Chinese Legal Terms A-D with Pinyin and Definitions
This glossary defines essential Chinese legal terms with pinyin romanization from A through D, organized alphabetically by pinyin.
A
Anquan (安全) — Security; safety. A foundational concept in Chinese law, appearing in contexts ranging from national security (国家安全, guójiā ānquán) to public safety (公共安全, gōnggòng ānquán) and workplace safety (安全生产, ānquán shēngchǎn). The National Security Law (2015) defines national security broadly to include political, territorial, economic, cultural, social, and cyber security. The concept has expanded significantly under Xi Jinping, with the “holistic view of national security” (总体国家安全观) becoming a guiding principle of governance and legislation.
Anli (案例) — Case; legal precedent. While China is a civil law jurisdiction without formal stare decisis, the term ànlì has gained importance through the Supreme People’s Court’s guiding cases system (指导性案例, zhǐdǎo xìng ànlì), established in 2010. Guiding cases are selected by the SPC and are to be “referred to” (参照, cānzhào) by courts deciding similar cases. Lower courts that depart from a guiding case must provide reasoning. The system represents China’s distinctive approach to integrating case-based reasoning within a civil law framework.
B
Banshi Jigou (办事机构) — Administrative office; working body. Refers to the internal organs established within state institutions, government departments, and Party organizations to handle routine administrative affairs. In the court system, bànshì jīgòu include research offices, personnel departments, and administrative support units. The term also describes the standing bodies of the National People’s Congress, such as the General Office (办公厅, bàngōng tīng) and the Legislative Affairs Commission (法制工作委员会, fǎzhì gōngzuò wěiyuánhuì).
Baoquan (保全) — Preservation; security measures. In civil procedure, preservation encompasses both asset preservation (财产保全, cáichǎn bǎoquán) and evidence preservation (证据保全, zhèngjù bǎoquán). Asset preservation allows a court to freeze bank accounts, seize property, or prohibit specified actions before or during litigation to prevent dissipation of assets. The applicant must typically provide security (担保, dānbǎo) equivalent to the value of the preserved assets. The Supreme People’s Court has issued detailed provisions on preservation procedures, including rules for emergency preservation (诉前保全, sùqián bǎoquán) sought before a lawsuit is filed.
Baoxian (保险) — Insurance. Governed by the Insurance Law (保险法, bǎoxiǎn fǎ), enacted in 1995 and substantially amended in 2002, 2009, 2014, and 2015. Chinese insurance law distinguishes between life insurance (人寿保险, rénshòu bǎoxiǎn) and property insurance (财产保险, cáichǎn bǎoxiǎn). The China Insurance Regulatory Commission (now integrated into the National Financial Regulatory Administration) oversees the industry. Insurance contracts are subject to the general principles of the Civil Code and specific requirements including the duty of utmost good faith and insurable interest.
Bei’an (备案) — Filing; recordation; archival registration. A mechanism used extensively in Chinese regulatory practice whereby documents, contracts, or decisions are submitted to a supervisory authority for record, without requiring prior approval. Bèi’àn differs from approval (审批, shěnpī) in that the filing authority may review and object to filed documents but they take effect upon filing, not upon approval. The Legislative Affairs Commission’s filing and review system (备案审查制度, bèi’àn shěnchá zhìdù) is the primary mechanism for constitutional supervision, through which the NPC Standing Committee reviews normative documents for constitutionality and legality.
Biaodi (标的) — Subject matter; object. In civil law, refers to the subject matter of a legal relationship or contract. In contract law, the biāodì is the performance owed — the goods, services, or payment that constitute the core obligation. In litigation, biāodì’é (标的额) refers to the amount in controversy, which determines court jurisdiction and filing fees. The Civil Code requires that the biāodì of a contract be lawful, definite, and possible to perform.
Bumen (部门) — Department; branch; sector. Commonly used in legal contexts to refer to government ministries (国务院部门, guówùyuàn bùmén) and legal departments within enterprises. The term bùmén also appears in the phrase “department of justice” (司法部门, sīfǎ bùmén) and in discussions of administrative division: the executive, legislative, and judicial departments are collectively referred to as the state organs (国家机关, guójiā jīguān).
