CN
All articles tagged with jurisdiction: CN
AI-Related Litigation in China
Introduction China has developed a rapidly growing body of case law addressing legal questions arising from artificial intelligence. Chinese courts, particularly the Internet Courts established in …
Ancient Chinese Legal History
Ancient Chinese legal history spans more than two millennia and represents one of the world’s longest continuous legal traditions. Its defining feature is the interaction between two competing …
China and International Criminal Law
Introduction The People’s Republic of China maintains a distinctive and carefully calibrated relationship with international criminal law. As a permanent member of the UN Security Council, a …
China and International Human Rights
Treaty Engagement China’s relationship with the international human rights treaty system is characterised by selective engagement. China signed the International Covenant on Civil and Political …
China and the WTO
Accession to the WTO China acceded to the World Trade Organization (WTO) on 11 December 2001, after 15 years of negotiations. The accession protocol, consisting of the Protocol on the Accession of the …
China's Cyberspace Administration (CAC)
Establishment and Powers The Cyberspace Administration of China (CAC) (Wangluo Xinxi Bangongshi, 网络信息办公室) was established in February 2014 as the principal internet regulatory authority. The CAC was …
Chinese Administrative Litigation
The Administrative Procedure Law Administrative litigation in China is governed by the Administrative Procedure Law of the People’s Republic of China (Xingzheng Susong Fa, 行政诉讼法), originally …
Chinese Administrative Reconsideration
The Administrative Reconsideration System Administrative reconsideration (xingzheng fuyi, 行政复议) is China’s primary mechanism for internal administrative review of government action. It provides …
Chinese Adoption Law
Adoption under the Civil Code Adoption (shouyang, 收养) is governed by Book V (Marriage and Family) of the Civil Code of the People’s Republic of China, Articles 1093 to 1111. The Civil Code …
Chinese AI Law
Strategic Foundation: The New Generation AI Development Plan China’s AI regulatory framework operates within the ambitious policy vision articulated in the New Generation Artificial Intelligence …
Chinese Antitrust Law
Statutory Framework China’s competition law regime is anchored in the Antimonopoly Law (AML), promulgated on 30 August 2007 and effective from 1 August 2008. A comprehensive revision took effect …
Chinese Arbitration Institutions
Introduction China’s arbitration landscape is dominated by institutional arbitration, with several major arbitration commissions providing dispute resolution services for domestic and …
Chinese Arbitration Law
The Arbitration Law 1994 The Arbitration Law of the People’s Republic of China, adopted in 1994 and effective from 1995, is the principal legislation governing domestic and foreign-related …
Chinese Banking Law
The People’s Bank of China Law The People’s Bank of China (PBOC) Law, adopted in 1995 and revised in 2003, establishes the PBOC as the central bank of the People’s Republic of China. …
Chinese Company Law 2023 Revision
Background to the 2023 Revision The Company Law of the People’s Republic of China (Gongsi Fa), originally enacted in 1993 and substantially revised in 2005 and 2013, underwent its most …
Chinese Construction Contracts
Civil Code Book III: Construction Contracts Construction contracts (jianshe gongcheng hetong, 建设工程合同) are governed by Articles 788 to 808 of Book III of the Civil Code of the People’s Republic …
Chinese Corporate Law
Sources of Chinese Corporate Law The principal source of Chinese corporate law is the Company Law of the People’s Republic of China, originally enacted in 1993 and substantially revised in 2005, …
Chinese Court System
Constitutional Framework and the Organic Law of the People’s Courts The court system of the People’s Republic of China is constituted under the Organic Law of the People’s Courts, …
Chinese Criminal Code (Xingfa)
The 1979 Original Criminal Code The first Criminal Code of the People’s Republic of China, the Criminal Law of the People’s Republic of China, was adopted by the National People’s …
Chinese Critical Information Infrastructure Protection
CII under the Cybersecurity Law The protection of critical information infrastructure (CII) (guanjian xinxi jichu sheshi, 关键信息基础设施) is governed principally by Article 31 of the Cybersecurity Law of …
Chinese Cyber Law
