PRC Legal Qualification (HK) flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Ten Persistences

The core tenets of Xi Jinping Thought on the Rule of Law, adopted in 2020, covering Party leadership, people-centred approach, socialist rule of law system, constitution-based governance, and integrated construction.

Four Comprehensives

The strategic layout comprising comprehensively building a moderately prosperous society, deepening reform, advancing law-based governance, and strict Party governance.

Constitution Day

4 December, the date the current PRC Constitution was adopted in 1982; it is the national Constitution Day established in 2014.

Constitutional amendment procedure

The NPC amends the Constitution by a two-thirds majority of all deputies; the Standing Committee or one-fifth of NPC deputies may propose an amendment (Article 64).

Grundnorm

Kelsen's basic norm, the presupposed ultimate norm from which all lower norms in a legal system derive their validity in the pure theory of law.

Rule of recognition

Hart's secondary rule that identifies which rules count as law in a legal system, based on social acceptance rather than moral content.

Civil Code effective date

The PRC Civil Code was adopted on 28 May 2020 and entered into force on 1 January 2021, replacing nine separate civil laws.

Statutory limitation period

The general period is three years from when the right holder knows or should have known of the infringement and the obligor; the maximum is 20 years from the infringement.

Void civil juristic act

An act is void if it violates mandatory provisions of law or administrative regulations, or is contrary to public order and good morals (Civil Code Article 153).

Criminal responsibility age

Generally 16; 14-16 for eight serious crimes; 12-14 for intentional homicide or injury causing death or serious disability by especially cruel means, subject to SPP approval.

Principle of legality

Article 3 of the PRC Criminal Law: no act is a crime and no penalty may be imposed unless expressly provided by law.

Accessory liability

An accessory (从犯) in a joint crime plays a secondary or auxiliary role and may receive a lighter or mitigated penalty, or be exempted from punishment.

Exclusive jurisdiction

Under Civil Procedure Law Article 34, real estate disputes are heard at the property location, port operations at the port, and inheritance at the deceased's domicile or main estate location.

Burden of proof

The party asserting a fact must provide evidence for it; the court may investigate and collect evidence on its own motion only in limited circumstances (Civil Procedure Law Article 67).

Electronic data

A statutory type of evidence under Civil Procedure Law Article 66, covering electronic records such as emails, chat logs, and online transaction records.

Plea leniency

A 2018 Criminal Procedure Law reform: if a suspect voluntarily confesses and accepts the proposed penalty, the procuratorate may recommend leniency and the court generally adopts it.

Detention period

Public security may detain a suspect for up to 37 days before arrest: 30 days for investigation plus 7 days for procuratorate review (Criminal Procedure Law Article 91).

Duty lawyer

A lawyer assigned by legal aid to provide legal assistance to a suspect who has no defender, introduced by the 2018 Criminal Procedure Law amendment.

Administrative litigation limitation

A lawsuit must generally be filed within six months of knowing the administrative act (ALL Article 46), or 15 days after receiving a reconsideration decision (Article 45).

Burden in administrative litigation

The defendant administrative organ bears the burden of proving the legality of the challenged act and must provide the evidence and normative documents on which it is based (ALL Article 34).

Administrative reconsideration period

Application must be made within 60 days of knowing the act; the reconsideration organ decides within 60 days, extendable by 30 days (Administrative Reconsideration Law).

Five-year capital rule

The 2023 Company Law revision requires shareholders of a limited liability company to pay in their subscribed capital within five years of establishment.

Audit committee

Under the 2023 Company Law, a company may replace the board of supervisors with an audit committee established within the board of directors (Articles 69, 121).

Anti-monopoly Law 2022

The amended Anti-Monopoly Law prohibits monopoly agreements, abuse of dominance, and concentrations that eliminate or restrict competition, and strengthens enforcement and liability.

Double wages

Under Labour Contract Law Article 82, an employer that fails to conclude a written contract within one month of employment must pay double wages from the second month.

Article 38 ICJ Statute

Lists the sources of international law: conventions, custom, general principles, and judicial decisions and teachings as subsidiary means for determining rules of law.

Party autonomy

Under the PRC Law on the Application of Laws to Foreign-Related Civil Relations Article 41, parties to a contract may choose the governing law; absent choice, the closest connection applies.

New York Convention

The 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards; China applies the commercial and reciprocity reservations.

CISG

The UN Convention on Contracts for the International Sale of Goods; China is a party and made a reservation against Article 1(1)(b).

CIF

An Incoterms 2020 sea-freight rule under which the seller delivers goods on board, pays freight, and procures insurance covering the buyer's risk during carriage.

Foreign-related jurisdiction

The 2023 Civil Procedure Law amendment (Article 276) allows Chinese courts to hear disputes with an appropriate connection to China even if the defendant has no domicile in China.

National Supervisory Commission

A state organ created by the 2018 constitutional amendment to supervise all public officials exercising public power; it is not a judicial organ.