C
Cailiao (材料) — Materials; documentation. In legal practice, refers to documentary evidence, case files, and supporting documentation submitted to courts, administrative agencies, or other authorities. The term encompasses all written materials relevant to a legal matter, including pleadings, evidence exhibits, expert reports, and correspondence. The right of defense counsel to review case materials (阅卷权, yuèjuàn quán) is a fundamental procedural right in Chinese criminal procedure.
Caipan (裁判) — Adjudication; judgment; ruling. The formal decision of a court resolving a legal dispute. The term encompasses both judgments (判决, pànjué) on the merits and rulings (裁定, cáidìng) on procedural matters. Cáipàn documents follow a standard format including the parties’ information, facts found by the court, legal analysis (本院认为, běn yuàn rènwéi), and the dispositive portion. The quality of cáipàn reasoning has been a focus of judicial reform, with the Supreme People’s Court requiring enhanced reasoning in judicial opinions.
Canyu (参与) — Participation; involvement. Used in procedural contexts to describe the participation of parties, lawyers, and other actors in legal proceedings. The term appears in the right to participate in court proceedings (参与诉讼, cānyù sùsòng) and in the context of public participation in legislation (公众参与立法, gōngzhòng cānyù lìfǎ). The Civil Procedure Law guarantees the parties’ right to participate in all stages of litigation, including evidence exchange, court debate, and mediation.
Chanquan (产权) — Property rights; proprietary rights. A broad term encompassing ownership, use rights, and other interests in property. Chinese law distinguishes between state property rights (国有产权, guóyǒu chǎnquán), collective property rights (集体产权, jítǐ chǎnquán), and private property rights (私有产权, sīyǒu chǎnquán). The Property Law (2007, now Book II of the Civil Code) and the State-Owned Assets Law (2008) govern the creation, transfer, and protection of chǎnquán. The Constitutional amendment of 2004 constitutionally protected private property, providing that lawful private property is inviolable.
Chaosu (超诉) — Ultra-petition; exceeding the claim. Refers to a court’s decision that goes beyond the relief requested by the parties. The principle that courts shall not grant relief beyond the parties’ claims (不告不理, bù gào bù lǐ) is fundamental to Chinese civil procedure. A judgment that exceeds the scope of the complaint may be reversed on appeal or retrial. The concept is related to the principle of party autonomy (处分原则, chǔfèn yuánzé), which gives parties control over the scope of litigation.
Chengdan (承担) — To bear; to assume; to undertake. A versatile legal term used to describe the assumption of obligations, liabilities, or responsibilities. Common legal phrases include chéngdān zérèn (承担责任, to bear responsibility), chéngdān sǔnshī (承担损失, to bear losses), and chéngdān yìwù (承担义务, to undertake obligations). The term appears throughout Chinese civil and criminal law to describe the legal consequences of conduct.
Chengxu (程序) — Procedure; procedural. The body of rules governing the conduct of legal proceedings. Chinese procedural law encompasses three principal codes: the Civil Procedure Law, Criminal Procedure Law, and Administrative Procedure Law. The term chéngxù also appears in administrative context (行政程序, xíngzhèng chéngxù), referring to the procedural requirements for administrative decision-making. The importance of procedural justice (程序正义, chéngxù zhèngyì) has been increasingly recognized in Chinese legal scholarship and judicial reform.
Chufa (处罚) — Punishment; penalty. Generally used in the context of administrative penalties (行政处罚, xíngzhèng chǔfá) and criminal punishment (刑事处罚, xíngshì chǔfá). The Administrative Penalties Law (行政处罚法, revised 2021) establishes the types, imposition procedures, and review mechanisms for administrative sanctions, including warnings, fines, confiscation of illegal gains, suspension of business, and license revocation. The principle of proportionality (过罚相当, guò fá xiāngdāng) requires that penalties be commensurate with the gravity of the violation.
Cunzheng (存证) — Evidence preservation; deposit of evidence. Refers to the practice of preserving evidence through technical means, particularly through blockchain-based evidence storage systems. Chinese courts have recognized blockchain-authenticated evidence as admissible in civil proceedings. The Supreme People’s Court’s 2018 Provisions on Internet Courts explicitly recognize electronic data stored through blockchain as a valid method of evidence preservation. Internet courts in Hangzhou, Beijing, and Guangzhou have developed specialized procedures for blockchain存证.
