Description

Who are the legislators and what are the products of the legislative process in China? How does a law come into being? What meaning should we ascribe to these legislative products from the perspective of legal certainty? Can we recognise a Chinese approach to or style of law-making? What technical legislative problems have Chinese jurists identified and what sorts of solutions to them are being considered? These are the questions which Law-making in the PRC attempts to solve.
The volume opens with papers on the historical perspective of law-making, on ideology and law-making, and on a comparison between the PRC's legal framework and the frameworks of other legal systems. Part II deals with various `Institutions and Actors' involved, and offers analyses of the National People's Congress, the State Council, departmental rule-making, local law-making, law-making in autonomous regions, public participation, and the proposed law on law-making by academics. Part III offers three `case studies' in which important areas of legal development are analysed from a law-making point of view. The selected areas are administrative law, contract law, and criminal law.