1. Chinese Constitutional & Administrative Law
Prof. Zhengxin（Charlie）HUO
May 2015

2. List of Abbreviations:
CPC: Communist Party of China
PRC: People’s Republic of China
ROC: Republic of China
CPPCC: Chinese People’s Political Consultative Conference
NPC: National People’s Congress
CMC: Central Military Commission
SPC : Supreme People’s Court
SPP: Supreme People’s procuratorate

3. Table of Contents
Chapter One An Overview of the Constitutional Law in China
Chapter Two
Form of Government: The People’s Congress System
Chapter Three
Structure and Operation of Administrative Authorities
Chapter Four
The Relationship between Central and Local Governments
Chapter Five
The Judicial Institution in China
Chapter Six
A Brief Introduction to Chinese Administrative Law

4. Chapter One An Overview of the Constitutional Law in China
1.1 A Brief History of Chinese Constitution
Development before 1949
Constitutionalism in modern China dates back to the late 19th century when a written Constitution was perceived as a tool to save the late Qing Dynasty.
In 1911, the Qing Dynasty enacted the first written constitution in China.
On February 12, 1912, Republic of China was established, and Dr. Sun Yat-sen, the interim President, promulgated the Interim Constitution after it was approved by the Senate.

5. 1.2.2 Development after 1949
(1) The Common Program of the CPPCC of 1949
This document is defined as the Interim Constitution of P.R.C which did not incorporate socialism.
(2) The Constitution of 1954
Its most important function was to legitimize the political target of socialist transformation.
(3) The Constitution of 1975
Its objective was to consolidate the so-called “the great achievements of the Cultural Revolution”.
(4) The Constitution of 1978
Its purpose was to bring the state back on normal track.
(5) The Constitution of 1982

6. 1.2 Fundamental Principles of Chinese Constitutional Law
1.2.1 Introduction
There are two general categories of such fundamental constitutional principles in China.
1.2.2 Four Cardinal Principles
(i) to keep to the socialist road,
(ii) to uphold the people’s democratic dictatorship,
(iii) leadership by the Communist Party,
(iv) Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, and the important thought of Three Represents.

7. 1.2.2.1 The Principle of Leadership by the Communist Party
The Principle of Marxism-Leninism and Mao Zedong Thought, Deng Xiaoping Theory and the Important Thought of Three Represents
The Principle of People’s Democratic Dictatorship
Principle of Adherence to Socialism

8. 1.2.3 Other Fundamental Principles of Chinese Constitutional Law
Sovereignty of the People
2.3.2 Rule of Law Principle
2.3.3 Equality of All Nationalities
2.3.4 Protection of Basic Human Rights

9. Chapter Two Form of Government: The People’s Congress System
2.1 Introduction
2.2 The Difference between the People’s Congress system and the Parliamentary System
2.3. The Organizational Structure of the people’s Congress

10. 2.4 The Functions of People’s Congress
2.3.1 The National People’s Congress
NPC is the supreme organ of state power in China. A total of 2,987 deputies were elected to the current 12th NPC before it convened its first session in March 2013.
2.3.2 Local People’s Congress
Local people’s congresses at various levels are local organs of state power.
2.4 The Functions of People’s Congress
2.4.1 Legislative Power
National Legislatures

11. First, the NPC has the power to amend the Constitution.
Second, The NPC has the authority to enact and amend basic laws pertaining to criminal offences, civil affairs, state organs and other matters.
Third, The Standing Committee enacts and amends all laws except laws that should be enacted and amended by the NPC. When the NPC is not in session, its Standing Committee may partially supplement and amend laws it enacted, provided that the changes do not contravene the laws’ basic principles.

12. 2.4.1.2 The Distribution of Central and Local Legislative Authorities
“the non-contradiction principle”
2.4.2 Power of Appointment and Removal
2.4.3 Decision Making Authority
2.4.4 Supervision Authority

13. Chapter Three: Structure and Operation of Administrative Authorities
3.1 Introduction
(1) The President of the PRC,
(2) The State Council,
(3) The Central Military Commission（CMC）,
(4) The Supreme People's Court (SPC),
(5) The Supreme People's Procuratorate (SPP).

14. 3.2 The Head of State – President of the PRC
3.2.1 The Office of President under the 1982 Constitution
i. The Requirements
ii. The Authorities
3.3 The Central Military Commission

15. 3.5 Authorities of the State Council
3.4.1 The Legal Status of the State Council
3.4.2 Organization within the State Council
3.5 Authorities of the State Council
3.5.1 Legislative Authority
5.5.2 Other Authorities
Administrative Leadership Authority;
Administrative Supervision Authority;
Personnel Arrangement Authority.

