Jurisdiction

China

Socialist legal system with civil law foundations

Overview

China operates a socialist legal system with civil law foundations, in which written statute is the principal source of law and judicial decisions do not formally bind later courts. The Constitution of 1982, as amended, sets out the structure of the state, the powers of the National People's Congress and the fundamental rights and duties of citizens. Constitutional interpretation and supervision rest with the Standing Committee of the National People's Congress rather than with the courts, so judicial review of legislation in the Western sense is not available. The Supreme People's Court sits at the apex of the court hierarchy and issues judicial interpretations that guide the application of statutes nationwide, alongside high, intermediate and basic people's courts.

The archive currently holds 13 judgments catalogued under China, spanning 28 areas of law.

Court structure

  1. Supreme People's Court
  2. Higher People's Courts (provincial level)
  3. Intermediate People's Courts
  4. Basic People's Courts

Landmark cases

Constitutional lawQi Yuling v. Chen Xiaoqi et al.Supreme People’s Court · 2001Administrative lawThe 2002 Administrative Evidence InterpretationSupreme People’s Court · 2002Constitutional lawNicolo-style constitutional review in China is not available; use PRC constitutional-administrative landmark cases insteadSupreme People’s Court · 2001–2008Judicial review of administrative actsTian Yong v. Beijing No. 1 Intermediate People’s CourtSupreme People’s Court · 1999Rights impairment and administrative reviewLiu Guangming caseSupreme People’s Court · 2000sConstitutional application in ordinary litigationZhao Yuling-style constitutional reasoning / Qi Yuling-related rights enforcementSupreme People’s Court · 2001Land expropriation / administrative compensationWang v. local land administration disputeChinese courts · 2000sPersonal bankruptcyChina’s first personal bankruptcy rulingChinese courts · 2021Pollution liabilityThe Taizhou water pollution caseSupreme People’s Court · 2016Anti-monopoly / SEP licensingFirst anti-monopoly refusal-to-license SEP caseSupreme People’s Court · 2024Government information disclosureGovernment information disclosure landmark caseChinese courts · 2011–2025Environmental civil liabilityGuiding environmental public-interest litigation caseSupreme People’s Court · 2010s–2020sAdministrative coercionLandmark administrative coercion case involving enterprisesSupreme People’s Court · 2025

Areas of law

Timeline