accidents has been limited, as the government worries such reporting would provoke social unrest.

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Chinese Law: MODERN CHINA: When were the first efforts to modernize the legal system?

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Efforts to modernize the legal system were instituted by the Qing Empire in the very early part of the twentieth century. It became apparent that some aspects of the legal system, such as the harshness of criminal procedure and the lack of commercial law rendered China's law primitive in comparison to legal systems of other nations.

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Chinese Law: MODERN CHINA: When was the Communist Party and other modes of governance established in China?

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Chinese Law: The Communist Party of China (CPC) was established July 1, 1921. Shortly after the CPC was founded, a politically tumultuous period referred to as the "New Democratic Revolution" encompassed three important struggles that the CPC engaged in. Included in this period were the Second Revolutionary Civil War (1927-37), the War of Resistance Against Japan (1937-45), and the Third Revolutionary Civil War (1945-49).

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Chinese New Property Rights Law, 2007: What it says:

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A first, this law granted the right to property ownership by private persons.

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A. Chinese Law: MODERN CHINA: STRUCTURE OF GOVERNMENT: What are the positions and powers of the President and the Vice President?

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Chinese Law: The positions and powers of the President and the Vice President are established in Articles 79-84 in the Constitution of the People's Republic of China (1982). The NPC elects individuals to fill these positions for a term of five years with a limit of two consecutive terms (Art. 79). Some of the powers entrusted to the President are the making of new laws and statutes, the appointment and removal of various State Council members, the issuance of pardons, proclamations of martial law and states of war, as well as receiving foreign diplomats and ratifying or abrogating treaties with foreign nations (Arts. 80-81). The Vice President is to aid the President in carrying out his duties, and may carry out presidential functions delegated by the President (Art. 82).

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Chinese Law on the Supervision by Standing Committees of the Peoples Congress at All Levels (2006), Article 3 What it says:

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Chinese Law: It lays out the requirement of upholding leadership of the Communist Party.

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Chinese Consumer Protection Law, Chapter II, Articles 7 and 8: What it does:

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Chinese Law: Safety standards and laws fluctuate with shifts in the market. Thus, there are no objective mandates for consumer product safety. After last summers string of product recalls, the U.S. and Chinese product safety agencies met to discuss new measures, including banning the use of lead paint in toys exported to the United States. Still, there is little hope for progress unless Chinese local authorities stop haphazardly enforcing rules and regulations.

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Chinese New Property Rights Law, 2007: What it does:

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Chinese Law: Although one can own buildings and fixtures on land, the land itself still belongs to the state. The Chinese government also has a right to seize private property for a public purpose, a vague standard that is often exploited by commercial interests. The state must provide compensation for such seizures, but it usually offers a menial amount. Some analysts think that giving peasants in particular the right to sell their land would have tamped down rural unrest and helped millions find work and overcome poverty, but such a dramatic step was apparently too much for the Communist Party.

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Chinese Regulations on Religious Affairs (2005): What it does:

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Chinese Law: Requiring groups to register with the state grants the government the right of refusal over religious organizations. The language in Article 3 is intentionally vague and is often used against groups the government doesnt approve, such as the Falun Gong. The government officially recognizes just five religions: Buddhism, Taoism, Islam, Catholicism, and Protestantism.

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C. Chinese Law: MODERN CHINA: STRUCTURE OF GOVERNMENT:Judicial Branch (The courts) What courts are part of the PRC Judicial System?

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The judicial system of the PRC is established in Articles 123-135, and consists of the people's courts, the Supreme People's Court, the people's procuratorates, the Supreme People's Procuratorate, military procuratorates and other special people's procuratorates. The Supreme People's Courts, the Higher People's Courts, the Intermediate People's Courts, and the Basic People's Courts. The Basic People's Courts are comprised of more than 3,000 courts at county level, which are further subdivided into about 20,000 smaller units referred to as people's tribunals located in towns and villages. There are 376 Intermediate People's Courts and 31 Higher People's Courts located in the provinces.

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Chinese Trade Union Law of the Peoples Republic of China What it says:

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Chinese Law: The All-China Federation of Trade Unions shall be established as the unified national organization.

