system of law
I the formation of a socialist legal system with Chinese characteristics
The socialist legal system with Chinese characteristics was gradually formed under the leadership of the Communist Party of China (CPC) and adapted to the historical process of Socialism with Chinese characteristics's construction.
In the early days of the founding of People's Republic of China (PRC), the people of China were faced with the arduous task of establishing and consolidating a new political power, restoring and developing the national economy, and realizing and ensuring that the people were masters of their own affairs. According to the needs of political construction, from 1949 to 1954, before the first National People's Congress was held, China promulgated and implemented the same program of the China People's Political Consultative Conference with the nature of a provisional constitution. A series of laws and decrees, such as the Organic Law of the Central People's Government, the Trade Union Law, the Marriage Law, the Land Reform Law, the Provisional Organization Regulations of the People's Court, the Provisional Organization Regulations of the Supreme People's Procuratorate, the Punishment of Counter-revolutionaries, the Punishment of Crimes Endangering the National Currency, the Punishment of Corruption, and the Election Law of the National People's Congress and local people's congresses at various levels, have formulated laws on the organization of local people's governments and judicial organs, regional ethnic autonomy, management of public and private enterprises, and labor protection, which have opened the historical process of democratic political construction in China.
Second, the composition of the socialist legal system with Chinese characteristics
The socialist legal system with Chinese characteristics is an organic and unified whole with the constitution as the commander, the law as the main body, administrative regulations and local regulations as important components, and many legal departments such as constitutional law, civil and commercial law, administrative law, economic law, social law, criminal law, litigation and non-litigation procedures.
(A) the level of the socialist legal system with Chinese characteristics
The Constitution is the commander-in-chief of the socialist legal system with Chinese characteristics. The Constitution is the fundamental law of the country, occupying the commander-in-chief position in the socialist legal system with Chinese characteristics, and is the fundamental guarantee for the country's long-term stability, national unity, economic development and social progress. In China, people of all ethnic groups, all state organs and armed forces, political parties, social organizations, enterprises and institutions must take the Constitution as the fundamental criterion for their activities, and all have the responsibility to safeguard the dignity of the Constitution and ensure its implementation.
China's current constitution is a constitution with China characteristics that meets the needs of socialist modernization, and it is the general charter of governing the country and ensuring the country. After discussion by the whole people, the National People's Congress 1982 passed. According to the country's economic and social development, the National People's Congress has passed four constitutional amendments, and some contents of the Constitution have been revised. China's Constitution has established the fundamental system and tasks of the country, the leading position of the production party of China, the guiding position of Marxism–Leninism, Mao Zedong Thought, Deng Xiaoping Theory and Theory of Three Represents, the state system of people's democratic dictatorship led by the working class and based on the alliance of workers and peasants, and the system of people's congresses, stipulating that all state power belongs to the people and citizens enjoy a wide range of rights and freedoms according to law. The system of multi-party cooperation and political consultation, regional ethnic autonomy and grass-roots mass autonomy under the leadership of the Production Party of China has been established. The basic economic system with public ownership as the main body and multiple ownership economies developing together and the distribution system with distribution according to work as the main body and multiple modes of distribution coexisting have been established.
While maintaining stability, China's current Constitution keeps pace with the times and is constantly improving with the advancement of reform, opening up and socialist modernization. It has written important experiences, principles and systems that have proved mature in practice into the Constitution in time, which fully embodies the outstanding achievements of China's reform and opening up, the great achievements of Socialism with Chinese characteristics's construction, the self-improvement and continuous development of the socialist system, and provides a fundamental guarantee for reform, opening up and socialist modernization.
The Constitution of China has the highest legal effect in the socialist legal system with Chinese characteristics. All laws, administrative regulations and local regulations must be based on the Constitution, follow its basic principles, and shall not contravene the Constitution.
Constitution is the pillar of the socialist legal system with Chinese characteristics. According to the Constitution of China, the National People's Congress and its Standing Committee exercise the legislative power of the state. The laws formulated by the National People's Congress and its Standing Committee are the backbone of the socialist legal system with Chinese characteristics, and solving the fundamental, overall, stable and long-term problems in national development is the foundation of the national legal system. Administrative regulations and local regulations shall not contravene the law.
