I. Legislative System
As a unitary state, China is greatly unbalanced in economic and social development in different regions. Adapted to this situation, the Constitution and the Legislation Law of the People's Republic of China define a unified and tiered legislative system under the principle of "giving full scope to the initiative and enthusiasm of the local authorities under the unified leadership of the central authorities" and the precondition of centralized exercise of the legislative right by the highest organ of state power, so as to enable application of laws across the country and meet various needs in different regions:
(1) The National People's Congress (NPC) and its Standing Committee exercise the legislative power of the state. The NPC enacts and amends basic laws concerning criminal offences, civil affairs, the state organs and other matters. The standing committee of NPC enacts and amends laws with the exception of those which should be enacted by NPC, and makes, when NPC is not in session, partial supplements and amendments to laws enacted by NPC provided that they do not contravene the basic principles of these laws.
(2) The State Council, that is, the Central People's Government of the People's Republic of China, establishes administrative rules and regulations in accordance with the Constitution and the law.
(3) The people's congresses and their standing committees of provinces, autonomous regions and municipalities directly under the central government may establish local regulations without any discrepancy with the Constitution, laws and administrative rules and regulations. The people's congresses and their standing committees of large cities (including the city where the provincial people's government or the people's government of the autonomous region or the special economic zone is located and the large city approved by the State Council) may establish local regulations, based on the specific conditions and actual needs, without any discrepancy with the Constitution, laws, rules and administrative regulations and local regulations of the province or autonomous region, and report to the standing committee of the people's congress of the province or autonomous region.
(4) The people's congresses and their standing committees of the provinces and cities where special economic zones are located may establish laws and regulations under authorization of NPC and enforce them within the special economic zones.
(5) The people's congresses of autonomous regions, autonomous prefecturesand autonomous counties may establish autonomous regulationsand separate regulations in accordance with the political, economic and cultural characteristics of local ethnicities and make variations to laws and administrative rules and regulations as appropriate. The autonomous regulations and separate regulations of the autonomous region shall be reported to NPC for approval before becoming effective, and the autonomous regulations and separate regulations of the autonomous prefecture or county shall be reported to the people's congress of the province, autonomous region or municipality directly under the central government for approval before becoming effective.
(6) Ministries and commissions of the State Council, People's Bank of China, National Audit Office and organizations with administrative function directly under the State Council may formulate rules and regulations within their respective jurisdiction pursuant to laws, administrative rules and regulations, decisions and orders of the State Council. The people's governments of provinces, autonomous regions, municipalities directly under the central government and large cities may formulate rules and regulations pursuant to laws, administrative rules and regulations and local laws and regulations.
How such a tiered legislative system reflects and ensures the uniform legal system? The answer is in two aspects: On the one hand, the legal authorities of laws and regulations at different levels are defined. The Constitution has the supreme legal authority, and no laws and regulations may contravene it. Laws are of higher legal authority than administrative regulations which may not contravene laws. The laws and administrative regulations have higher authorities than local rules and regulations which may not contravene the former. Similarly, the local rules and regulations have higher legal authorities than the local governmental regulations which may not contravene the former as well. On the other hand, the legislative supervision system is implemented. The administrative rules and regulations shall be reported to NPC Standing Committee for record, and the regulations shall be reported to the State Council for record. The Standing Committee of NPC may annul any administrative rules and regulations or local rules and regulations which contravene the Constitution or laws, and the State Council may amend or annul improper regulations.