The China Venture

democratic centralism, all governmental organs function under the unified leadership of the
central authorities, in line with the delegated powers. The following five levels can be
distinguished in the governmental structure of the PRC:
• the central level;
• the provincial level;
• the prefectural level;
• the county and city level;
• the township and village level.
The people’s congresses enjoy exclusive state power at each of the above mentioned five
le vels. Directly below the respective congresses, there exist three branches: the governmental
branch, the judicial branch and the procuratorial branch. The same pattern of structure can in
principle be observed at each level of the governmental structure.
However, it cannot be overlooked that beside the formal structure of the state organs, the
Communist Party, as the leading and only political party possessing state power, has the
decisive role in making, applying and reforming legal rules. Therefore, the comprehension
and interpretation of law needs to follow the Party’s policy and instructions.
2.2.3 Legal structure
As stated above, the legal structure closely relates to the governmental structure of the PRC.
The National People’s Congress (hereafter the NPC) as the highest state organ has the unitary
legislative power over the entire nation, and it delegates certain legislative powers to people’s
congresses at lower levels and the central and local governments.
On the top of the legal structure is the Constitution, the supreme law in China. 6 The
Constitution in force was enacted in 1982 and was revised respectively in 1988 and 1993,
resulting in 11 amendments. Although the Constitution is the supreme law in China, it cannot
be quoted in judicial verdicts and administrative decisions as direct legal ground for solving
concrete disputes and problems. Therefore, it is out of reach for the daily legal practice and
operation. The second level of law are the legal documents promulgated by the NPC,
6 An English translation of the Constitution of the People’s Republic of China may be found under:
http://www.qis.net/chinalaw /prccon5.htm.
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