The Cybersecurity Law 2017 The Cybersecurity Law of the People’s Republic of China, adopted by the Standing Committee of the National People’s Congress on 7 November 2016 and effective …
Chinese Energy Law
Constitutional and Institutional Framework The energy legal framework of the People’s Republic of China operates under the Constitution of 1982 (as amended), which does not contain specific …
Chinese Environmental Human Rights
Environmental Rights Framework The right to a healthy environment is not expressly recognised as a constitutional right in China, but it is protected through a combination of constitutional …
Chinese Environmental Law
Constitutional and Ideological Foundations Chinese environmental law operates within the constitutional and ideological framework of the People’s Republic of China. Article 26 of the …
Chinese Environmental Tort
Environmental Tort under the Civil Code Environmental tort liability in China is governed by Articles 1229 through 1235 of Book VII (Tort Liability) of the Civil Code of the People’s Republic of …
Chinese Esports Regulation
Recognition of Esports as a Sport China has formally recognised esports as a competitive sport since 2003, when the General Administration of Sport of China (GASC) classified electronic sports as an …
Chinese Evidence Law
Overview Chinese evidence law is governed by the Criminal Procedure Law of the People’s Republic of China (刑事诉讼法, CPL), the Civil Procedure Law (民事诉讼法), the Administrative Procedure Law (行政诉讼法), …
Chinese Exit Restrictions
Exit-Entry Administration Law The legal framework for Chinese exit restrictions is governed by the Exit-Entry Administration Law of the People’s Republic of China (Chujing Rujing Guanli Fa), …
Chinese Financial Regulatory Reform (2023)
The 2023 Institutional Reforms In March 2023, the National People’s Congress approved the most significant restructuring of China’s financial regulatory architecture since 2003. The …
Chinese Geographical Indications
Dual GI Protection System China’s geographical indication (GI) protection has historically operated through a dual system administered by two separate agencies. The General Administration of …
Chinese Gig Economy Regulation
The Platform Economy and Labour China’s gig economy is the world’s largest, with an estimated 200 million platform workers engaged in ride-hailing, food delivery, e-commerce logistics, and …
Chinese Human Rights Law
The Constitutional Framework The Constitution of the People’s Republic of China, adopted in 1982 and amended most recently in 2018, establishes the fundamental rights and duties of citizens in …
Chinese Immigration Law
The Exit and Entry Administration Law The Exit and Entry Administration Law of the People’s Republic of China, adopted on 30 June 2012 and effective on 1 July 2013, replaced the 1985 Law on the …
Chinese Insolvency Law
Overview of Chinese Insolvency Law The Enterprise Bankruptcy Law of the People’s Republic of China (the EBL) was adopted on 27 August 2006 and took effect on 1 June 2007, replacing the …
Chinese Insolvency Practitioners
The Bankruptcy Administrator (Guanren) The bankruptcy administrator (guanren, 管理人) is the central figure in Chinese insolvency proceedings. Under the Enterprise Bankruptcy Law of the People’s …
Chinese Intellectual Property Law
Overview of Chinese Intellectual Property Law The intellectual property regime of the People’s Republic of China has undergone rapid and substantial development since the early 1980s, evolving …
Chinese International Trade Law
Introduction to Chinese International Trade Law China’s international trade legal framework has undergone profound transformation since its accession to the World Trade Organization (WTO) on 11 …
Chinese Labor Law
Overview of Chinese Labour Law Chinese labour law is principally governed by the Labour Law of 1994, the Labour Contract Law of 2007 effective from 1 January 2008, and the Social Insurance Law of …
Chinese Legal Philosophy
Overview Chinese legal philosophy encompasses a rich and ancient tradition of reflection on the nature and role of law, from the classical debates between Legalism and Confucianism through the …
Chinese Legal Theory
Classical Chinese Legal Thought Chinese legal theory draws on two foundational and competing traditions: Legalism (Fajia) and Confucianism (Rujia). The Legalist school, associated with Shang Yang, Han …
Chinese Loan Contracts
Loan Contracts under the Civil Code Loan contracts (jiekuan hetong, 借款合同) are regulated by Articles 667 to 680 of Book III of the Civil Code of the People’s Republic of China. A loan contract is …
Chinese Maritime Law