D
Daili (代理) — Agency; representation. The legal relationship whereby one person (the agent, 代理人, dàilǐrén) acts on behalf of another (the principal, 被代理人, bèi dàilǐrén). Agency is governed by Book I of the Civil Code (Articles 161-175), which distinguishes between statutory agency (法定代理, fǎdìng dàilǐ), appointed agency (指定代理, zhǐdìng dàilǐ), and delegated agency (委托代理, wěituō dàilǐ). In litigation, legal representation by a licensed lawyer or other authorized representative is known as litigation agency (诉讼代理, sùsòng dàilǐ).
Danbao (担保) — Guarantee; security. A legal arrangement securing the performance of an obligation. Governed by the Security Law (担保法, 1995) now incorporated into the Civil Code (Books II and III). Types of security include guarantee (保证, bǎozhèng), mortgage (抵押, dǐyā), pledge (质押, zhìyā), lien (留置, liúzhì), and deposit (定金, dìngjīn). The Civil Code unified and modernized security law, introducing new forms such as the floating charge (浮动抵押, fúdòng dǐyā) and accounts receivable pledge (应收账款质押, yìngshōu zhàngkuǎn zhìyā).
Dang’an (档案) — Archives; records; case files. The official records and case files maintained by courts, procuratorates, government agencies, and other institutions. The Archives Law (档案法, revised 2020) governs the management, preservation, and access to official records. Court archives contain the complete record of proceedings, including pleadings, evidence, transcripts, and judgments. Access to criminal case files by defense counsel is governed by the Criminal Procedure Law.
Dangshiren (当事人) — Party; litigant. The persons involved in a legal proceeding as plaintiff (原告, yuángào), defendant (被告, bèigào), or third party (第三人, dìsān rén). In civil litigation, dāngshìrén must have legal standing and procedural capacity. The Civil Procedure Law requires that parties be notified of proceedings and guarantees their right to participate. The Administrative Procedure Law uses the term administrative counterpart (行政相对人, xíngzhèng xiāngduìrén) to describe the party challenging administrative action.
Daxue (大学) — University; law school. Chinese universities host law schools (法学院, fǎxué yuàn) that provide legal education at the undergraduate (LL.B.), master’s (LL.M.), and doctoral (J.S.D.) levels. Top law schools include Peking University Law School, Tsinghua University School of Law, Renmin University Law School, and China University of Political Science and Law. Legal education has expanded dramatically since the 1990s, with over 600 law faculties nationwide.
Difang (地方) — Local; regional. Used in legal contexts to distinguish local levels of government from the central government (中央, zhōngyāng). Local people’s congresses (地方人民代表大会, dìfāng rénmín dàibiǎo dàhuì) exercise legislative power within their administrative areas, subject to the supremacy of national law. The Legislation Law (立法法) defines the scope of local legislative authority. Dìfāng also appears in court jurisdiction: local protectionism (地方保护主义, dìfāng bǎohù zhǔyì) has been a persistent concern in Chinese judicial administration.
Ding’an (定案) — Final determination of a case; closing of a case. The formal conclusion of a case through a court judgment, mediation agreement, or other dispositive ruling. The term encompasses both the substantive determination of the dispute and the procedural closure of the case. In criminal cases, dìng’àn refers to the final determination of guilt or innocence and the imposition of sentence. The standard for dìng’àn is sufficiency of evidence (证据确实充分, zhèngjù quèshí chōngfèn).
Duibian (对辩) — Adversarial debate; cross-examination. The oral argument phase of a trial in which parties present their positions and challenge each other’s evidence. In Chinese civil procedure, duìbiàn occurs during the court debate (法庭辩论, fǎtíng biànlùn) stage, after evidence examination. The presiding judge controls the debate, ensuring relevance and order. Criminal procedure reform has gradually expanded the role of adversarial debate, though the inquisitorial tradition remains strong and judges continue to play an active role in questioning.