Adaptation of International Law in the Chinese Constitution and Legal System: New Developments

Abstract

The relationship between a national constitution and international law reflects a nation’s self-positioning in the international legal regime and its reception of international law in the local context. The adaptation of international law in the Chinese Constitution and legal system determines China’s engagement and participation in the international law regime and indicates the country’s treaty performance. This paper provides an overview of the position and status of international law, including both treaties and customary international law, in China’s current 1982 Constitution and domestic legal system. It also analyzes current practice of international law in China’s judicial practice. By reference to recent developments in the PRC Constitution and domestic laws, especially the 2018 Constitutional Amendment, this article attempts to provide a contextual analysis on the standing of international law in the Chinese Constitution and legal system, in the hope that the understanding of the interplay between international law and the Chinese constitutional and legal system will help scholars and policymakers to pursue opportunities for cultural communication and reconciliation to seek normative consensus in the formation of international law.

The Path to Optimize the Authorized Legislative Power of Special Economic Zones

“…This not only relates to the power of the SAR government, but also involves the improvement and unity of China's legal system. Some scholars consider that granting the government of special economic zones the power to formulate regulations is the development and improvement of authorized legislation in special economic zones [1]. In the local legislative process, administrative agencies and local power agencies usually need to work closely together to ensure the smooth formulation and implementation of laws.…”