Scope and Principles The Maritime Code of the People’s Republic of China, adopted in 1992 and effective from 1 July 1993, governs maritime transport relations between parties of equal status. …
Chinese Media Law
Overview of Chinese Media Law Chinese media law operates within a comprehensive regulatory framework that subjects all forms of media to extensive state control, content pre-approval, and ideological …
Chinese Medical Law
Sources of Chinese Medical Law The Basic Health and Health Promotion Law of 2019 is the fundamental law of the Chinese health system, establishing the state’s commitment to the right to health. …
Chinese Military Courts and Justice
Structure of Chinese Military Courts Chinese military courts (junshi fayuan, 军事法院) constitute a separate judicial hierarchy within the People’s Liberation Army (PLA), organised in three tiers. …
Chinese Military Law
Constitutional and Institutional Architecture The military legal system of the People’s Republic of China is structured around the supremacy of the Chinese Communist Party (CCP) over the armed …
Chinese Oil and Gas Law
Mineral Resources Law The Mineral Resources Law of the People’s Republic of China, originally adopted in 1986 and substantially revised in 1996 and 2020, is the foundational legal instrument …
Chinese Organized Crime Law
The Legal Framework Organised crime under Chinese law is governed primarily by Article 294 of the Criminal Code, which criminalises the organisation, leadership, and participation in …
Chinese Platform Regulation
Anti-monopoly Guidelines for Platform Economy In February 2021, the Anti-monopoly Commission of the State Council issued the Anti-monopoly Guidelines for the Platform Economy (Pingtai Jingji Fan …
Chinese Property Law — Real Rights and Land Use Rights
Chinese property law underwent a landmark transformation with the adoption of the Property Law (Wuquan Fa) in 2007, which for the first time codified a comprehensive system of real rights in the …
Chinese Real Property Transactions
Real Property Registration System Real property transactions in China are governed by the Real Property Registration System (Budongchan Dengji Zhidu, 不动产登记制度), established by the Interim Regulations …
Chinese Securities Class Actions
Securities Law 2019: Article 95 The legal framework for securities class actions in China is established by Article 95 of the Securities Law of the People’s Republic of China (Zhengguan Fa), as …
Chinese Securities Law
Statutory Framework and the 2019 Revision The Securities Law of the People’s Republic of China (the “PRC Securities Law”) was originally adopted in December 1998 and took effect on 1 …
Chinese Shipping Policy and Regulation
Maritime Code China’s shipping regulation is anchored in the Maritime Code of the People’s Republic of China (Haishang Fa), effective 1 July 1993. The Maritime Code governs maritime …
Chinese Soil Pollution Law
Soil Pollution Prevention and Control Law (2019) The Soil Pollution Prevention and Control Law (Tu Rang Wu Ran Fangzhi Fa, 土壤污染防治法), effective 1 January 2019, is China’s first comprehensive …
Chinese Sports Law
Law on Physical Culture and Sports The primary legislative instrument governing sport in China is the Law of the People’s Republic of China on Physical Culture and Sports, originally adopted in …
Chinese Tax Enforcement
Tax Collection and Management Law Tax enforcement in China is governed by the Tax Collection and Management Law (Shuishou Zhengshou Guanli Fa), originally adopted in 1992 and revised in 1995, 2001, …
Chinese Tax Law
Sources of Chinese Tax Law Chinese tax law operates within a civil law tradition shaped by the country’s distinctive constitutional and legislative framework. The Tax Collection and …
Chinese Tort Law
Sources and Structure Chinese tort law is codified in Book VII (Tort Liability) of the Civil Code, effective 1 January 2020. Book VII (Articles 1164–1258) succeeded the Tort Liability Law of 2009 and …
Chinese Traditional Medicine Regulation
Traditional Chinese Medicine Law (2017) The Traditional Chinese Medicine Law of the People’s Republic of China (Zhongyiyao Fa, 中医药法), effective 1 July 2017, is the foundational legal instrument …
Comparative AI Regulation and Technology Law
Introduction Artificial intelligence regulation has emerged as one of the most dynamic and contested areas of comparative law in the 2020s. Jurisdictions worldwide are racing to develop legal …
Comparative Competition and Antitrust Law
Introduction Competition law — known as antitrust law in the United States — regulates market conduct to promote competition, prevent monopolization, and protect consumer welfare. While all major …