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Chinese Article 105 of the Chinese Criminal Law: What it says:

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Chinese Law: Criminalizes organizing, scheming or acting to subvert the political power of the state and overthrow the socialist system and incitement to subvert the political power of the state and overthrow the socialist system by spreading rumors, slander or other means.

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Chinese Trade Union Law of the Peoples Republic of China: What it does:

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Chinese Law: Limits workers to party-controlled All-China Federation of Trade Unions (ACFTU), which rights groups say doesnt adequately protect workers rights. A new labor law passed in 2007 strengthened the role that the ACFTU could play in negotiating wages and benefits, but the union has traditionally favored management over workers and has not played an active role in defending such worker rights as overtime compensation and the ability to strike.

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Chinese Emergency Response Law: What it says:

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Chinese Law: Designed to ban the spread of false information during disasters, the law prohibits units and individuals from fabricating or spreading false information regarding emergencies and government efforts to cope with emergencies. It also mandates local governments and authorities to provide coordinated, accurate and timely information on the emergency and its development.

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A. Chinese Law: MODERN CHINA: STRUCTURE OF GOVERNMENT: How is the Executive Branch (The President) Structured?

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Chinese Law: The State Council is the government of the PRC under the authority of Articles 85-98. It is the highest organ of state power, and of state administration (Art. 85). The State Council consists of the Premiers, Vice-Premiers, State Councillors, Ministers in charge of ministries, Ministers in charge of commissions, Auditor-General, and the Secretary-General. The State Council's term of office is five years (Art. 86). The State Council is given a number of functions and powers, including but not limited to: the adoption of administrative measures, rules and orders, submission of proposals to the NPC, creation and execution of a plan for national economic and social development, conducting foreign affairs and concluding treaties and agreements with foreign nations; protection of the rights of Chinese nationals abroad, and exercising any other functions that the NPC may delegate to it (Art. 89).

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Chinese Regulations on Religious Affairs (2005): What it says:

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Chinese Law: Allows religious organizations to possess property, publish literature, train and approve clergy, and collect donations, but requires them to register with the state. Article 3 sets forth that religion cant be used to disrupt public order or harm State or public interests.

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Chinese Hukou (Household Registration) System: What it says:

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Chinese Law: Citizens are classified according to place of residence and socioeconomic status. Parents pass down their classification to their children, making hukou a form of social identity. Rural migrants are not allowed to relocate to cities unless they meet certain requirements, including a stable job or source of income and a stable place of residence.

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Chinese Law: MODERN CHINA: When were the draft laws of the Qing reform used?

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Chinese Law: The successive governments adopted some laws that were partially based on the draft laws of the Qing reform movement.

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B. Chinese Law: MODERN CHINA: STRUCTURE OF GOVERNMENT: Legislative Branch (make laws) What are the functions of the procuratorates?

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Chinese Law: Article 129 refers to the people's procuratorates as "state organs for legal supervision." In 1983 the NPC amended the Organic Law of the People's Procuratorates, which included an enumeration of the powers and functions of the procuratorates. The functions seem to set up an organization which initially performs similar to a prosecutor in the United States, in that it oversees investigations by the public security organs and decides which cases will be prosecuted. However, the oversight of the procuratorates extends beyond investigation and trial, into supervision of the legal activities of the people's courts, the execution of judgments, and the activities of prisons. There is a hierarchy within the court structure from the top down:

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Chinese Measures for Managing Internet Information Systems, Issued by State Council Order No. 292: What it says:

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Chinese Law: Prohibits certain content from Web sites, online bulletin boards, and chat rooms, including content that could harm the dignity and interests of the state or disturb social order. It also holds Internet service providers (ISPs) responsible for the content of their sites.

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Chinese Law: MODERN CHINA: When was Ithe People's Republic of China (PRC) founded?

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Chinese Law: In 1949 the CPC founded the People's Republic of China (PRC).

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Chinese Law on the Supervision by Standing Committees of the Peoples Congress at All Levels (2006), Article 3, What it does:

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Chinese Law: Along with the constitution itself, this law enables one-party rule by mandating Communist Party dominance in Congress. Technically speaking, China has eight registered minor parties. But thanks to laws such as this, they have little to no influence on government.