The legislative law stipulates the exclusive legislative power of the National People's Congress and its Standing Committee. The National People's Congress formulates and amends criminal, civil, state organs and other basic laws; When the National People's Congress is not in session, the NPC Standing Committee may partially supplement and amend the laws enacted by the National People's Congress, but it shall not contravene the basic principles of the law. The Legislative Law also stipulates that matters related to national sovereignty, the emergence, organization and authority of state organs, the system of regional ethnic autonomy, the system of special administrative regions, the system of grass-roots mass autonomy, crimes and penalties, deprivation of citizens' political rights, compulsory measures and penalties restricting personal freedom, expropriation of non-state-owned property, basic civil systems, basic economic systems, finance, taxation, customs, finance, foreign trade basic systems, litigation and arbitration systems, etc.
The laws enacted by the National People's Congress and its Standing Committee have established an important basic legal system for national economic construction, political construction, cultural construction, social construction and ecological civilization construction, which constitutes the backbone of the socialist legal system with Chinese characteristics and also provides an important basis for formulating administrative regulations and local regulations.
Administrative regulations are an important part of the socialist legal system with Chinese characteristics. The State Council formulates administrative regulations in accordance with the Constitution and laws. This is an important way for the State Council to fulfill its responsibilities entrusted by the Constitution and laws. Administrative regulations can provide for the implementation of laws and the performance of administrative functions and powers of the State Council. At the same time, for matters that should be formulated by the National People's Congress and its Standing Committee, the State Council can decide to formulate administrative regulations in advance according to the authorization of the National People's Congress and its Standing Committee. Administrative regulations occupy an important position in the socialist legal system with Chinese characteristics, which concretizes the relevant systems stipulated by laws and refines and supplements laws.
In order to meet the actual needs of economic and social development and administrative management, the State Council has formulated a large number of administrative regulations in accordance with the statutory authority and procedures, covering all areas of administrative management, involving national economy, politics, culture, social affairs and other aspects, which has played an important role in implementing the Constitution and laws, ensuring reform, opening up and socialist modernization, promoting comprehensive, coordinated and sustainable economic and social development, and promoting people's governments at all levels to administer according to law.
Local regulations are another important part of the socialist legal system with Chinese characteristics. According to the Constitution and laws, the people's congresses and their standing committees of provinces, autonomous regions, municipalities directly under the Central Government and larger cities may formulate local regulations. This is an important way and form for people to participate in the management of state affairs according to law and promote local economic and social development. The people's congresses of provinces, autonomous regions and municipalities directly under the Central Government and their standing committees may, according to the specific conditions and actual needs of their respective administrative regions, formulate local regulations on the premise that different constitutions, laws and administrative regulations are inconsistent. The people's congresses of larger cities and their standing committees may, according to the specific conditions and actual needs of this city, formulate local regulations on the premise that different constitutions, laws, administrative regulations and local regulations of this province and autonomous region are in conflict, and report them to the standing committees of people's congresses of provinces and autonomous regions for approval before implementation. The people's congresses of ethnic autonomous areas have the right to formulate autonomous regulations and separate regulations in accordance with the political, economic and cultural characteristics of local ethnic groups; Autonomous regulations and separate regulations may make flexible provisions on the provisions of laws and administrative regulations, but they shall not violate the basic principles of laws and administrative regulations, and shall not make flexible provisions on the provisions of the Constitution, the Law on Regional National Autonomy and other laws and administrative regulations specifically aimed at ethnic autonomous areas; Autonomous regulations and separate regulations of autonomous regions shall come into effect after being submitted to the NPC Standing Committee for approval, and autonomous regulations and separate regulations of autonomous prefectures and autonomous counties shall come into effect after being submitted to the standing committees of people's congresses of provinces, autonomous regions and municipalities directly under the Central Government for approval. The people's congresses of provinces and cities where special economic zones are located and their standing committees may, with the authorization of the National People's Congress and its standing committees, follow the provisions of the Constitution and the basic principles of laws and administrative regulations, formulate laws and regulations and implement them within the scope of special economic zones. Local regulations may stipulate the implementation of laws, administrative regulations and matters belonging to local affairs. At the same time, in addition to matters that can only be formulated by the National People's Congress and its Standing Committee, local regulations can be formulated for other matters that have not yet been formulated by the state. Local laws and regulations also play an important role in the socialist legal system with Chinese characteristics. They are the refinement and supplement of laws and administrative regulations, the extension and perfection of national legislation, and have accumulated useful experience for national legislation.