16. Chapter Four The Relationship between Central and Local Governments
4.1 Introduction
4.2 Varieties of Local Governments in China
(i) Provinces (22),
(ii.) Municipalities directly under the leadership of the CPG(4);
(iii) Ethnic minority autonomous regions (5);
(iv) Special administrative regions (2);
(v) Taiwan

17. 22 Provinces: A standard provincial government is nominally led by a provincial CPC committee, headed by a CPC committee secretary. The committee secretary is first-in-charge of the province, come in second is the governor of the provincial government.
5 Autonomous regions: A minority subject which has a higher population of a particular minority ethnic group along with its own local government, but an autonomous region theoretically has more legislative rights than in actual practice. The governor of the Autonomous Regions is usually appointed from the respective minority ethnic group.

18. 4 Municipalities: A higher level of city which is directly under the Chinese government, with status equal to that of the provinces. In practice, their political status are higher than common provinces.
2 Special administrative regions (SARs): A highly autonomous and self-governing subnational subject of the People's Republic of China. Each SAR has a provincial levelchief executive as head of the region and head of government. The SAR's government is not fully independent, as foreign policy and military defence are the responsibility of the central government, according to the Basic Laws of the two SARs.

19. 1 Claimed province: The People's Republic of China claims the island of Taiwan and its surrounding islands. The territory is controlled by the Republic of China (ROC, commonly called "Taiwan").

20. 4.3 The Development of Central-Local Relationship in China
4.3.1 The Period from
4.3.2 The Period from
4.3.3 The Period from 1978-present
4.4 Examination of the Three Kinds of Central-Local Relationships
4.4.1 Relationship between the Central Government and Ordinary Provinces and Municipalities
That stage has been described as the stage of division of powers between the central government and local governments through administrative means.

21. 4.4.2 The Relationship between the Central Government and the Five Ethnic Minority Autonomous Regions
Law of PRC on Regional National Autonomy （1984）
First, on the principle of not contravening the Constitution and the laws, the organs of self-government of national autonomous areas shall have the power to adopt special policies and flexible measures in the light of local conditions to speed up the economic and cultural development of these areas.
Second, the organs of self-government of national autonomous areas shall guarantee the freedom of the nationalities in these areas to use and develop their own spoken and written languages and their freedom to preserve or reform their own folkways and customs.

22. Third, The organs of self-government of national autonomous areas shall guarantee the freedom of religious belief to citizens of the various nationalities.
Fourth, they enjoy autonomous authority in the administration of local finance.
Fifth, if a resolution, decision, order or instruction of a state organ at a higher level does not suit the conditions in a national autonomous area, the organ of self-government of the area may either implement it with certain alterations or cease implementing it after reporting to and receiving the approval of the state organ at a higher level.
In practice, the five regions receive a more advantageous status in economic field, while in political and legal areas, they are also controlled tightly by the Central Government.

23. 4.4.3 Relationship between the Central Government and the SARs
Pursuant to the two basic laws, the two SARS really enjoy a high degree of autonomy in almost every area except two: foreign affairs and national defence.

24. Chapter Five The Judicial Institution in China
5.1 The Legal Status of the People’s Courts and People’s Procuratorates
5.2 The People’s Courts

25. 5.2.1 The Fundamentals of China's Judicial System
Open Trials
Defense System
Second Instance Being Final
System of Collegial Panels
System for Verification of Death Penalty Cases

26. 5.3 The People’s Procuratorate
5.3.1 The Status and Nature of the People’s Procuratorate
The People’s Procuratorates are the State's organs for legal supervision that exercise the power of prosecution.

27. 5.3.2 Functions of Procuratorates
Investigation Function
(1) crimes of embezzlement and bribery;
(2) crimes of dereliction of duty;
(3) crimes in violation of citizens’ personal and democratic rights.
Prosecution Function
In comparison with the function of investigation, prosecution is the main function of people’s procuratorates.
Supervision Function
The Limits of People’s Procuratorate

28. Chapter Six A Brief Introduction to Chinese Administrative Law
6.1 What is Administrative Law?
Administrative law is a separate area of law that deals with government bodies engaging in administration, that is, public work and management and the provision of public services.

29. 6.2 Major Chinese Administrative Laws
(1) Administrative Litigation Law (1990)
For the first time in the history of China, the citizen is given the right to sue the government if his/her legal interest is harmed by a narrowly defined category of official actions.
(2) Administrative Reconsideration Law(1999)
It provides an alternative remedy for the private party to challenge the government, by asking a government of a higher level to re-considerate the administrative act by a lower-level government.
(3) State Compensation Law(1994, revised in 2010)
It provides a more systematic framework for citizens obtaining compensation for harms and injuries suffered from the administrative activities or criminal investigation.

30. Concluding Remarks
The past three decades have witnessed an amazing acceleration in the rate of, and significant progress in the quality of, legislation in China.
Nevertheless, there is a long way to go towards accomplishing the task of building a modern legal system.

31. Thanks!