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The Socialist System of Laws with Chinese Characteristics Information Office of the State Council The People's Republic of China October 2011, Beijing Contents Foreword

I. Establishment of the Socialist System of Laws with Chinese Characteristics II.Composition of the Socialist System of Laws with Chinese Characteristics III.Features of the Socialist System of Laws with Chinese Characteristics IV.Improvement of the Socialist System of Laws with Chinese Characteristics Concluding Remarks Foreword

Governing the country by law and building a socialist country under the rule of law is a fundamental principle for the Communist Party of China (CPC) to lead the people and effectively govern the country. We need to bring into being a socialist system of laws with Chinese characteristics so as to ensure there are laws to abide by for the carrying on of state affairs and social life; this is a precondition and foundation for us to implement the fundamental principle of the rule of law in all respects, and an institutional guarantee for China's development and progress. 依法治国，建设社会主义法治国家，是中国共产党领导人民治理国家的基本方略。形成中国特色社会主义法律体系，保证国家和社会生活各方面有法可依，是全面落实依法治国基本方略的前提和基础，是中国发展进步的制度保障。

In 1949 the People's Republic of China was founded, marking the great transition from the centuries-old dictatorial system of feudalism to the system of people's democracy, putting an end to the period of semi-colonialism and semi-feudalism in China, and enabling the people to become masters of the country, society and their own life. For over 62 years, particularly since the policy of reform and opening up was adopted in 1978, the CPC has led the Chinese people in making the Constitution and laws. With concerted and unremitting efforts, by the end of 2010 we had put in place a socialist system of laws with Chinese characteristics, which is based on the conditions and reality of China, meets the needs of reform, opening up and the socialist modernization drive, and reflects the will of the CPC and the Chinese people. This legal system, headed by the Constitution, with laws related to the Constitution, civil and commercial laws and several other branches as the mainstay, and consisting of laws, administrative regulations, local regulations and other tiers of

legal provisions, ensures that there are laws to abide by in economic, political, cultural and social development, as well as in ecological civilization building.

1949年，中华人民共和国成立，实现了中国从几千年封建专制制度向人民民主制度的伟大跨越，彻底结束了旧中国半殖民地半封建社会的历史，人民成为国家、社会和自己命运的主人。60多年来特别是改革开放30多年来，中国共产党领导中国人民制定宪法和法律，经过各方面坚持不懈的共同努力，到2010年底，一个立足中国国情和实际、适应改革开放和社会主义现代化建设需要、集中体现中国共产党和中国人民意志，以宪法为统帅，以宪法相关法、民法商法等多个法律部门的法律为主干，由法律、行政法规、地方性法规等多个层次法律规范构成的中国特色社会主义法律体系已经形成，国家经济建设、政治建设、文化建设、社会建设以及生态文明建设的各个方面实现有法可依。

The socialist system of laws with Chinese characteristics is a legal foundation for socialism with Chinese characteristics to retain its nature, a legal reflection of the innovative practice of socialism with Chinese characteristics, and a legal guarantee for the prosperity of socialism with Chinese characteristics. Its establishment is an important milestone in China's development of socialist democracy and the legal system, and showcases the great achievements of reform, opening up and the socialist modernization drive. It is of great realistic and far-reaching historic significance. 中国特色社会主义法律体系，是中国特色社会主义永葆本色的法制根基，是中国特色社会主义创新实践的法制体现，是中国特色社会主义兴旺发达的法制保障。它的形成，是中国社会主义民主法制建设的一个重要里程碑，体现了改革开放和社会主义现代化建设的伟大成果，具有重大的现实意义和深远的历史意义。

I. Establishment of the Socialist System of Laws with Chinese Characteristics 一、中国特色社会主义 法律体系的形成

The socialist system of laws with Chinese characteristics was formed gradually under the leadership of the CPC in the course of adapting itself to the cause of building socialism with Chinese characteristics.

中国特色社会主义法律体系是在中国共产党领导下，适应中国特色社会主义建设事业的历史进程而逐步形成的。

When the People's Republic of China was founded, it was confronted with the difficult tasks of organizing and consolidating the new political power, restoring and developing the national economy, and realizing and guaranteeing the people's right to be masters of the country. To meet the needs of construction of the political power, from 1949 to 1954, before the convening of the

First National People's Congress (NPC), China promulgated and implemented the Common Program of the Chinese People's Political Consultative Conference, which acted as a temporary constitution, and enacted the Organic Law of the Central People's Government, Trade Union Law, Marriage Law, Land Reform Law, Interim Regulations on the Organization of the People's Courts, Interim Regulations on the Organization of the Supreme People's Procuratorate, Regulations on Punishment of Counter-revolutionaries, Interim Regulations on Punishment for Impairment of the State Currency, Regulations on Punishment for Embezzlement, Electoral Law of the National People's Congress and Local People's Congresses, and laws and regulations on the organization of local people's governments and local judicial organs, on regional ethnic autonomy, on the management of public and private enterprises, and on labor protection. With these laws and regulations, New China embarked on its course of development of democracy and the legal system.

建国初期，中华人民共和国面临着组建和巩固新生政权、恢复和发展国民经济、实现和保障人民当家作主的艰巨任务。根据政权建设的需要，从1949年到1954年第一届全国人民代表大会召开前，中国颁布实施了具有临时宪法性质的《中国人民政治协商会议共同纲领》，制定了中央人民政府组织法、工会法、婚姻法、土地改革法、人民法院暂行组织条例、最高人民检察署暂行组织条例、惩治反革命条例、妨害国家货币治罪暂行条例、惩治贪污条例、全国人民代表大会和地方各级人民代表大会选举法以及有关地方各级人民政府和司法机关的组织、民族区域自治和公私企业管理、劳动保护等一系列法律、法令，开启了新中国民主法制建设的历史进程。

In 1954 the First Session of the First NPC was held. The session adopted the first Constitution of New China, which established the principles for people's democracy and socialism, established the people's congress system as a fundamental political system, and provided for the basic rights and obligations of Chinese citizens. The session also adopted organic laws of the NPC, the State Council, local people's congresses and local people's committees, people's courts, and people's procuratorates, thus establishing the basic principles for state affairs. In 1956 the Eighth National Congress of the CPC proposed that \systematically according to its needs.\legislature had enacted over 130 laws and decrees. The building of democracy and the legal system in this period provided valuable experiences for building a socialist system of laws with Chinese characteristics. During the \revolution,\China suffered grave setbacks in its work to improve democracy and the legal system, and its legislation almost came to a standstill.