China¡¯s Legal Framework and Reform History of Land Administration System
I. China¡¯s constitutional nature and political system
Article I of China¡¯s constitution says that ¡°The People¡¯s Republic of China is a socialist state under the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants¡±. And article II says, ¡°All powers in the People's Republic of China belong to the people. The National People¡¯s Congress and the local people's congresses at various levels are the organs through which the people exercise state power¡±. These two articles clearly stated that China¡¯s constitutional nature is the people's democratic dictatorship, and its political regime is founded upon the People's Congress system.
And article II says, ¡°All powers in the People's Republic of China belong to the people. The National People¡¯s Congress and the local people's congresses at various levels are the organs through which the people exercise state power¡±. These two articles clearly stated that China¡¯s constitutional nature is the people's democratic dictatorship, and its political regime is founded upon the People's Congress system.
II. China¡¯s legal system
In the existing legal system of China, the word ¡°law¡± has broad and narrow definitions. The broad ¡°law¡± covers the total of all behavior norms which have universal conforming powers and are guaranteed with compulsive enforcements by the state. From perspective view of legislatures, the broadly-defined laws include all of normative legal documents enacted by state organs in due process and in compliance with the legislation powers endowed by Constitution of People¡¯s Republic of China and Legislation Law of People¡¯s Republic of China. Whereas, the narrowly-defined ¡°law¡± is confined to normative legal documents constituted by the National People¡¯s Congress and its Standing committee, even not including the Constitution itself.
