The China Venture

After its suspension during the period from 1956 to 1966, the legal system got literally
destroyed with the so-called “Cultural Revolution”. The country was in a complete chaos, law
was abolished and the legal apparatus, which was already inert, was completely smashed.
After the “Cultural Revolution”, China began to engage in unprecedented legal
reconstruction. Law was regarded as the most efficient and institutionalised means to
safeguard people’s democracy, to prevent sudden social changes and to maintain the sustained
economic development of the country. In the economic field, the policy of structural reform
and opening up to the outside world has been introduced and implemented; the rigid planned
economy has been abandoned in favour of a “Socialist Market Economy”. Corresponding to
such a social scenario, the legal system has been redesigned for the purpose of implementing,
institutionalising and strengthening the reform enterprise. The main achievements of the legal
reconstruction include the following:
The ideological change has to a great extent changed the popular view towards law. Chinese
government and its population have become aware of the importance of law.
Since 1979, China has embarked on a large-scale legislative endeavour with 3 new
constitutions, more than 200 new laws and 80 decisions of the National People’s Congress;
more than 700 administrative regulations of the State Council and its ministries, commissions
and other branches; about 3,000 local regulations, and more than 10,000 local administrative
rules of the local governments and their agencies.
Throughout the country, a legal structure has been established, including the system of the
people’s courts, the system of the people’s procuratorates and various governmental law
enforcement organs.
The legal profession has reappeared.
Despite these achievements, some negative aspects of the systems could not be overridden.
Severe problems due to profound contradictions and structural problems still need to be
solved.
2.2.2 Governmental structure
The structure of the Chinese government exercises a great influence on the operating legal
system. As a socialist country, China’s political structure is established on the system of
pe ople’s congresses which are responsible for creating and supervising the administrative and
judicial organs at all levels. Since the PRC adopts the unitary system and the principle of
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