China's legal system is generally composed of seven departments: Constitution and its related laws, civil and commercial law, administrative law, economic law, social law, criminal law, litigation and non-litigation procedure law, including three levels of laws, administrative regulations and local regulations. Constitution and its related laws: Constitution is the fundamental law of the country, the basic rights and obligations of Chinese citizens, the principles of organization and activities of state organs, and the fundamental guarantee of citizens' rights and interests; The Constitution has the highest legal effect and is the legislative basis of other general laws, and no laws and regulations may contravene the Constitution. In order to ensure the dignity and relative stability of the constitution, the procedure of formulating and amending the constitution is stricter than that of ordinary laws. Representatives: Legislation Law, Election Law, National Flag Law, Anti-Secession Law, etc. Civil and commercial law: it is the basic law to regulate social civil and commercial activities. Representatives: Property Law, Contract Law, Guarantee Law, Auction Law, Trademark Law, Patent Law, Copyright Law, Marriage Law, Inheritance Law, Adoption Law, Company Law, Insurance Law, Bill Law Law, Securities Law, etc. Administrative law: General administrative law refers to civil servant law, administrative punishment law and administrative reconsideration law. , is the representative of laws and regulations on administrative subject, administrative behavior, administrative procedure, administrative responsibility and other general provisions. Economic law: a law that creates an equal competitive environment and maintains market order. Representatives: Anti-unfair Competition Law, Consumer Rights Protection Law, Product Quality Law, Advertising Law, Budget Law, Auditing Law, Accounting Law, Tax Collection and Management Law, Individual Income Tax Law, Land Management Law, etc. Social law: Social law is the sum total of legal norms regulating labor relations, social security and social welfare, and it is a legal department related to people's livelihood. Representatives: Including Labor Law, Labor Contract Law, Law on the Protection of Minors, Law on the Protection of Disabled Persons, Law on the Red Cross Society, Law on Public Donation, etc. Criminal law: Criminal law is the sum of legal norms that stipulate crime, criminal responsibility and criminal punishment. Criminal law regulates social relations caused by crime. Representative: criminal law, etc. Litigation and non-litigation procedure law: we call it procedural law to ensure the implementation of the first six substantive laws, namely litigation and non-litigation procedure law. For example, the three major procedural laws, criminal litigation, civil litigation and criminal litigation, as well as mediation and arbitration. Representatives: Criminal Procedure Law, Civil Procedure Law, Administrative Procedure Law, Arbitration Law, etc. Regarding the rank of legal effect, we should first look at the three levels of laws mentioned above, namely, laws, administrative regulations and local regulations. How to distinguish is actually very simple. Level 1 (Laws): Laws enacted by the National People's Congress and its Standing Committee all end with the word "Law" and begin with "People's Republic of China (PRC)", such as the Constitution of People's Republic of China (PRC) and the Securities Law of People's Republic of China (PRC).
Legal basis:
People's Republic of China (PRC) legislation law
Article 1 In order to standardize legislative activities, improve the national legislative system, improve the quality of legislation, improve the socialist legal system with Chinese characteristics, give play to the leading and promoting role of legislation, safeguard and develop socialist democracy, comprehensively promote the rule of law and build a socialist country ruled by law, this Law is formulated in accordance with the Constitution.
Article 3 Legislation should follow the basic principles of the Constitution, focus on economic construction, adhere to the socialist road, the people's democratic dictatorship, the leadership of the Communist Party of China (CPC), Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory, and reform and opening up.
Article 7 The National People's Congress and the NPC Standing Committee exercise the legislative power of the state. The National People's Congress formulates and amends criminal, civil, state and other basic laws. The NPC Standing Committee formulates and amends laws other than those that should be enacted by the National People's Congress; When the National People's Congress is not in session, some laws enacted by the National People's Congress shall be supplemented and amended, but they shall not contravene the basic principles of the law.