The People’s Republic of China (PRC) has a civil law system that is based on the continental European civil law system and heavily influenced by the Soviet legal system.
The PRC legal system is based on a hierarchy of laws, regulations, and judicial interpretations. The highest level of law is the Constitution, which is the highest legal authority in the country. Below the Constitution are laws and regulations enacted by the National People’s Congress and its Standing Committee. This includes the Civil Code, Criminal Code, and other codes and laws. Below the national laws and regulations are local laws and regulations enacted by local governments. Judicial interpretations are issued by the Supreme People’s Court and its lower court counterparts, and these interpretations are considered to be authoritative in interpreting the existing laws.
The PRC legal system also includes the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Justice, and local courts and procuratorates. The Supreme People’s Court is the highest court in the country, and is responsible for interpreting and administering the laws of the country. The Supreme People’s Procuratorate is the highest prosecutorial body in the country, and is responsible for prosecuting criminal cases. The Ministry of Justice is responsible for administering the legal system, and local courts and procuratorates are responsible for hearing criminal cases and enforcing the law in their respective jurisdictions.
The PRC legal system is also heavily influenced by socialist legal theory, which emphasizes the role of the state in protecting the rights of citizens and promoting the common good. These principles are incorporated into the PRC’s legal system and are used to interpret and apply the laws of the country.