中國法의 特徵과 法源에 關한 考察

A Study on Characteristics and Sources of Chinese Law

&nbsp;&nbsp;Chinese legal reform became a government priority in the 1990s. The Chinese government has promoted a reform it often calls "legalisation". Legalisation, among other things, has provided the regime with a gloss of legitimacy and has enhanced predictability. There have been major efforts in the rationalisation and strengthening of the legal structure and institution building in terms of developing and improving the professionalism of the legislature, judiciary and legal profession. The basic principles of Chinese legislative drafting include generality and flexibility. Sometimes excessive generality and omissions in Chinese law, coupled with the wide discretionary powers conferred on local authorities to implement laws, undermines the predictability and certainty of law.<BR>&nbsp;&nbsp;After the transfers of sovereignty, Hong Kong and Macau continue to practise English Common Law and Portuguese legal systems respectively, with their own courts of final appeal. In other words, Hong Kong and Macau are outside of the legal jurisdiction of the People&quot;s Republic of China, except on constitutional issues. This article analyzes legal system, legal collision and legal characteristics of China.