Chinese Legal System (1979-2019), Historical Development And Overview

Significant attention within the sphere of China studies in India is devoted to topics associated with foreign policy and security aspects of the bilateral relationship. Over the last decade, as economic engagement with China expanded, bilateral trade and investment have also received some attention. The space devoted in India to study China’s non-political domestic institutions is still inadequate.

One of the main pillars for China’s economic development in the post-1978 era has been its legal system. Whether it is for regulating foreign investment or reforming its State-owned enterprises into global companies, China’s legal system was in a constant state of reform in the period leading up to its WTO accession. In the post-WTO accession, phase attention shifted to legal reforms that were important for the domestic economy and society. Today’s legal reforms address the challenges of the digital age. Given the significant role played by the legal system, a historical overview of the development of China’s legal system and its legal institutions is a useful lens to understand Chinese society. The contents of this book are a result of a broad-based collaboration between several leading legal scholars in China and an Indian practitioner. It represents the first step towards exposing the Indian audience to an accessible examination of China’s legal system. Apart from providing a historical overview of the legal system, the book covers broad topics such as legislative process, administrative system, judiciary, legal education and profession, civil, criminal and commercial law, intellectual property law, economic law, labour and social security law, and environmental resources law and covers the period 1979–2019.

This book paves the path for more publications of this nature that can delve deeper to focus on recent legislation such as the FDI law, Cybersecurity law, National Intelligence law and the Civil Code which have far-reaching impacts on internal and external aspects of China’s society.

I congratulate the authors, editors, and publishers on bringing out this book that fills a gap between Indian legal academic and China Studies literature.

—Ambassador Ashok Kantha
Director, Institute of Chinese Studies, New Delhi and
Former Indian Ambassador to the People’s Republic of China

1. A Brief Development History of Chinese Laws
2. Legislative System of China
3. Administrative System
4. Judicial System
5. Legal Education, Legal Professions and Legal Services
6. Administrative Law
7. Criminal Law
8. Civil Law
9. Commercial Law
10. Intellectual Property Law
11. Economic Law
12. Labour and Social Security Law
13. Legal Systems of Environment and Resources