This chapter focuses on the evolution of China’s socialist legal system, reviewing the NPC’s evolving mandate, from early post-1949 emergency decrees, through the 1954 Constitution’s concentration of legislative power, to the reform-era expansion of delegated and local legislation. It details the procedures by which the NPC and its Standing Committee initiate, deliberate, revise and enact laws. It also pays attention to the constitutional supervision and filing-review system, and the characteristics of the socialist legal system during this evolution. It concludes that the NPC’s institutional design, combining broad representation, centralized decision-making and increasingly transparent processes, has enabled rapid, large-scale legislation that underpins China’s modernization.

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A History of Chinese Socialist Legal System: Its Inception, Formation and Improvement

  • Hu Jian

摘要

This chapter focuses on the evolution of China’s socialist legal system, reviewing the NPC’s evolving mandate, from early post-1949 emergency decrees, through the 1954 Constitution’s concentration of legislative power, to the reform-era expansion of delegated and local legislation. It details the procedures by which the NPC and its Standing Committee initiate, deliberate, revise and enact laws. It also pays attention to the constitutional supervision and filing-review system, and the characteristics of the socialist legal system during this evolution. It concludes that the NPC’s institutional design, combining broad representation, centralized decision-making and increasingly transparent processes, has enabled rapid, large-scale legislation that underpins China’s modernization.