Unitary Political System of China

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China is a state with unitary political system. In other words, there is not a division of legislative power between the central government and the provincial governments in China. The national legislative power is exercised by National People’s Congress (NPC) and the Standing Committee of National People’s Congress. Among which: NPC is in charge of making the criminal law, the civil law, state organ laws and other basic laws. The Standing Committee of NPC is in charge of making and revising the other laws except those promulgated by NPC. While NPC is not in session, the Standing Committee of NPC is also in charge of supplementing and amending parts of the laws promulgated by NPC, yet this should not contradict with the basic principles of these laws. The State Council can make administrative regulations according to the constitution and laws. NPC and its Standing Committee have the right to make decisions and authorize the State Council to formulate administrative regulations for matters which should but not yet governed by law, depending on the actual needs. However, this does not include matters concerning crimes, punishments, coercive measures for depriving citizens’ political rights and restricting their personal freedom, the punishment system and the judicial system. The decision on authorization should make clear the purpose and the scope of authorization. The authorized organs should exercise the power in strict accordance with the purpose and the scope of authorization, and shall not transfer the authorized power to other organs. When conditions are mature, after test in the practice, NPC and its Standing Committee should make a law in time. When the law is made, the authorization for the corresponding legislative matters comes to its end. The Provincial People’s Congress, as well as its Standing Committee, can formulate local regulations reflecting the specific circumstances and the actual needs within their administrative areas, on the precondition...
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