A comparison the United States law of contracts with the law of contracts of the People's Republic of China.
Massachusetts Comparison of Contract Law of the People's Republic of China with The United States
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FAQ
The Constitution has supreme legal authority in the socialist system of laws with Chinese characteristics. All laws, administrative and local regulations must be made in accordance with the Constitution and follow its basic principles, and must not contravene the Constitution.
China adopts a socialist legal system with Chinese characteristics. The system consists of legislative, executive, judicial and legal supervision organs.
China has no common law. Instead, China has mainly a civil law system. In China, the law means statutes and excludes case law. In other words, court cases are not law; only rules codified by the legislature, the executive, and the judiciary are laws.
China's legal system is largely a civil law system, although found its root in Great Qing Code and various historical system, largely reflecting the influence of Continental European legal systems, especially the German civil law system in the 19th and early 20th centuries.
The Civil Law of the People's Republic of China shall adjust property relationships and personal relationships between civil subjects with equal status, that is, between citizens, between legal persons and between citizens and legal persons. Parties to a civil activity shall have equal status.
Civil law' is the basic (Yiben) law used to regulate relations in a commodity economy. In the legal system of the People's Republic of China ("PRC") civil law occupies a critical position. Chinese law is divided into three levels: fundamental (genben) law, basic (jiben) law, and specifically enacted (danxing) law.
Some scholars believe that given China's socialist and non-democratic political system and practice, it is at best regarded as a country of rule by law with law used by the state as an instrument for social control.
What is the legal significance in most states when a minor misrepresents his age? If a competent party relies on the misrepresentation in good faith, the minor forfeits the right to disaffirm the agreement.
A law passed by the National People's Congress shall be promulgated by presidential order signed by the state president. The power to interpret law shall be vested in the Standing Committee of National People's Congress.
China has no common law. Instead, China has mainly a civil law system. In China, the law means statutes and excludes case law. In other words, court cases are not law; only rules codified by the legislature, the executive, and the judiciary are laws.