The
legal system in Mainland China is based on the constitution of the People's Republic
of China (the PRC). The highest state organ of the PRC is the National People's
Congress which exercises powers to amend the constitution, to enact and amend
the more important laws, to appoint and remove the most important state officials,
to approve government budgets, to approve national development plans and to supervise
other state organs such as the Standing Committee of the National People's Congress,
the State Council, the Supreme People's Court and the Supreme People's Procuratorate.
The Standing Committee of the National People's Congress exercises powers as listed
in the constitution, such as the power to interpret the constitution and law,
to enact and amend laws and to approve international treaties entered into by
the government.
The State Council (the Central People's Government) is the
highest executive organ in the Mainland. Under the State Council, there are various
ministries and commissions responsible for different tasks and administrative
work. The State Council is also responsible for directing and supervising the
work of the local people's governments at various levels. In the Mainland, the
Supreme People's Court, together with lower people's courts, adjudicates cases,
whereas the Supreme People's Procuratorate, together with lower people's procuratorates,
is responsible for approving arrest, instituting and conducting prosecutions,
investigating a number of specific cases provided by law and exercising the power
of legal supervision over the judgments of the people's courts.
Laws in
the Mainland are enacted by the National People's Congress and its Standing Committee,
whereas the State Council is authorised to issue administrative regulations. Local
people's congresses may enact local regulations according to their needs, provided
that such regulations do not contradict the constitution, the laws or the administrative
regulations. Ministries and Commissions under the State Council, as well as local
people's governments, may issue rules in implementing laws and administrative
regulations
pues uno se imaginaria que CHina tiene un gobierno socialista, pero al ver sus sistema legal uno se da cuenta que no es asi, de hecho tiene poderes bien divididos y definidos.
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