Local people's congresses and their standing committees actively exercise local legislative power, and have formulated a large number of local laws and regulations according to the reality of local economic and social development, which has played an important role in ensuring the effective implementation of the Constitution, laws and administrative regulations within their respective administrative regions and promoting reform, opening up and socialist modernization.
(2) An integral part of the socialist legal system with Chinese characteristics
Relevant laws of the Constitution. Constitution-related laws are legal norms adapted to the Constitution, which directly guarantee the implementation of the Constitution and the operation of state power. They adjust the political relations of the country, mainly including laws on the emergence, organization, functions and powers and basic working principles of state institutions, laws on regional ethnic autonomy, special administrative regions and grass-roots autonomy, laws on safeguarding national sovereignty, territorial integrity, national security and national symbols, and laws on protecting citizens' basic political rights. By the end of August 1965, China had enacted 38 laws and a number of administrative regulations and local regulations related to the Constitution.
China has enacted laws such as the election law of the National People's Congress and local people's congresses at all levels, the organization law of local people's congresses and local people's governments at all levels, and established an election system for deputies to the National People's Congress and leaders of state institutions, which provides institutional guarantee for ensuring that the people are masters of their own affairs and provides a legal basis for the emergence of state institutions; Laws such as the Organic Law of the National People's Congress, the Organic Law of the State Council, the Organic Law of the People's Courts and the Organic Law of the People's Procuratorate have been formulated, and a system involving the organization, authority and authority of state institutions has been established. In order to implement the principle of "one country, two systems" and realize national reunification, the Basic Law of the Hong Kong Special Administrative Region and the Basic Law of the Macao Special Administrative Region have been formulated, and the system of special administrative regions has been established, thus maintaining the long-term prosperity and stability of Hong Kong and Macao. Organic laws on residents' committees and villagers' committees have been formulated, and a system of grassroots self-government in urban and rural areas has been established. It has become the most direct and extensive democratic practice in China that citizens directly exercise their rights of democratic election, democratic decision-making, democratic management and democratic supervision according to law, and exercise their democratic autonomy in public affairs and public welfare undertakings of grass-roots organizations. Laws on concluding treaties, territorial sea and the contiguous zone, exclusive economic zone and continental shelf, anti-secession law and national flag and emblem law have been formulated, and a legal system for safeguarding national sovereignty and territorial integrity has been established to safeguard the fundamental interests of the country; Laws such as the Law on Assemblies, Demonstrations and Demonstrations, the Law on State Compensation and the Regulations on the Administration of Ethnic Groups, Religions, Letters and Visits, Publications and Associations Registration have been enacted, which have guaranteed citizens' basic political rights.
China fully guarantees citizens' right to vote and stand for election. Elections should be based on the principles of universality, equality, the combination of direct and indirect elections and differential elections. According to China's Constitution, citizens aged 18 have the right to vote and stand for election, regardless of nationality, race, sex, occupation, family background, religious belief, education level, property status and length of residence, except those who are deprived of political rights according to law.
China has enacted a law on regional ethnic autonomy and implemented a system of regional ethnic autonomy, fully respecting and safeguarding the rights of ethnic minorities to manage internal affairs and safeguarding their legitimate rights and interests according to law. According to the Constitution and laws, China has established 155 ethnic autonomous areas, including 5 autonomous regions, 30 autonomous prefectures and 120 autonomous counties (banners). In addition, more than 1 100 ethnic townships have been established. According to the Constitution and the Law on Regional National Autonomy, ethnic autonomous areas enjoy extensive autonomy. First, independently manage the internal affairs of countries and regions.
