Students’ Guide to Legal Materials of
the People’s Republic of China
2011 / 2012
by
Madeleine C. LEE
Former Senior Assistant Librarian
Updated by
Lai Chu LAU
Section Coordinator
(Do not cite without the authors’ written consent)
Law Section
Run Run Shaw Library
CONTENTS
1. PRC Legal System ............................................................................................................. 1
2. Statutory Compilations in English ......................................................................... 6
3. Statutory Compilations in Chinese......................................................................... 8
4. PRC Cases in English ...................................................................................................... 9
5. PRC Cases in Chinese ................................................................................................... 10
6. Judicial Interpretations................................................................................................ 10
7. Secondary Sources ........................................................................................................... 11
1. PRC Legal System
Why is PRC law important to Hong Kong law students?
The PRC law is important
• because the Basic Law of Hong Kong is enacted by the National People’s Congress in accordance
with the Constitution of the PRC,
• because Hong Kong law is very different from PRC law,
• when you are working on a case which involves PRC law,
• when you are writing an essay on the comparative study of Hong Kong law and PRC law.
In what way is the PRC law different from Hong Kong law?
The PRC legal system belongs to the civil law tradition and not to the common law such as Hong Kong
law.
What is the civil law tradition?
• The civil law tradition is also known as the continental legal tradition.
• The sources of the civil law tradition are mainly STATUTES and WRITTEN DOCUMENTS.
• Cases (decisions of courts) do not have the same authority or binding force as they do in the common
law tradition.
Who makes PRC laws?
PRC laws are made by the following bodies:
• At the central level:
o National People’s Congress (NPC)
o National People’s Congress Standing Committee (NPCSC)
o State Council
o Supreme People’s Procuratorate (has power to issue judicial interpretations)
o Supreme People’s Court (has power to issue judicial interpretations)
• At the local levels, the same pattern of structure can be observed.
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For a detailed illustration, please refer to the chart below:
LEGAL SYSTEM OF THE PRC
GOVERNMENTAL STRUCTURE OF THE PRC 1
1
The page was reproduced from: Wang Chenguang. (Ed.). (1997). Introduction to Chinese Law (p.17). Hong
Kong : Sweet & Maxwell Asia, with the approval of the Sweet & Maxwell Asia.
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What is the structure of PRC law?
• The NPC is the highest state organ which has the unitary legislative power over the entire nation.
• The NPC delegates legislative powers to local people’s congresses and the central and local
governments.
• The PRC legal structure is illustrated in the chart below:
STRUCTURE OF THE CHINESE LAW 2
2
The chart was reproduced from: Wang Chenguang. (Ed.). (1997). Introduction to Chinese Law (p.19). Hong
Kong : Sweet & Maxwell Asia, with the approval of the Sweet & Maxwell Asia.
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What are the sources of PRC legal rules?
The PRC legal rules include:
•
•
•
•
•
•
•
•
•
•
•
Constitution
Law
Administrative Regulations
Administrative Rules
Local Regulations
Local Administrative Rules
Autonomous Regulations and Special Regulations
Autonomous Rules
Regulations by Special Economic Zones
Judicial Interpretation
International Treaties
Who interprets PRC laws?
The interpretation of laws in the PRC can be categorized as follows:
• Legislative interpretation (lifa jieshi 立法解釋) made by the NPC Standing Committee
• Judicial interpretation (sifa jieshi 司法解釋) made by
o the Supreme People’s Court
o the Supreme People’s Procuratorate
o the NPC Standing Committee shall resolve the differences between the interpretations made by
the two said bodies
• Administrative or executive interpretation (xingzheng jieshi 行政解釋)
• Interpretation of laws at the local levels
NPC Standing Committee
The NPC Standing Committee shall interpret or enact decrees
(faling 法 令 ) on legal provisions which requires further
clarification of supplementation. Known as “legislative
interpretation” (lifa jieshi 立法解釋).
Supreme People’s Court
The Supreme People’s Court may interpret points of law arising
from the concrete application of the law in the adjudicative work
of the Courts. Known as “judicial interpretation” (sifa jieshi 司法
解釋).
Supreme People’s Procuratorate
The Supreme People’s Procuratorate may interpret points of law
arising from the concrete application of the law in procuratorial
work. Also known as “judicial interpretation” (sifa jieshi 司法解
釋).
Administrative or executive
interpretation
The State Council and its relevant departments may interpret
points of law arising from the concrete application of the law in
areas other than adjudicative and procuratorial work. Known as
“administrative or executive interpretation” (xingzheng jieshi 行
政解釋).
Local levels
Local congresses, governments and courts may interpretate
relevant points of law.
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What is the position of case law in the PRC legal system?
• Cases (decisions of courts) do not have the same authority or binding force as they do in the common
law tradition.
• In some instances, cases of the Supreme People’s Court have binding effect on lower courts in
practice.