Comparative Constitutional Law
Introduction Constitutional law defines the fundamental architecture of state power and its relationship with the individual. Yet constitutional arrangements diverge dramatically across jurisdictions, …
Comparative Contract Law: Formation, Performance, and Remedies
Introduction Contract law lies at the heart of private law ordering across all legal systems, yet its doctrinal architecture varies considerably. This article examines contract formation, performance …
Comparative Criminal Procedure: Adversarial and Inquisitorial Models
Introduction Criminal procedure regimes are conventionally arranged along a spectrum from adversarial (accusatorial) to inquisitorial models. The adversarial model, characteristic of common law …
Comparative Data Protection and Privacy Law
Introduction Data protection law has become a defining arena of comparative law in the digital age, with every major jurisdiction adopting legislation addressing the collection, processing, and …
Comparative Environmental Law
Introduction Environmental law has expanded dramatically since the 1970s, evolving from local pollution controls into a complex field encompassing climate change, biodiversity protection, chemical …
Comparative Labor and Employment Law
Introduction Labor law governs the relationship between employers, employees, and the state, encompassing individual employment rights (wages, working time, termination protection, …
Comparative Legal Studies in China
The Comparative Method in Chinese Legal History Comparative legal studies have shaped Chinese law from the late Qing dynasty to the present. The systematic use of the comparative method — studying …
Comparative Legal Systems: An Overview
Introduction The comparative study of legal systems is foundational to understanding how different societies organise normative order. Since the dawn of modern comparative law in the late nineteenth …
Comparative Tort Law: Liability Across Legal Systems
Introduction Tort law (or delict in civil law terminology) governs civil liability for harm caused by wrongful conduct. Despite considerable functional convergence, doctrinal structures across legal …
Evidence in Chinese Civil Procedure
Evidence under the Civil Procedure Law The law of evidence in Chinese civil procedure is governed by Book IX of the Civil Procedure Law (Minshi Susong Fa, 民事诉讼法) (Articles 63-81), supplemented by the …
Law and Justice under Mao Zedong
The Abolition of the KMT Legal System The founding of the People’s Republic of China on October 1, 1949, initiated a radical break with the legal past. The Directive on the Abolition of the Six …
Legal Reform in the Late Qing Dynasty
The Crisis of the Qing Legal Order The late Qing legal reforms, initiated in the aftermath of the Boxer Rebellion (1899–1901) and the humiliations of the unequal treaty system, represented the first …
Models of Judicial Review: A Comparative Analysis
Introduction Judicial review — the power of courts to assess the conformity of legislation with a higher norm — is among the most consequential and contested features of modern constitutionalism. The …
Modern Chinese Legal History
Modern Chinese legal history is characterised by the reception of Western legal models, their adaptation to Chinese conditions, and the tension between imported legal forms and indigenous traditions …
Republican China Legal System (1912-1949)
The Republican Legal Framework The legal system of Republican China (1912-1949) represented the first sustained effort to construct a modern, codified legal order in Chinese history. Following the …
Supreme People's Court of China
Composition and Organisation The Supreme People’s Court (SPC) (Zuigao Renmin Fayuan, 最高人民法院) is the highest judicial organ of the People’s Republic of China, established under the …
The Peng Yu Case (2006): Tort Law, the Good Samaritan Paradox, and Chinese Civil Code Reform
The Peng Yu case (Nanjing, 2006) is one of the most socially consequential judicial decisions in modern Chinese legal history. A civil tort case involving a young man who helped an elderly woman he …
The Rule of Law Debate in China
The Conceptual Distinction: Yifa Zhiguo vs Fazhi The rule of law debate in Chinese legal theory centres on the distinction between two formulations. Yifa zhiguo (依法治国, “rule by law”) …
The Sun Zhigang Case (2003): Custody and Repatriation, Public Outrage, and Legal Reform
The Sun Zhigang case is one of the most significant episodes in modern Chinese legal history. The beating death of a young university graduate in police custody in Guangzhou in 2003 triggered …