Sources of Law in China

The Constitution

The Constitution of the People’s Republic of China (xiànfǎ) is the supreme legal source in the Chinese legal hierarchy. First adopted in 1954 and substantially revised in 1978 and 1982, the current Constitution (1982 Constitution) has been amended five times, in 1988, 1993, 1999, 2004, and 2018. The Constitution establishes the fundamental political system of people’s congresses, the leadership of the Chinese Communist Party, the basic rights and duties of citizens, and the structure of the state.

The Constitution has direct legal effect, though its provisions are generally implemented through ordinary legislation. The 2018 amendment established the Constitutional Oath System and strengthened the role of the National People’s Congress in constitutional supervision. Constitutional review is conducted by the NPC Constitution and Law Committee (formerly the Law Committee), which reviews legislation for constitutional compliance. However, the Constitution is not directly enforceable in courts; individuals may not bring constitutional claims, and courts do not exercise constitutional review powers.

Laws (Falü)

Laws (fǎlǜ) are enacted by the National People’s Congress (NPC) or its Standing Committee (NPCSC) in accordance with the Legislation Law (lìfǎ fǎ) (2000, revised 2015 and 2023). Laws are the primary source of legal rules and cover matters including criminal justice, civil relations, commercial organisation, administrative procedures, and social regulation. The NPC enacts basic laws (jīběn fǎlǜ) on fundamental matters (e.g., the Criminal Law, Civil Code, Criminal Procedure Law), while the NPCSC enacts other laws (qítā fǎlǜ) within its delegated authority.

The legislative process includes: proposal, deliberation (typically three readings), voting, and promulgation by the President. Legislation is published in the Gazette of the Standing Committee of the National People’s Congress and takes effect on the specified date. The Legislation Law requires that laws be consistent with the Constitution and that the NPCSC exercise constitutional review authority to ensure consistency.

Administrative Regulations

Administrative regulations (xíngzhèng fǎguī) are enacted by the State Council under Article 89 of the Constitution and the Legislation Law. They implement laws passed by the NPC and NPCSC and may address matters within the State Council’s administrative authority. Administrative regulations are published in the State Council Gazette and must be filed with the NPCSC for record. The NPCSC may annul administrative regulations that contravene the Constitution or laws.

Key examples include the Regulation on the Implementation of the Enterprise Bankruptcy Law and the Regulation on the Administration of Company Registration. Administrative regulations are binding on all levels of government and on private parties within their scope.

Local Regulations

Local regulations (dìfāngxìng fǎguī) are enacted by the people’s congresses of provinces, autonomous regions, and municipalities directly under the central government, as well as by designated cities. The Legislation Law, as amended in 2015, expanded the legislative power of cities, granting prefecture-level cities authority to enact regulations on urban management, environmental protection, and cultural preservation. Local regulations must not contravene the Constitution, laws, or administrative regulations.

Autonomous regulations (zìzhì tiáolì) and separate regulations (dānxíng tiáolì) are enacted by the people’s congresses of autonomous regions, autonomous prefectures, and autonomous counties, and may adapt national laws to local ethnic conditions subject to approval by the NPCSC or the State Council. Local regulations are published in local gazettes and must be filed with the NPCSC and State Council for record review.

Supreme People’s Court Interpretive Guidelines

The Supreme People’s Court (SPC) issues judicial interpretations (sīfǎ jiěshì) that have binding legal effect and operate as a formal source of law in practice. The SPC Provisions on Judicial Interpretation Work (2007, revised 2021) authorises the SPC to interpret laws in the course of adjudication. Judicial interpretations take the form of interpretations (jiěshì), provisions (guīdìng), replies (pīfù), and decisions (juédìng).

Judicial interpretations are binding on all Chinese courts and fill gaps where legislation is ambiguous or incomplete. Their legal status is controversial, as the SPC exercises quasi-legislative authority that is not formally grounded in the Constitution. The NPCSC may review and annul SPC interpretations, though this power is rarely exercised. The SPC has issued landmark judicial interpretations on the Contract Law, Tort Law, Company Law, and the Personal Information Protection Law, among others.

Guiding Cases

The Guiding Cases System (zhǐdǎoxìng ànlì) was established by the SPC’s Provisions on Guiding Cases (2010, revised 2015). Guiding cases are selected from judgments of Chinese courts and approved by the SPC Judicial Committee for publication. Lower courts must refer to guiding cases when adjudicating similar cases, and the reasoning of guiding cases must be followed (though the cases are technically not binding precedent in the common law sense).

As of 2026, the SPC has published over 230 guiding cases covering criminal, civil, administrative, commercial, and intellectual property matters. The system is intended to unify judicial standards, reduce inconsistency in judicial decision-making, and provide guidance on the application of laws. Guiding cases have been influential in areas including contract interpretation, tort damages, and procedural fairness.

Customary Law and Hierarchy

Customary law has a limited role in the Chinese legal system. The Civil Code (2020) recognises custom (xíguàn) as a subsidiary source of law in civil matters where no legislative provision exists and where the custom does not violate public order or good morals. Custom has been applied in a small number of cases concerning community property rights, inheritance practices, and commercial usages in specialised markets. International custom is recognised as a source of international law under Chinese legislation.

The hierarchy of legal sources is: Constitution > laws > administrative regulations > local regulations. The Legislation Law establishes the hierarchy and provides for conflict resolution: higher-level law prevails over lower-level law; new law prevails over old law (lex posterior); and specific law prevails over general law (lex specialis). The NPCSC is the final authority resolving conflicts between legal sources, exercising constitutional and legislative supervision.