China respects and guarantees human rights. China's Constitution comprehensively stipulates citizens' basic rights and freedoms, formulates a series of laws and regulations to protect human rights, establishes a relatively complete legal system to protect citizens' rights to subsistence and development, and effectively protects citizens' personal rights, property rights, freedom of religious belief, freedom of speech and publication, freedom of assembly and association, freedom of procession and demonstration, and economic, political, social and cultural rights such as social security and education. According to the Constitution of China, citizens have the freedom to believe in religion, and no state organ, social organization or individual may compel citizens to believe in or not believe in religion, or discriminate against citizens who believe in or not believe in religion.
Civil law and commercial law. Civil law is a legal norm to adjust the property relationship and personal relationship between citizens and legal persons as equal subjects, and it follows the basic principles of equal status of civil subjects, autonomy of will, fairness, honesty and credit. Commercial law regulates the commercial relationship between commercial subjects, follows the basic principles of civil law, and adheres to the principles of ensuring the freedom of commercial transactions, paying for equal value, convenience and safety.
China has formulated the general principles of civil law, stipulated the basic rules that should be followed in civil and commercial activities, and defined the adjustment objects and basic principles of civil law, as well as the civil subject, civil behavior, civil rights and civil liability systems. With the development of market economy, China has successively enacted laws such as contract law, property law and rural land contract law, and established and improved the creditor's right system and the property right system including ownership, usufructuary right and security right; Formulate the Tort Liability Law and improve the tort liability system; Laws such as marriage law, adoption law and inheritance law have been enacted, and the marriage and family system has been established and improved; Formulate the law applicable to foreign-related civil relations and improve the system applicable to foreign-related civil relations; Laws such as company law, partnership enterprise law, sole proprietorship enterprise law, commercial bank law, securities investment fund law and farmers' professional cooperatives law have been formulated, and the commercial subject system has been established and improved; Laws such as securities law, maritime law, negotiable instrument law and insurance law have been formulated, and the commercial behavior system has been established and improved. China's maritime trade, bills, insurance, securities and other market economic activities have been gradually established and developed rapidly.
China attaches great importance to the protection of intellectual property rights, and has promulgated and implemented the Patent Law, Trademark Law, Copyright Law, Regulations on the Protection of Computer Software, Regulations on the Protection of Layout Design of Integrated Circuits, Regulations on the Collective Administration of Copyright, Regulations on the Protection of Information Network Communication Right, Regulations on the Protection of New Plant Varieties, Regulations on the Customs Protection of Intellectual Property Rights, Regulations on the Management of Special Signs and Olympic Signs. The Trademark Law promulgated by 1982 is an important symbol of establishing a modern intellectual property legal system in China. In order to further improve the level of intellectual property protection in China and meet the needs of joining the World Trade Organization, China has continuously improved the legal system of intellectual property rights, and revised the patent law, trademark law, copyright law and other laws and regulations for many times, which has highlighted the legal protection for promoting scientific and technological progress and innovation from the aspects of legislative principles, rights content, protection standards and legal remedies. By the end of 20 10, China had authorized more than 3.89 million patents of various types; There are more than 4.6 million registered trademarks, including more than 670,000 registered trademarks from 177 countries and regions. According to incomplete statistics, from 200 1 to 20 10, copyright administrative departments at all levels * * * collected 707 million infringing and pirated copies, and more than 93,000 cases of administrative punishment were transferred to judicial organs.
In order to promote reform and opening up and expand international economic cooperation and technical exchanges, China has enacted the Law on Sino-foreign Joint Ventures, the Law on Foreign-funded Enterprises and the Law on Sino-foreign Cooperative Ventures, which stipulate the investment conditions, procedures, management, supervision and management of foreign investors in China and the protection of their legitimate rights and interests, and establish the principle that foreign investors should respect China's national sovereignty when investing in China. And China's principles of protecting the legitimate rights and interests of investors, equality and mutual benefit, preferential treatment and following international rules. In order to better embody equality and mutual benefit and follow international rules, China has revised and improved these three laws for many times, fully guaranteeing the legitimate rights and interests of foreign investors in China. By the end of 20 10, China * * * had approved the establishment of 7 10747 foreign-invested enterprises, and the actual amount of foreign investment was 1 107858 million US dollars, which fully showed that China's legal system for protecting foreign investors was becoming more and more perfect.
