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Business Law and International Assignment Sample

Pages Pages: 7

Words Words: 1827

Business Law and International Assignment Sample

Introduction

The legal structure is most important to maintain better and effective stability in the country. Different countries have a different legal structures that can help the government to design, implement and run proper policies in an effective manner within-country. This report will be providing proper information about the legal and parliament structure that is followed in China. Detail of parliament system that is followed in ChinaGao, (2020). Different sources of law will be explained in the report. The court structure that is operating in-country will be explained in the study. The legal system that is followed in the country will be specified in the country. The concept of rule of law and details of rule of law will be defined in the study. The complete legal system of China will be analysed and studied in the report.

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Main Body

Parliament System in China

As per the current constitution of China National People's Congress is structured as a unicameral legislature that have power and capability to higher people of state in the country. The people who are involved in the National People's Congress are selected for five years with proper election process. This is how with help of multi tired electoral process people of National People's Congress are selected. This people work together to nominate the people and authorities who will be working as officials of state and help the government to manage operations in-country. This is how complete legal system work in China. National People's Congress is considered as highest state organ in China. There are different powers holds by the National People's Congress in countryTang, &Cao, (2018). Some of main powers or operations of National People's Congress are- All the changes and amendments in the constitution of the country are oversees the enforcement of constitution in the country. This is how National People's Congress maintain and ensure the implement law in country. Various Laws are implemented and amended by National People's Congress in country. For example criminal offence, civil affairs, state organs and other legal matters are considered by NPC in China. Different people who works as state organs in country are appointed and elected by National People's Congress. Major issues of state are determined by National People's Congress. The top of government is known as centralised unitary government. Single party with one legislative house is part of legal structure. China Communist Party and Parliament has different constitutions. All the legislative power is vested in the parliament. The Communist party controls all law-making decisions and other common decision in country. The president of the country is considered as head of China Communist Party, army and Legislature in country. CCP has overall control of nation.

Source of Law in China

Sources of law are considered as the legal documents that are considered by the legal authorities of a country to maintain the legal system in the country. The main source of legislation is the constitution of the People's Republic of China. The framework and principles of government are established by these constitutions of the nation. The list of fundamental rights and duties of people are considered from the constitutions of the People's Republic of China. There are different types of laws are implemented in the country that is - the constitutions of the people's republic of china, national laws that are issued by the National People's Congress. Administrative regulations that are issued by state councils are also considered as law in the country. Local decrees that are designed and implemented by the Local people's Congress or local authorities. The local rules and administrative that are issued by an administrative agency and local peoples government. This is how there are different authorities are there who are responsible to design and implement legal laws in the country.

The major areas of law in China are- Substantive and Procedural. Mainly these laws include administrative laws, Criminal Laws, Civil Laws, business Laws and Economic Laws Law assignments. All these laws are separated by different branches. For example, contract law is considered as civil law. Later it includes civil procedural law, administrative and Procedural law. This is how different legal matters and affaires are dealt by different branches of law in the country. The legal system of China is based on basic civil law Huang, (2017). The highest branch of law in China is the People's Republic of China. All the legal structures that are implemented in the country are mainly governed by the People's Republic of China. This is how multi-level legal system is established in China.

Court Structure in China

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The structure of the court system can be defined with help of two different perspectives. From internal perspectives and internal perspective court system of China can be explained. There are different level of court structure is established in China that is used to implement constitution in country and protect rights of people of country. There are different level of courts are implemented in organization to protect legislation in country and solve various issues of people in country. The external structure of the law can be explained as- The top legal authority in country is Supreme People's court. This is considered as highest judicial organ in the state. The main function of this branch is interpretation of law that helps the lower branches of court to take proper actions and decisions in different matters. This branch of court is known as the administration of the Judiciary in country. The supreme people's court in China is responsible to take decisions and implement proper laws where large money is involved and higher level corruption is involved. Civil cases, criminal cases and appellate cases are also considered by the supreme people's court of China. The Issues related to the licences for large size organization are also dealt by the supreme people's court of China.

The next and lower court in the China is known as intermediate People's court of China. This type of legal structure is located on municipalityZhou, (2017). The cases and matters that are considered by these court are related to criminal cases, civil cases and appellate cases. Economical cases are also considered by the intermediate Court of China. The next level of court in China is known as Basic People's Court of China. This is the lowest level of court in China. This type of courts are located in the lower level and rural areas. For example in municipal district this court works as legal structure to protect rights of people and organization and take according decisions in country.

This is how the legal structure in China can be divided in three different levels that are basic level court, intermediate level court and supreme people's court of China. The validity of the decision of legal authority or court is dependent on their location. Senior level court can take proper decision and overrule the decision that is sentenced by lower level court.

Next this is also important to understand the internal system of court in China to effectively understand the legal system in China. The courts in China are divided in different categories which are- Criminal court, economical court, administrative court, case filling court, judicial supervision court, intellectual property, juvenile and enforcementZhang, (2019, October). These are considered as substantive divisions or institutional divisions in legal system of court. The administrative division includes research office, compensation committee office, judicial police, technical office, general office, supervision office, planning, finance and facility section, political department, institutional and management division. There are different other people are also involved in the internal structure of court that are important to implement decision related to regulation related to the legislation.

Category of legal system in country

The legal system of China is mainly considered as civil law system in China. The legal system of China can be codify in six different codes which are - Civil codes, criminal code, administrative codes, socialist law, the criminal code and the constitution code. These are main code that are considered in the Chinese courts that are established by the courts of China to develop proper legal system in country. These codes are related to different codes that are dependent on six different type of illegal offences that can affect the legal stability in country. There are different divisions are established by the legal authorities of country to maintain law and order in country. These different divisions usually holds different type of cases and these divisions have specific procedure to maintain law and order in country effectively. These different division are mainly directed by the supreme court of the countryXu&et. Al., (2019). The highest legal authority in China is Supreme People's court in China that regulated the processes and rules that can guide lower courts to take action in different types of legal matters.

Conclusion

This report is concluding information about the legal system in China. Various type of legal structure in China has been considered in this report to understand the legal system that is used in country. The parliament legal structure of the China has been considered in report that is used to regulate legal and regulatory structure in country. There are various sources of law are used in organization to implement better law and order in country. These sources of law has been analysed for China. Court structure of China also has been considered in country. The legal system that is operating in China also has been explained in report. 

Refrences

Books and Journals

Gao, L. (2020). The laboratory animal legal system of China. In dADerecho Animal: Forum of Animal Law Studies (Vol. 11, No. 2, pp. 0030-39).

Huang, C. (2017). Recent development of the intellectual property rights system in China and challenges ahead. Management and Organization Review. 13(1). 39-48.

Tang, N., & Cao, Y. (2018). From multiple barriers to a co-prosperity society: the development of a legal system for disabled people in China. Disability & Society. 33(7). 1170-1174.

Xu, W. &et.al., (2019). Transforming protected area management in China. Trends in ecology & evolution. 34(9). 762-766.

Zhang, J. D. (2019, October). Study on environmental legal systems of different regions in China and impact on energetic cooperation. In IOP Conference Series: Earth and Environmental Science (Vol. 354, No. 1, p. 012052). IOP Publishing.

Zhou, Y. (2017). A comparative study of china and the us delisting system. American Journal of Industrial and Business Ma

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