China's legal system generally includes the following laws and regulations: laws, legal interpretations, administrative regulations, local regulations, autonomous regulations and separate regulations and rules.
Law: The National People's Congress and the NPC Standing Committee are the highest authorities in China, exercising the legislative power of the state. After the legislation is passed, the president will sign a presidential decree to announce it. So the level of law is the highest.
Legal interpretation: it is the interpretation or restriction of some clauses or words in the law. These interpretations will involve the application of the law. The power of legal interpretation belongs to the NPC Standing Committee, and its legal interpretation has the same effect as the law. There is also a judicial interpretation, that is, the interpretation made by the Supreme People's Court or the Supreme People's Procuratorate, which is used to guide the judicial work of grass-roots courts.
Administrative regulations: formulated by the State Council and promulgated by the State Council Order signed by Premier the State Council. These laws and regulations are also common throughout the country and are a supplement to the law. When they mature, they will be added to the law, which is second only to the law. Laws and regulations are often called regulations, and they can also be detailed rules for the implementation of national laws, such as the Regulations on Public Security Punishment and the Regulations on Patent Agency.
Local regulations, autonomous regulations and separate regulations: formulated by the people's congresses and their standing committees of provinces, autonomous regions and municipalities directly under the Central Government, which are equivalent to the highest authorities in various places. Most local laws and regulations are called regulations, some are detailed rules for the local implementation of laws, and some are documents with legal attributes, such as resolutions and decisions. There are many local names at the beginning of local laws and regulations, such as Beijing Food Safety Regulations and Beijing Measures for Implementing People's Republic of China (PRC) Animal Epidemic Prevention Law.
Rules and regulations: The makers are ministries and commissions of the State Council, People's Bank of China, Audit Office and directly affiliated institutions with administrative functions, and these rules and regulations are only valid within the scope of authority of this department. Such as the Patent Examination Guide formulated by the State Patent Office and the Measures for the Administration of Drug Registration formulated by the State Food and Drug Administration. There are also some regulations formulated by the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and larger cities, which are only valid within their respective administrative areas.
Legal basis: Legislative Law of People's Republic of China (PRC).
Article 87 The Constitution has the highest legal effect, and no laws, administrative regulations, local regulations, autonomous regulations, separate regulations and rules may contravene the Constitution.
Article 88 Laws are superior to administrative regulations, local regulations and rules.
The effectiveness of administrative regulations is higher than that of local regulations and rules.
Article 89 The effectiveness of local regulations is higher than that of local government regulations at the same level and at lower levels.
The rules formulated by the people's governments of provinces and autonomous regions are more effective than those formulated by the people's governments of cities and autonomous prefectures divided into districts within their respective administrative areas.
Article 90 Where laws, administrative regulations and local regulations are amended by autonomous regulations and separate regulations according to law, the provisions of autonomous regulations and separate regulations shall apply in this autonomous region.
If laws, administrative regulations and local regulations are amended according to authorization, the provisions of laws and regulations shall apply in this special economic zone.