Administrative law. Administrative law is a legal norm about the granting, exercise and supervision of administrative power. It adjusts the relationship between administrative organs and administrative counterparts arising from administrative activities, and follows the principles of statutory authority, statutory procedure, fairness and openness, and effective supervision, which not only ensures that administrative organs exercise their functions and powers according to law, but also pays attention to protecting the rights of citizens, legal persons and other organizations. By the end of 2011August, China has formulated 79 administrative laws and a large number of administrative regulations and local regulations regulating administrative power.
China attaches great importance to standardizing the exercise of administrative power by administrative organs, strengthening supervision over the exercise of administrative power according to law, and ensuring that administrative organs correctly exercise their power according to law. China has enacted the Administrative Punishment Law, which establishes the basic principles of statutory punishment, fairness and openness, equality of punishment and the combination of punishment and education, standardizes the right to set administrative punishment, stipulates a relatively complete decision and execution procedure of administrative punishment, and establishes an administrative punishment hearing system. Before making a decision on administrative punishment that may have a significant impact on the production and life of the parties, the administrative organ gives the parties the right to request a hearing. The Administrative Reconsideration Law was enacted, which stipulated the internal self-correction mechanism of administrative organs and provided relief for the legitimate rights and interests of citizens, legal persons and other organizations. According to this law, on average, more than 80,000 administrative disputes are handled through administrative reconsideration every year. The Administrative Licensing Law was enacted, which stipulated the establishment, implementing organs and procedures of administrative licensing, standardized the administrative licensing system, and defined the items that can be set to reduce administrative licensing. At the same time, it is stipulated that if citizens, legal persons or other organizations can make their own decisions, the market competition mechanism can be effectively regulated, industry organizations and intermediaries can manage themselves, and administrative organs can adopt other administrative management methods such as post-event supervision, administrative licenses will no longer be set up.
China attaches great importance to protecting the ecological environment on which human beings depend for survival and sustainable development, and has formulated the Environmental Protection Law, established the basic policy of coordinated development of economic construction, social development and environmental protection, and stipulated the rights and obligations of governments at all levels, all units and individuals to protect the environment. In order to prevent the adverse impact of construction projects on the environment, the environmental impact assessment method has been formulated.
Economic law. Economic law is a legal norm for the state to adjust the social and economic relations arising from the state's intervention, management or regulation of economic activities from the overall interests of society. Economic law provides a legal means and institutional framework for the state to moderately intervene and macro-control the market economy, and prevents the disadvantages brought by the spontaneity and blindness of the market economy. By the end of August 20 1 1, China had enacted 60 economic laws and a large number of related administrative regulations and local regulations.
Social law. Social law is a legal norm to adjust labor relations, social security, social welfare and the protection of the rights and interests of special groups. It follows the principles of fairness, harmony and moderate state intervention, and actively performs its duties through the state and society, providing necessary rights and interests protection for special groups in need of assistance, such as workers, unemployed people and people who have lost their ability to work, maintaining social fairness and promoting social harmony. By the end of August, 20 1 1, China had enacted 18 social law and a large number of administrative regulations and local regulations to adjust labor relations and social security.
China has formulated a labor law, which includes labor relations, labor protection, labor safety and health, vocational training, labor disputes, labor supervision and other closely related contents, and established China's basic labor system. Laws such as the Mine Safety Law, the Occupational Disease Prevention Law, and the Work Safety Law have been enacted, which have stipulated matters such as work safety and occupational disease prevention and strengthened the protection of workers' rights and interests. The labor contract law, employment promotion law and labor dispute mediation and arbitration law have been formulated, and the labor contract, employment promotion and labor dispute handling systems adapted to the socialist market economy have been established and improved; Laws and regulations such as the Red Cross Law, the Public Welfare Donation Law and the Regulations on the Management of Foundations have been formulated, and a system for promoting the development and management of social welfare undertakings has been established and improved; The trade union law was formulated and revised twice, which confirmed the position of trade unions in the country's political, economic and social life, defined the rights and obligations of trade unions, and played a positive role in safeguarding the legitimate rights and interests of workers in accordance with the law.
