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Rule of Law
Cover Stories Series 2012> Rule of Law
UPDATED: April 2, 2011 NO. 14 APRIL 7, 2011
Improving the Legal System
Even with established laws, China still faces the arduous task of developing its structure of laws more completely
By YIN PUMIN
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The NPC Standing Committee also plans to enact the Law on Mental Health, Law on Administrative Coercion and Law on Entry and Exit Administration this year.

Wu said the NPC Standing Committee would push relevant departments to promptly enact supporting regulations and do the follow-up work of amending laws and regulations well.

"A priority is to push the Supreme People's Court, the top judicial body, and the Supreme People's Procuratorate, the top procuratorial body, to complete the group review of judicial interpretations currently in force," Wu said.

Xin Chunying, Deputy Director of the Legislative Affairs Commission of the NPC Standing Committee, said, "Improving China's system of laws is a long-term task. We need to attach importance to amending the current laws. We must also pay attention to the enactment of related laws to promote the development of the system. We need to implement new laws in line with social development."

Wu also said the viability of laws in their enforcement. He said the issue of ensuring laws are observed and strictly enforced has become more pronounced and pressing.

Wu also vowed the Constitution and laws would be upheld. "No organization or individual has any privileges that transcend the Constitution and laws, and all violations must be prosecuted," he said.

"To improve the situation, it is paramount to enhance the awareness of laws, so people learn to use them to safeguard their legitimate rights and interests," said Li Fei, Deputy Director of the Legislative Affairs Commission of the NPC Standing Committee.

Legislative Agenda For 2011

Amended:

- Budget Law

- Law Concerning the Prevention and l Control of Occupational Diseases

- Criminal Procedure Law

- Civil Procedure Law

- Organic Law of Local Governments

- Military Service Law

Enacted:

- Law on Mental Health

- Law on Administrative Coercion

- Law on Entry and Exit Administration

Major Laws in Force

Marriage Law

In 1950, just one year after its founding, the People's Republic of China (PRC) enacted its first law, the Marriage Law, which outlaws arranged marriages, a practice considered a legacy from the feudal society.

Constitution

In 1954, the PRC enacted its first Constitution, paving the basis for the country's endeavor to build a country ruled by law. The last three versions of the Constitution were adopted in 1975, 1978 and 1982. The 1982 version underwent four amendments in 1988, 1993, 1999 and 2004.

Criminal Law

In 1979, the PRC enacted its first Criminal Law, which had only 192 articles. After that, 25 specific criminal regulations and hundreds of criminal items of non-criminal laws were passed. The National People's Congress added all regulations to the law's amendments from 1982 and the work was finished in 1997.

Criminal Procedure Law

In 1979, the Criminal Procedure Law was enacted, clearly outlining the responsibilities of the public security organ, the procuratorate and the court. It was amended in 1996.

The General Rules of Civil Law

The rules of civil law were drafted in 1954 and suspended several times since then. In 1986, the General Rules of Civil Law was enacted. It adapts to the development of the market economy by adjusting property and personal relations among equal parties.

Administrative Procedure Law

In 1989, the Administrative Procedure Law was enacted. It enables citizens to sue governments and their departments at all levels if their rights or interests were violated by administrative decisions or moves.

Civil Procedure Law

The PRC enacted its Civil Procedure Law in 1991. The law protects civil rights of all parties in litigation and promotes impartial justice. As Chinese society changed, a new version was adopted in 2007, when retrial and enforcement procedures were revised.

Contract Law

The Contract Law was enacted in 1999, serving as a guiding principle for handling contract disputes against the backdrop of a market economy.

Administrative Licensing Law

With China's entry into the WTO, protecting public interests and standardizing officials' administration became urgent. With the Administrative Licensing Law becoming effective in 2003, administrative organs took on a new look in terms of altering their functions from a strictly administrative to a multi-functional one.

Property Law

The Property Law was enacted in 2007. The law went through the longest deliberation by the National People's Congress because it adjusts the most complicated property relations among different sectors. It recognizes and protects legal private properties and represents a combination of human rights protection and the rule of law.

(Source: Xinhua News Agency)

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