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Chana’s Law 中国法律 Liuke 刘 科
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Preface Long history of legal system in China Difference from other countries Rule of law as a basic strategy in China
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I. Course of Legal System & Nomocracy Construction Retrospect of Last Century From mid-19 th century, China became a semi- colonial and semi- feudal society. Some Chinese people tried to learn from the legal model of modern Western nations to strengthen China.
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In early 20 th century, China passed through the late of Qing Dynasty. The government tried to revise the law on the line of western legal model.In 1908, the government issued the Outline of Imperial Institution granted by the Emperor. It is the first written constitutional document in history.
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1949.10.1 PRC-People’s Republic of China under the leadership of CPC ( Communist Party of China )
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Constitution 1954(1954-1976) The constitution of the PRC passed in the First Session of the First National People ’ Congress, which is the first socialism constitution in China.
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Recovery and Reconstruction of Legal System 1982, the amendment Draft of the Constitution of the PRC was published
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II. Legislation, Jurisdiction & Law Enforcement 1.People’ Congress 人民代表大会 & Legislatures 立法机关 ( 1 ) PRC (中华人民共和国) is a united multinational socialist country. (2) NPC (National People’ Congress 全国人民代表大会 ) is the primary position and any other State organs should not surpass.
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II.1.2 NPC and it standing committee The Great Hall of the People, the office for NPC and standing committee of NPC
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One country two systems
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II. Legislation, Jurisdiction & Law Enforcement 2.Election of People’s representatives (1) NPC is composed of the representative selected from the province, autonomous regions, and bigger cities, and the armies. (2) Two way to generate representatives one is nominated by the organization; the other is the candidates jointly nominated by voters.
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In May 2003, a citizen of Shenzhen,Wang Liang, was selected as Fourth session representative of Futian District,Shenzhen city, Guangdong province. Wang Liang A representative from Hunan Province
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II. Legislation, Jurisdiction & Law Enforcement 3.Judicature and Law Enforcement System Judicature——the activity that apply the laws Judicial organs includes : the Supreme People’s Court, local people’s courts, and special people’s courts as military courts.
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III. Constitution-based Legal System 1.Establishment of Legal System Administrative laws 34.9% Economic laws 23.3% Constitution-related 16.4% Civil & commercial laws 14.7% Social laws 7.3% Procedural laws 3.0% Criminal laws 0.4%
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III. Constitution-based Legal System 2.Major Contents of Constitution Four Cardinal Principles: Social road; The people ’ s democratic dictatorship; Leadership by the Communist Party of China; Marxism-Learning and Mao Zedong thought.
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III. Constitution-based Legal System 3.Respecting & Securing Human Rights to focus on the dignity of people to put people first Wenchuan earthquake
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Official figures (as of July 21, 2008 12:00 ) state that 69,197 are confirmed dead, including 68,636 in Sichuan province, and 374,176 injured, with 18,222 listed as missing
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Chinese Constitution, Criminal Law, General Principles of the civil Law stipulate on protecting citizens ’ life and health. The citizen ’ s right to personal name, honor, and portrait are provided in the civil Law. No administrative regulation or local regulation shall impose any penalties on people ’ s freedom.
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The vagrants in cities wear cotton-padded jacket. Their condition is gradually changing under the new law.
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