Right Chinese

The Chinese right , or Right applied in China, is distinguished from the European rights and the religious rights by a mistrust with regard to the laws and from the courts, which would constitute only imperfect modes to solve the conflicts. The mediation and the consensus would make it possible to better reach the harmony between the human ones. A positive Droit however always existed in China. He experiences a significant development since the years 1980 and the reforms of Deng Xiaoping.

History

The Chinese right was marked, as of the time of the Royaumes combatants, by the opposition between the vision Confucianist and the school legalist.

The Confucianisme stressed a cellular organization of the company in which the nation, like the family, was subjected to the absolute authority of the chief. The absolute respect of the rites, and not of a written law, was to ensure the cohesion of the system.

The legalists, on the other hand, preferred a government based on written rules. The real importance of the school legalist during the history, compared to the Confucianism, is still discussed by the specialists.

Sources of the Chinese right

The Chinese Constitution devotes in theory a Hiérarchie of the standards to the Western one: the Constitution, just as the international treaties, is higher than the laws, which take they-even to it not on the central payments and the local payments. The doctrines and jurisprudence hold a very secondary place.

The Parliament adopted very many laws since the years 1980, initially in the economic domain in order to facilitate the development of the country and the relations with the foreigners, like in the administrative domain.

However, the absence of true a Control of constitutionality and the uses give to this hierarchy a character less marked than in the European legal traditions.

Jurisdictional organization

China knows a jurisdictional organization on four levels, defined by the law:

of the municipal courts: jurisdiction of first authority on the businesses of low importance.
of the prefectoral courts: appelate jurisdictions d' for the businesses judged by the local courts and of first authority for the more important businesses.
of the regional Courses of call.
a Supreme court whose decisions are essential on all the lower jurisdictions.

The lawsuit however is perceived like a makeshift and the courts are a means to which one has recourse when any mediation failed. If the parts accept it, the judge can organize a mediation. The lawsuit will take place then only if the mediation fails.

The arbitration is also used in the world of the economic relations.

Concepts of Chinese right

The law adopted since years 1980 relate to in particular the Commercial law in order to ensure a certain legal security the foreign investors.

The Chinese right also devotes the private property: whereas she was recognized neither by the imperial system, nor by the Communist regime, she is now a right registered in the Constitution since a reform of March 14th, 2004. An adopted law in March 2007 protects the private property as well as the public property, except in the field of the ground which belongs to the State.

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