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Chinese Law: MODERN CHINA: One initiative started in 1904 was the creation of a Law Reform Bureau in 1904, instilled with the task of translating foreign codes and drafting new laws. What other move to modernize was attempted?

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Chinese Law: Another move in the modernization direction was the promulgation of an Imperial Constitutional Outline in 1908. However, before any of the drafted laws were implemented, in 1911 the Qing empire was overthrown.

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B. Chinese Law: MODERN CHINA: STRUCTURE OF GOVERNMENT: Legislative Branch (make laws) The National People's Congress (NPC) is deemed to be the "highest organ of state power" in Article 57 of the Constitution of the People's Republic of China (1982). The NPC is partially composed of a permanent body called the Standing Committee of the National People's Congress (Articles 57, 65-69). The NPC is the unicameral body vested with the authority to establish the laws in China pursuant to Article 58. Deputies to the NPC are elected to their positions for five-year terms (Art. 60). What are some of the powers of the NCP?

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Chinese Law: Some powers of the NCP are to amend the Constitution, enact laws, elect the President and Vice President of the PRC, elect the President of the Supreme People's Court, deciding questions of war and peace, and various removal powers (Articles 62-63). When the NPC is not in secession, the Standing Committes can enact amendments and additions to laws passed by the NPC (Art. 89) All of the local regulations that are passed by these lower people's congresses must comport with the Constitution, laws passed by the NPC, and the people's congresses above each of the local congresses in the hierarchy. Legislation is also created at more local levels by the people's congresses of provinces, municipalities, autonomous areas and cities. The Constitution provides the structure, authority, and duties of the Local People's Congresses in Articles 95-111.

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Chinese Article 105 of the Chinese Criminal Law: What it does:

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Chinese Law: Although China's constitution ostensibly guarantees the right to free speech and expression, statutes such as this one allow the state to suppress all criticism. Subversion charges are a common fate for Chinas activist bloggers and journalists.

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Chinese Measures for Managing Internet Information Systems, Issued by State Council Order No. 292: What it does:

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Chinese Law: Vague provisions such as banning Web sites that disturb social order are a blank check for Internet censorship. China employs some 30,000 Internet police to keep tabs on its more than 250 million Web users, and holding ISPs responsible for content often leads to widespread self-censorship and the recording of subscribers online and telephone activity.

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C. Chinese Law: MODERN CHINA: STRUCTURE OF GOVERNMENT:Judicial Branch (The courts) continued There are a number of specialized courts, for example those dealing with railway transportation, forest affairs, the People's Liberation Army (PLA) and maritime issues. Jurisdiction is allocated partially through the Constitution, the 1979 Organic Law of the People's Courts, the Law of Criminal Procedure, the Law of Civil Procedure, and the Law of Administrative Procedure. What are the rights of Litigants?

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Chinese Law: Litigants are generally limited to one appeal, on the theory of finality of judgment by two trials. Cases of second instances are often reviewed de novo as to both law and facts. Requests for appellate review take the form of appeals and protests (in criminal cases). Appeals are lodged by parties to the case, defendants and private prosecutors. Protests are filed by the procuratorate in criminal cases when it is believed that an error has occurred in the law or facts as determined by the judgment or order of the court of first instance. In civil cases the procuratorate does not possess a right to file a direct protest, but it can initiate adjudication supervision via a protest. Adjudication supervision refers to a type of discretionary post-"final" decision review, which may occur in certain situations in criminal cases.

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Chinese Consumer Protection Law, Chapter II, Articles 7 and 8: What it says:

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Chinese Law: Companies are expected to maintain safety standards currently established by other companies, and businesses cant be punished for falling behind raised standards established by goods entering the market at a later time.

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Chinese Hukou (Household Registration) System What it does:

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Chinese Law: The hukou system, traces its origins to the fifth century, B.C. Reforms have lifted restrictions in recent years and enforcement has slackened off, but some provinces still have hukou on the books. Migrants who dont meet requirements have trouble obtaining public services such as healthcare or education for their children. Some officials defend the system, warning that too-rapid changes will lead to soaring crime and social chaos. But earlier this year, a government-sponsored report suggested that hukou be scrapped altogether to grant farmers the same status as urbanites.

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