As mentioned in my previous blog post, A Guide to Chinese Legal Research: Official Online Publication of Chinese Law (Update), “legislation” governed by the Law on Legislation of the People’s Republic of China (PRC or China) is comprised of not only laws passed by the National People’s Congress (NPC) or its Standing Committee (NPCSC), but also regulations and rules. As an update to the series of Chinese legal research guides I posted on this blog in 2014 (Who Makes What?, Administrative Regulations and Departmental Rules, and Official Publication of Chinese Law),this post focuses on the largest group of regulations, the administrative regulations that are made by China’s State Council.
Legal Framework
- Constitution
According to article 85 of the PRC Constitution, the State Council is the central government of the PRC and highest state administrative organ. Article 89 provides for its powers and functions, which include “to adopt administrative measures, enact administrative regulations, and issue decisions and orders in accordance with the Constitution and laws.”
- Law on Legislation
Enacted in 2000 and amended in 2015, the PRC Law on Legislation aims to standardize the making of laws and other documents having the force of law, including administrative regulations made by the State Council, departmental rules made by the ministries and commissions under the State Council, and administrative rules made by the local governments. Chapter III of the Law governs administrative regulations.
- Procedures Regulation