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Business law in China

Legal Framework

Independence of Justice
The judiciary is not independent and is controlled by the Government. The CCP reportedly directs verdicts and sentences, particularly in politically sensitive cases. China has not accepted the obligatory jurisdiction of the International Court of Justice (CIJ).
Equal Treatment of Nationals and Foreigners
The judiciary does not guarantee an impartial trial to a foreign national. A high degree of corruption has been reported in the country and within the CCP.
The Language of Justice
Recourse to an Interpreter
Sources of the Law and Legal Similarities
The legal system is based on the Confucian philosophy of the social order by moral education. After the 1911 revolution, the Republic of China mainly adopted a legal code of Western type inspired by the German law. The establishment of the People's Republic of China in 1949 brought a Soviet system influenced by socialism. There does not exist a tradition of constructive law in China and the first civil code dates from the beginning of the year 1980. As compared to the Western laws, it is written in a rather incomplete fashion, which leaves an important place for arbitrary judgements. The law is subject currently to a progressive reform encouraged by external and internal pressures. The constitution in force currently was promulgated in December 1982.
Checking National Laws Online
China Legislative Network System

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Latest Update: July 2024