|
Law of the People's Republic of China, officially referred to as the Socialist legal system with Chinese characteristics, is the legal regime of China, with the separate legal traditions and systems of Mainland China, Hong Kong, and Macau. Between 1954 and 1978, there was not very much effort within China to create a legal system. The Communist leadership led by Mao Zedong believed that creating a legal system would restrict the power of the Communist Party of China and create elites which would ultimately harm the socialist revolution. This policy was changed in 1979, and China has formed an increasingly sophisticated legal system. China's legal system is largely a civil law system, reflecting the influence of Continental European legal systems, especially the German civil law system in the 19th and early 20th centuries. On the other hand, Hong Kong still retains the common law system inherited as a former British colony, and Macau employs a legal system based on that of Portuguese civil law. This is part of the One Country, Two Systems theory. They have their own courts of final appeal and extradition policies. As such, respectively, they are not within the jurisdiction of the court system within China, which is only effective within mainland China, but their respective Basic Laws are subject to the interpretation power of the Standing Committee of the National People's Congress. == History == China has a tradition of adopting civil law systems. During the Qing Dynasty, in order to modernise the Chinese legal system, the Chinese government hired Japanese legal experts to copy legal systems from Japan, which stemmed from the German civil law system. () After the establishment of the Republic of China in 1911, the Chinese government maintained the civil law system. Although the CCP abolished all legal systems of the ROC after 1949, its legal system was deeply influenced by the legal system of the Soviet Union, which could also be regarded as a civil law system. The development of the current legal system dates from the late 1970s, after the end of the Cultural Revolution. After more than 30 years of endeavour, the People's Republic of China has established, through enactments by the National People's Congress and its Standing Committee, a rather complete legal system with constitution, civil and commercial law, criminal law, administrative law, economic law, procedural law, etc. In the 2000s, the Weiquan movement began in the PRC, seeking to advance citizens' rights partly by petitioning for enforcement of existing laws, and partly through activism. Lawyers in the movement have seen some court victories, but in other cases they and their families have been ostracized and even tortured for their activities. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Law of the People's Republic of China」の詳細全文を読む スポンサード リンク
|