Civil Law System

【Acrylic Painting by Dennis Tang】

China (Mainland China) adopts a civil law system. The civil law system is based on the framework of Roman law, and with core legal principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system of which the intellectual framework comes from uncodified judge-made case law that gives precedential authority to prior court decisions.

China’s legal system covers laws that fall under seven categories and three different levels. The National People’s Congress and its Standing Committee have the power to make laws. The State Council has the right to formulate administrative regulations, and the People’s Congresses and Standing Committees of each provinces and cities have the right to make local statutes. Judges decide cases in accordance with the law and have no legislative power.

The China court adopts the inquisitorial system.

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