Chapter 8

China

Vincent Wang

Vincent Wang

Davis Wright Tremaine LLP, USA

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Edward J. Davis

Edward J. Davis

Davis Wright Tremaine LLP, USA

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Yonatan Berkovits

Yonatan Berkovits

Davis Wright Tremaine LLP, USA

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First published: 16 January 2013
Citations: 2

Summary

The legal system of the People's Republic of China (China) is based on the Constitution and civil and criminal codes. It resembles a European-style civil law system in many ways but has distinctive features that reflect the history and government of China. Laws are enacted by the National People's Congress. The State Council and its ministries issue regulations and rules as authorized by the Congress. The judicial system includes the Supreme People's Court, a high court for each province, one or two intermediate courts for each city, and a district court for each district in a city or town. There is no specific statute governing defamation law or mass communication law in China. The legal rights of the parties in defamation cases are governed by the Constitution, the criminal law, the General Principles of Civil Law, the Tort Liability Law, and various judicial interpretations issued by the Supreme People's Court of China, including two “interpretations” of the Supreme Court addressing questions of defamation, issued in 1993 and 1998, and some “replies” addressing questions raised by lower courts in particular defamation cases.

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