中華人民共和国における法源

抄録

What can exactly be recognized as the law? This question not quite the same as more ambitious question, "What is law in China", is nevertheless the first question to be addressed by any study of the legal system in the People's Republic of China (the PRC).
This article surveys the system of legislation, the forms of legislation and other points, including amendment, promulgation and enforcement, translation, judicial precedent, custom, and the "policy" (_??__??_) of the state or Chinese Comunist Party (CCP) as a source of the law.
There are some significant features in the sources of the law of the PRC;
1, All of the laws of Guomindang (Chinese Nationalist Party) were repealed before the founding of the PRC;
2, Because of this, the policy of the state or CCP has been one of the sources on those ocasions when there is no other existing legislation;
3, There are so many different kinds of forms of legislation that the forms which are provided in laws on state organization cannot cover all of them;
4, But, in quantity of laws and regulations, there are 36 (37) kinds of the forms which are provided in laws on state organization that cover most of legislation;
5, 25 (26) of the 36 (37) are Gongwen (_??__??_), most of which are reports or documents of state administrative authorities;
6, There had been no clear rules on promulgation and enforcement before 1987;
7, There is still no rule of judicial precedent;
8, Custom is recognized as a source of the law or a reference only in certain laws and regulations.