China has a unitary legal system and all state power flows from the central government, which sits in Beijing. Local governments and authorities only have such power as the central government chooses to delegate to them.

Generally speaking, there is a tripartite division of state power in China: legislative power, judicial power and administrative power.

1. Legislation in China

China’s legislative system has more in common with the legislative systems of continental Europe than with common law systems, but it also contains a number of important elements borrowed from the former Soviet Union or inherited from traditional Chinese law. In essence, in China, only laws enshrined in statute have formal effect and precedent or ...

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