Building Projects in China A Manual for Architects and Engineers
Building Projects in China is the first publication on the book market to give a comprehensive overview of the planning activities of foreign architects in China. This practical handbook outlines legal framework conditions, introduces the Chinese building
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Building Law in China RA Dr Christian Gloyer
B 2.1
Introduction
China is an alien world for Europeans and Americans in particular. This does not just apply to culture: legal perceptions and legal practice in China are also very different. The central legal concept, fa in Chinese, means both "law" and also "method" or "way". The word for law in the sense of a personal legal right - quanli - is made up of a component meaning "power" and one that can be translated by "benefit" or "profit". Even here it can be seen that the Chinese concept of law is not as rigid as the European one. Laws are to be understood as methods and guidelines for state power, and rights as advantageous, but not necessarily inalienable, positions of influence and power.
The Legal system of the People's Republic of
The People's Republic of China calls itself a socialist constitutional Socialist constitutional state in the preamble to its constitution. This means that all state ^^^^^ organizations on all levels are obliged to abide by the constitution and the law (Article 5 of the constitution). The constitution further expressly guarantees protection of the legal rights and interests of foreign companies working in China. Essentially the term "socialist constitutional state" means two things: the constitution itself provides for a socialist-style property law. One of its provisions is that land in cities and all mineral resources belong to the state authorities. A twin-track concept applies to ownership of the means of production: on the one hand public ownership of the means of production is pre-eminent, to prevent capitalistic exploitation of human beings by human beings; on the other, however, a complementary sector of rural and urban private economy is accepted (under Articles 6-11 of the constitution). Legal private ownership is guaranteed and protected under the constitution, expropriation is admissible and subject to compensation only within legal limits and for the general good. The adjective "socialist" further implies that law in China remains bound to the aim of achieving Communism under the leadership of the Chinese Communist Party (CCP) and in compliance with MarxismLeninism and the ideas of Mao Zedong as well as the theories of Deng Xiaoping.
60 Legal standards versus Party standards
Generally accessible and internal standards
Building Law in China
As has already been mentioned, the concept of law in Chinese is more ambiguous than in German or European linguistic usage. Law always implies methods as well, and that suggests a means to an end. So the term standard would actually be closer to the Chinese/a. The distinction between legal standards and Party standards is very important in Chinese legal practice. The latter are political guidelines laid down by the CCP and its committees, and they may also contain requirements for certain economic sectors. These Party standards - and this absolutely contradicts Western constitutional state traditions - take precedence over constitutional law in cases of conflict. It is important
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