• It is a resource to find the latest laws.
What is the position of international law in the PRC legal system?
• With the PRC’s entry to WTO, international law is automatically implemented as part of the PRC
law.
• Where there is a conflict between the domestic law and the international treaty, the international
treaty prevails.
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2. Statutory Compilations in English
Where will I find PRC laws and regulations in ENGLISH?
To find the English version of a PRC law or regulation is sometimes quite a challenging task. You may
need to go through several sources.
• Printed materials
• Electronic resources
• Printed materials
You can find the English version of the major PRC laws and regulations in the following
publications. They are updated on a regular basis.
o Laws of the People’s Republic of China
 The Laws of the People’s Republic of China is compiled by the Legislative Affairs
Commission of the Standing Committee of the National People’s Congress of the PRC.
 Published annually; usually about a couple of years behind the current date.
 It is an English translation of 中華人民共和國法規彙編 .
 As this publication arranges the legislation in chronological order, you can find a document
only if the promulgation year is known.
o China Laws for Foreign Business (1985– )
 Has Chinese title: 中國對外經濟貿易法規匯編 .
 Text in English and Chinese.
 Loose-leaf updating service published by CCH Asia Pacific.
 Contains a selection of the business laws and regulations of the PRC, so if you are not looking
for business / economic law, simply skip this publication.
 The volume contents are as follows:
 v.1 pts. 1–6 Index (in English only); Business Regulation
 v.2 pts. 1–3 Taxation & Customs
 v.3 pts. 1–4 Special Zones and Cities
To find a law or regulation in the China Laws for Foreign Business, follow these steps:
English Index (in volume 1)

Locate the full-text in the appropriate volume
o China Law and Practice (1987– )
 Published by Asia Law & Practice in Hong Kong.
 The section of New Law Digest provides relevant information pertaining to new laws,
regulations, judicial and administrative decisions: promulgating and effective dates, abstract,
related legislation, etc.
 Full-text translation is available for selected documents.
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• Electronic resources
The Library subscribes to a number of PRC law databases. To use these databases, go to this web site
and select the appropriate titles, URL—http://www.cityu.edu.hk/lib/collect/law/subjres/lawdb.htm.
Most of our databases can be accessed both on campus and remotely. For instructions on remote
access, please visit this web page,
URL—http://www.cityu.edu.hk/lib/instruct/guides/eresguid/remote.htm. As electronic resources
are updated more frequently than printed materials, they are good tools for locating recent
legislation.
o pkulaw (previously known as LawInfoChina)
A library subscription with English translation of selected documents.
o China Law and Practice
This is the online equivalent of the printed publication with browsing and searching functions.
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3. Statutory Compilations in Chinese
Where will I find PRC laws and regulations in CHINESE?
To find PRC laws or regulations in Chinese, go through the following sources especially if you are
searching for a business or economic law or regulation:
• Printed materials
• Electronic resources
• Printed materials
You can find the original text of the major PRC laws and regulations in the following publications.
They are updated on a regular basis.
o 中華人民共和國法律法規（活頁） (1995– )
 Has English title: Laws and Regulations of the People’s Republic of China (Loose-leaf).
 Text in Chinese only.
 Contains the current and effective laws and regulations of PRC.
 The volume contents are divided into 7 sections:
 憲法 (Constitutional Legislation)
 民法，商法 (Civil and Commercial Legislation)
 行政法 (Administrative Legislation)
 經濟法 (Economic Legislation)
 社會法 (Social Legislation)
 刑法 (Criminal Legislation)
 訴訟及非訴訟程序法 (Legislation on Litigation and Non-Litigious Process)
To trace a law or regulation in this set, first identify a relevant section. Next go to the table of
contents pages of that section and look for the document concerned. Then turn to the particular
volume as indicated there.
o 中華人民共和國法規彙編 (1954–1963; 1979– )
 An authoritative compilation published annually.
 Contains legislation promulgated by the National People’s Congress and the NPC Standing
Committee during the year.
To find a law or legislation in this set, you have to know its promulgation year. Next go to the
table of contents pages of that annual volume and find the document.
o 中華人民共和國全國人民代表大會常務委員會公報 (1961–1966; 1983– )
 The official Gazette of the NPC Standing Committee.
 Published irregularly.
 Includes:
 laws made by the NPC and its Standing Committee,
 working reports of the State Council, the Supreme People’s Court, the Supreme People’s
Procuratorate,
 announcement of appointments to public office,
 international treaties, agreements, etc.
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o 中華人民共和國國務院公報 (1980– )
 The official Gazette of the State Council.
 Published three times monthly.
 Includes:
 certain laws passed in the NPC and NPC Standing Committee,
 administrative regulations made by State Council,
 departmental administrative regulations,
 announcement of appointments to public office,
 certain international treaties, agreements, communicates and other diplomatic documents.