China attaches great importance to the construction of social security system, and has formulated a social insurance law, established a social insurance system covering urban and rural residents, and established five insurance systems, namely, basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance, to ensure that citizens can get necessary material help and living security in cases of old age, illness, industrial injury, unemployment and maternity. It is clear that the basic old-age insurance fund will gradually implement national overall planning, and other social insurance funds will gradually implement provincial overall planning; It stipulates the transfer and connection system of social insurance relations for the employment of workers in different co-ordination areas.
China attaches great importance to protecting the rights and interests of special groups, and has enacted laws such as the Law on the Protection of Disabled Persons, the Law on the Protection of Minors, the Law on the Protection of Women's Rights and Interests, the Law on the Protection of the Rights and Interests of the Elderly, and the Law on the Prevention of Juvenile Delinquency, which have formed a relatively complete legal system for protecting the rights and interests of special groups and played an important role in protecting the legitimate rights and interests of special groups and safeguarding social fairness and justice.
Criminal law. Criminal law is a legal norm that stipulates crime and punishment. It guarantees national security by standardizing the state's penalty power, punishing crimes, protecting people, and maintaining social order and public safety. By the end of August, 20 1 1, China had enacted a unified criminal law, eight amendments to the criminal law, a decision on punishing the crimes of fraudulent purchase of foreign exchange, evasion of foreign exchange and illegal trading of foreign exchange, and adopted legal interpretations of nine criminal law provisions.
China's criminal law has established some basic principles, such as a legally prescribed punishment for a crime, equality before the law, and adaptability between crime and punishment. China's criminal law clearly stipulates that: if the law expressly stipulates that it is a criminal act, it shall be convicted and punished according to the law; If the law does not clearly stipulate that it is a crime, it shall not be convicted and punished; Anyone who commits a crime is equal in the application of the law. No one is allowed to have the privilege of going beyond the law; The severity of punishment should be commensurate with the crimes committed by criminals and their criminal responsibilities. China's criminal law stipulates the concept of crime; The types of punishments are stipulated, including five main punishments, namely public surveillance, criminal detention, fixed-term imprisonment, life imprisonment and death penalty, and three supplementary punishments, namely fines, deprivation of political rights and confiscation of property, and the specific application of punishments is stipulated. It stipulates ten types of crimes and their criminal responsibilities, such as crimes against national security, crimes against public security, crimes against the order of socialist market economy, crimes against citizens' personal rights and democratic rights, crimes against property, crimes against social management order, crimes against national defense interests, crimes of corruption and bribery, crimes of dereliction of duty, and crimes of military personnel violating their duties.
According to the reality of economic and social development and changes, China has revised and interpreted the criminal law in time, and constantly improved the criminal legal system. 201/the criminal law amendment passed in February, 2008 (8) made a relatively significant amendment to the criminal law, and cancelled 13 capital punishment for economic non-violent crimes, accounting for19.438+0% of capital punishment crimes in China's criminal law; The legal provisions for lenient treatment of minors and elderly people over 75 years old and the execution methods of non-custodial sentences have been improved; Criminalize dangerous driving behaviors such as unpaid labor remuneration that seriously infringe upon the legitimate rights and interests of workers and drunk driving motor vehicles; We have intensified the punishment for some crimes that infringe upon citizens' personal freedom, life and health, further improved China's criminal legal system and strengthened the protection of human rights, which reflects the development of China's social civilization and the progress of democracy and the rule of law in the country.
Litigation and non-litigation procedure law. Litigation and non-litigation procedure law is a legal norm to regulate litigation and non-litigation activities to solve social disputes. Litigation legal system is the legal norm to regulate the judicial activities of the state to solve social disputes, and non-litigation legal system is the legal norm to regulate arbitration institutions or people's mediation organizations to solve social disputes. By the end of August 1965, China had enacted 10 procedural law and non-procedural law.
