A Legislative System for China’s Conditions and Realities
摘要
This chapter traces the evolution of China’s legislative system from 1949 to the present, showing how it has been shaped by China’s unitary structure, socialist character and the leading role of the CPC. After abolishing the Kuomintang legal order, the new China first experimented with a dispersed pattern of law-making to consolidate power and revive the economy. The highly centralized model established by the 1954 Constitution matched the planned economy but stifled local initiative. Reform and opening-up brought a decisive turn, changing the centralized model into a unitary yet multi-tiered system, which allocates exclusive national powers to the NPC, grants the State Council power to enact administrative regulations, and allows provinces, larger cities and cities with subordinate districts to adopt local regulations. It also highlights the 2018 constitutional amendment which further improved this structure. It concludes that the current system balances national unity with local diversity, supplies rules for rapid socio-economic change, and underpins the modernization of China’s governance capacity while preventing fragmentation and local protectionism.