• Electronic resources
Full text of PRC legislation in Chinese is available from library subscribed databases and Internet
web sites. To use library subscribed databases, go to this page and choose the appropriate titles,
URL—http://www.cityu.edu.hk/lib/collect/law/subjres/lawdb.htm. Most library subscribed
electronic resources can be accessed on campus and off campus. For instructions on remote access,
please visit this web page, URL—http://www.cityu.edu.hk/lib/instruct/guides/eresguid/remote.htm.
To use free Internet resources, browse the page at
URL—http://www.cityu.edu.hk/lib/collect/law/subjres/lawctry.htm#china.
o Library subscribed databases
 北大法寶 (previously known as Chinalawinfo.com)
 INFOBANK 中國資訊行
 China Law and Practice
o Internet web site
 Ministry of Justice of the PRC web site 中國普法網 URL—http://www.legalinfo.gov.cn/
4. PRC Cases in English
Where can I find PRC cases in ENGLISH?
Only limited PRC court cases have been translated into English, they are available from:
• Library subscribed databases:
o pkulaw (previously known as LawInfoChina)
• Printed material
o China Law Reports (1991–1994, ceased publishing)
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5. PRC Cases in Chinese
Where can I find PRC cases in CHINESE?
The PRC cases in Chinese can be found in the following printed and electronic sources:
• Printed sources
o
o
o
o
o
o
o
o
o
o
o
人民法院案例選 (1992– )
中國審判案例要覽 (1992– )
中華人民共和國最高人民法院公報 (1985– )
中華人民共和國最高人民檢察院公報 (1990– )
中華人民共和國最高人民法院判案大系 (2003)
中華人民共和國典型審判案例全書 (1998)
中華人民共和國現行法律判例分析全書 (1995)
中華人民共和國最高人民法院司法解釋全集 (period covered: 1949–1996)
判案選編 (period covered: 1949–1989)
最高人民法院，最高人民檢察院…司法解釋和公佈案例 (1993–1996)
最高人民法院公報案例大全 (2009)
• Library subscribed databases
o 北大法寶 (previously known as Chinalawinfo.com)
• Internet web sites
o 中國法院網 URL—http://www.chinacourt.org/
6. Judicial Interpretations
Where will I find Judicial Interpretations?
You will find them electronically in these library subscribed databases
• 北大法寶 (in Chinese) (previously known as Chinalawinfo.com)
• pkulaw (in English) (previously known as LawInfoChina)
• INFOBANK 中國資訊行 (in Chinese)
or in printed publications listed below:
•
•
•
•
•
•
•
•
•
•
•
中華人民共和國最高人民法院公報 (1985– )
判解硏究 (2000– )
法律工作手册：中華人民共和國最新法律法規規章及司法解釋 (2001– )
最高人民法院司法解釋 (2003– )
新中國司法解釋大全 (1990/92–2001/02)
最高人民法院最新刑事法律司法解釋彙編 (2003)
中華人民共和國常用司法解釋全書 (2006)
中華人民共和國法律法規及司法解釋分類彙編 (1999)
中華人民共和國常用司法解釋要覽： 1997 年版
中華人民共和國最高人民法院司法解釋（活頁） (1998–2000)
中華人民共和國最高人民法院司法解釋全集 (period covered: 1949–1996)
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7. Secondary Sources
What are the secondary sources of the PRC legal information?
The secondary sources of the PRC legal information include:
•
•
•
•
•
•
•
•
•
law books
encyclopaedias
digests
periodicals
dictionaries
directories
theses / dissertations
government publications
electronic resources
Where will I find the secondary sources?
The best and quickest way to find books, periodicals and other secondary sources on Chinese law is to
access our Library Catalogue URL—http://lib.cityu.edu.hk/ and locate the books on the shelves by call
number, English journals by title and Chinese journals by character stroke. Electronic databases,
electronic journals and electronic books can be used directly from the Library Catalogue by clicking the
hyperlinks provided in the records.
Where will I find law reviews on a topic or a statute?
You will find law reviews on a topic or a statute in the following sources:
ENGLISH sources:
Search the following library subscribed databases
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•
•
•
•
•
•
China Hand
China Law and Practice (also available in printed format)
HeinOnline
Lexis.com
Westlaw International
Wilson Index to Legal Periodicals and Books
Yahoo!: China URL—http://dir.yahoo.com/regional/countries/china/ (a free web site)
CHINESE sources:
Search the following library subscribed databases
• 中國期刊全文數據庫 China Academic Journals Full-text Database
• INFOBANK 中國資訊行
• 中國人民大學書報資料中心報刊資料 , search 馬列哲學 、 政治法律 、 社會總論 (CD-ROM
available in Pearl River Delta and Yangtze River Delta Collection of the Library)
• 中國雅虎 URL—http://cn.yahoo.com/ (a free web site)
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