China has enacted the Criminal Procedure Law, which stipulates that all citizens are equal in the application of laws. The people's courts and people's procuratorates independently exercise judicial power and procuratorial power respectively. The people's courts, people's procuratorates and public security organs are responsible for the division of labor, cooperate with each other and check each other to ensure that criminal suspects and defendants are defended. No one can be found guilty without a judgment by the people's court according to law. It also stipulates systems and procedures such as jurisdiction, avoidance, defense, evidence, compulsory measures, investigation, prosecution, trial and execution, which effectively guarantees the correct implementation of the criminal law, protects citizens' personal rights, property rights, democratic rights and other rights, and ensures the smooth progress of socialist construction.
China has promulgated the Civil Procedure Law, which has established the basic principles and systems of civil litigation, such as equality of litigants' litigation rights, mediation, public trial and final appeal of second instance. According to the principle of voluntariness and legality, the litigation rights and obligations of the parties are clarified, the evidence system is standardized, and civil trial procedures, such as ordinary procedures of first instance, procedures of second instance, summary procedures, special procedures and trial supervision procedures, are specified, as well as enforcement procedures and compulsory measures.
China has enacted the Administrative Procedure Law and established the legal relief system of "people suing officials". The Administrative Procedure Law clearly stipulates that citizens, legal persons and other organizations have the right to bring an administrative lawsuit to the people's court according to law if they believe that their legitimate rights and interests have been violated by administrative organs and their staff. The people's courts independently exercise jurisdiction over administrative cases according to law and protect the legitimate rights and interests of citizens. Since the promulgation and implementation of the Administrative Procedure Law, an average of 654.38+million administrative cases have been accepted every year, which has guaranteed the legitimate rights and interests of citizens and promoted the administrative organs to exercise their administrative functions and powers according to law.
China has enacted the Arbitration Law, which regulates the establishment of domestic arbitration and foreign-related arbitration institutions, clearly stipulates that the arbitration commission is independent of the administrative organs, ensures the independence of the arbitration commission from the institutional setup, clearly regards the principles of voluntariness, arbitration independence and final arbitration as the basic principles of arbitration, and systematically stipulates the arbitration procedures. Since the promulgation and implementation of the Arbitration Law, * * * has arbitrated more than 500,000 economic disputes with a case value of more than 700 billion yuan, which has played a positive role in solving civil economic disputes fairly, timely and effectively, protecting the legitimate rights and interests of the parties, maintaining social and economic order and promoting social harmony.
People's mediation is a non-litigation dispute resolution method with China characteristics to resolve contradictions and eliminate disputes. China's Constitution and Civil Procedure Law stipulate the nature and basic principles of people's mediation. The State Council promulgated the Organization Regulations of the People's Mediation Committee, and people's mediation has been developing continuously. In 2009, people's mediation organizations mediated more than 7.67 million civil disputes, with a mediation success rate of over 96%. In order to further promote the people's mediation work and improve the people's mediation system, China has enacted the People's Mediation Law, which has written the good experience and good practices accumulated in the people's mediation work into law. Today, there are more than 820,000 people's mediation organizations and 4.67 million people's mediators in China, forming a people's mediation network covering the vast urban and rural areas, which has played an important role in preventing and reducing civil disputes, resolving social contradictions and maintaining social harmony and stability.
In addition, China has enacted extradition law, maritime special procedure law, labor dispute mediation and arbitration law, rural land contract management dispute mediation and arbitration law and other laws, and established and improved the legal system of litigation and non-litigation procedures.
The legal system established by the above-mentioned legal departments covers all aspects of social relations, and brings all aspects of state work and society into the track of rule of law, providing a solid foundation for governing the country according to law and building a socialist country ruled by law. Law has become an important means for Chinese citizens, legal persons and other organizations to solve various contradictions and disputes, and also provides an important basis for people's courts at all levels in China to safeguard the legitimate rights and interests of citizens, legal persons and other organizations.