On Contemporary Chinese Legal System

The book On Contemporary Chinese Legal System written by Xiaobo Dong and Yafang Zhang takes the socialist legal system with Chinese characteristics as its central research subject. Through meticulous research and in-depth analysis of extensive legal texts, the book adopts a perspective that combines Marxism with Chinese characteristics and utilizes fundamental theories from disciplines such as law, history, and political science. It provides a holistic, insightful, and updated overview of the contemporary Chinese legal system by tracing the development of Chinese legal system from its inception to the modern era, exploring the key milestones and significant reforms that have shaped the current legal landscape in China, and highlighting the socio-political dynamics and factors that influenced policy decisions.

This book adeptly captures the distinct characteristics of Chinese legal system, which are rooted in its national identity and people-oriented nature. The national identity acknowledges that Chinese legal system is deeply influenced by traditional Chinese legal culture such as no lawsuit under heaven and morality given priority over penalty, while also assimilating valuable contributions from foreign legal civilizations. The people-oriented nature highlights the socialist legal system with Chinese characteristics, which places a strong emphasis on prioritizing the well-being of the people. With people-oriented as ‘a guiding legislative principle and core value’ (p. 68), this system effectively safeguards the fundamental interests of the majority and promotes the cause of human rights.

The book is structured into 13 chapters, further grouped into two thematic parts. The first part (Chapters One to Five) lays the theoretical foundation for readers to grasp key concepts and basic theories related to law and legal system. The second part (Chapters Six to Fourteen) delves into a diverse range of legal domains, including constitution, criminal law, administrative law, civil law, commercial law, intellectual property law, economic law, environmental and resource protection law, as well as procedural laws. These chapters seamlessly integrate the unique characteristics of Chinese law within the framework of modern rule of law civilization.

The book commences by providing a detailed introduction to the concept of ‘law’. It traces the etymology of the word, delves into the Marxist perspective on the nature of law (Chapter 1), and examines the differences between civil law and common law system in origins, litigation procedures, the logic of codification, legal classifications, and so on (Chapter 2). After the introduction to source and system of law (Chapter 3), Chapter 4 expounds the operation of law in modern society and examines legal reasoning based on formal logic and dialectical logic and summarizes features of legal interpretation, such as ‘legislative dominance and lack of restraints’ (p. 87). In addition to outlining functions of law, Chapter 5, with a problem-oriented approach, identifies limitations of law caused by the gap between ‘legal formalism’ (p. 97) and social reality.

Constitution of the People’s Republic of China is the fundamental law of the state and has supreme legal force. Therefore, Chapter 6 puts constitution at the centre of attention, providing a detailed explanation of the development and evolution of the Chinese Constitution based on a timeline and discussing its core principles, constitutional rights and duties, constitutional amendment procedures, the role of the constitutional court, and so on. This Constitution affirms, in legal form, the achievements of the struggles of the Chinese people of all ethnic groups and stipulates the fundamental system and task of the state. Chapter 7 turns to criminal law, with a view to definitions, tasks, basic principles and validity of criminal law in general and specific provisions of criminal law. Chapter 8 deals with key issues relevant to administrative law, whose focus is ‘to control and regulate administrative power and protect the legitimate rights and interests of administrative counterparts’ (p. 161). The basic principles of administrative law are ‘legal and rational administration, due process of law, efficiency and convenience for the people, honesty, integration of power and responsibility’ (p.162).

Chapter 9 and 10 present both related and different areas of law—— civil law and commercial law respectively. The Civil Code of the People’s Republic of China came into force on 1 January 2021. The book defines civil law as a general term for the system of legal norms that ‘regulate personal and property relations between natural or legal persons’ (p. 185) and some contents such as general provisions, real rights, contracts, and so on. It is proposed in Chapter 10 that the distinctive features of commercial law include its ‘harmonization of Chinese legal traditions with international practices’ (p. 219), its adaptability to changing economic conditions, and its commitment to fostering a fair and transparent business environment. Chapter 11 delves into the intricacies of intellectual property law and China’s significant strides in strengthening its intellectual property protection regime, enhancing enforcement mechanisms, and increasing penalties for infringement.

Chapter 12 focuses on economic law, whose features include government oversight and intervention in certain sectors, efforts to balance between market forces and state control, and a focus on promoting sustainable growth and social welfare. Chapter 13 describes environmental and resource protection law, addressing critical issues such as pollution control, ecological conservation, natural resource exploitation, and environmental impact assessments. Notable features of China’s environmental law include strengthened enforcement mechanisms, promotion of green technologies, and a focus on addressing issues like air and water pollution, wildlife protection, and climate change. Chapter 14 offers valuable insights into procedural laws, discussing various aspects such as the structure and functions of the judiciary, rules of evidence, court procedures, trial processes, and alternative dispute resolution methods.

The book, centred on contemporary Chinese legal system, proposes a more capacious scope for the working of legal system as manifested in the following perspectives. First, rigorous analysis of various aspects of the Chinese legal system, including legislation, judicial procedures, administrative law, and so on. The authors provide an unbiased assessment, enabling readers to gain a thought-provoking perspective. The answer to the following questions are not clear: ‘Do all aspects of society need adjusting by law? Is there enough space for legal adjustment? Is the law the remedy for all social plagues?’ (p. 95) When addressing these issues, it is crucial to approach them from the point of dialectics and duality of law. Second, incorporation of comparative analysis, drawing comparisons and contrasts between the Chinese legal system and other legal systems around the world. This approach facilitates a deeper understanding of the uniqueness of Chinese legal system which incorporates socialist ideology, elements of Confucianism and harmonious social order.

Overall, the book serves as an important reference and clue for readers to understand China’s initiatives, directions, and realities in advancing the law-based governance, accelerating the construction of a rule of law government, and improving the legal system. This book is an invaluable guide for readers both at home and abroad who want to understand Chinese law and legal system, as well as those who care about and pursue Chinese constitutional system, democracy, rule of law, justice, and equality, as well as parties involved in Chinese law and various types of legal practitioners, professionals, civil servants, teachers and students majoring in law in universities and colleges.