introductiontochineselaw.pptVIP

Introduction to Chinese Law;Q: How Unique is Chinese Law Family? ;Its uniqueness lies in…. The multiple legal jurisdictions, The striking Chinese characteristics manifested by the traditional heritage and unique solutions to the problems of transitional economy, and Significant external elements including civil law tradition, common tradition and heritage of former Soviet Union.;One unitary country with multiple legal jurisdictions;legal jurisdiction 法域 / 法律管辖区域：指自有一套法律制度的区域。 legal system 法律体系 / 法律制度：指在一个区域内（国家地区）的能系统存在和运行的法律整体。 legal family / law family / family of law / legal tradition / legal group 法系 / 法律传统：比较法学概念,含义却不很确定。一般可以理解为由若干国家和特定地区的、具有某种共性或共同传统的法律的总称。;Three legal jurisdictions: 1) the People’s Republic of China (PRC) (law), 2) Hongkong Special Administrative Region (HK SAR) (law), 3) Macau SAR law, 4) …;Significant External Influencesbrainstorming;Striking Chinese characteristics;Classification of law;Sources and hierarchy of Chinese law;Sources and hierarchy of Chinese law;;; The hierarchy of laws is determined by the respective legislative bodies. The higher the legislative body is, the higher the validity of such laws. From NPC, SCNPC, SC, local people’s congresses and local governments, the validity of the laws and regulations formulated by them is descending.;Two rules govern the validity of laws and regulations at different levels. 1) The Constitution is of the supreme authority. 2) Laws and regulations at higher levels are superior to those at lower levels How to determine the validity of laws and regulations at the same level then?;;Case Analysis; Assume that the above Standards applied by the court is a ministerial rule. There are other ministerial rules, which are of the same rank with said Standards, such as Methods for Administering Advertisements of Alcoholic Beverage issued by the State Administration for Industry and Commerce in 1995, Provisions on Product Labels and Captions issued by the State Quality and Techni