The formation of the Chinese legal system, the Chinese legal system

China's legal system is generally composed of seven parts: the Constitution and related laws under the Constitution, civil law, commercial law, administrative law, economic law, social law, criminal law, and litigation and non-litigation procedure law.

China is a civil law country, also known as civil law or statutory law. It is a legal system based on legislation, and there is no precedent in China, and everything is judged according to law; It is based on written legal principles as the standard of adjudication, and other countries in the world that follow this system include France, Germany, Japan and other countries.

The details are as follows: 1. The United Kingdom is a country with a common law system, that is, common law, and the British Constitution is a typical unwritten law, which is adjudicated according to precedents, that is, a constitution without provisions, and judges use customary law and previous precedents as the standard for adjudication. China's civil law is mainly based on written laws, regulations, conventions and other normative documents, but does not include judicial precedents;

2. The common law of the United Kingdom includes both statutory laws and precedents. Moreover, the case law constituted by precedents occupies a very important place in the whole body of law. The outcome of the previous case will affect the trial of similar cases in the future.

The legal profession in the UK has a certain reputation in the world, and the industry also has a certain prestige. Every year, students from all over the world choose to study law in the UK. Laws are the products of the state, and refer to the basic laws and ordinary laws promulgated by the ruling class after a certain legislative process in order to achieve the goal of ruling and administering the country.

The law is the embodiment of the will of the ruling class, the ruling instrument of the state;

3. China's legal system has been basically formed, and the 10th National People's Congress (NPC) has proposed that the goal of the legislative work of the current NPC and its Standing Committee is to "basically form a socialist legal system with Chinese characteristics", and the legislative focus will be on "improving the quality of legislation". According to a responsible person of the Legislative Affairs Commission, the basic formation means that on the basis of the initial formation, the laws of each legal department that are supportive, urgently needed in reality, and ripe for the conditions will be formulated and revised.

Legal basis

Constitution of the People's Republic of China

Article 27 All State organs shall implement the principle of streamlining, implement the work responsibility system, implement the training and evaluation system for staff, continuously improve the quality and efficiency of work, and oppose bureaucracy. All state organs and functionaries must rely on the support of the people, always maintain close ties with the people, listen to the people's opinions and suggestions, accept the people's supervision, and strive to serve the people. State functionaries shall take a constitutional oath publicly in accordance with the provisions of law when taking office.

1. China's legal system is a socialist rule of law system with Chinese characteristics.

2. In accordance with the requirements of the General Outline of the Constitution of the Communist Party of China, the Communist Party of China leads the people in developing socialist democratic politics. Adhere to the organic unity of the party's leadership, the people being the masters of the country, and governing the country according to law, follow the path of socialist political development with Chinese characteristics, expand socialist democracy, and build a socialist rule of law system with Chinese characteristics.

1. Public, private and social law.

The division between public law and private law was first proposed by the ancient Roman jurist Urbian, public law is the law of the Roman state, and private law is the law of personal interests.

According to this standard, private law such as civil law and commercial law all follow the principle of party autonomy, establish property ownership, and protect the parties' pursuit of their own interests. Public law, such as administrative law, criminal law, and procedural law, is a law that uses state power to make macro adjustments to the distribution of social wealth and adjust the relationship between the state and citizens.

With the development of society, the phenomenon of legal socialization has emerged, and a new kind of law has been formed, that is, social law, such as the social security law.

This is due to the existence of independent social interests, which are neither national nor private. For this reason, social law is referred to as a law that lies somewhere between public law and private law.

There are differences between public law, social law and private law in terms of adjustment objects, adjustment methods, legal standards, value objectives, etc.

China's legal system includes: Constitution, administrative law, civil and commercial law, economic law, labor and social security law, natural resources and environmental law, criminal law, procedural law, military law and international law.

Legal analysis: laws, administrative regulations, local regulations, rules, customs, etc.

Legal basis: Article 5 of the Constitution of the People's Republic of China The People's Republic of China implements the rule of law and builds a socialist country under the rule of law.

The state upholds the unity and dignity of the socialist legal system.

All laws, administrative regulations, and local regulations must not contradict the Constitution.

All state organs and armed forces, all political parties, all social organizations, and all enterprises and institutions must abide by the Constitution and laws. All acts that violate the Constitution and the law must be investigated.

No organization or individual may have privileges that go beyond the Constitution and laws.