In China, according to the legislative system stipulated by the Constitution and the Legislative Law, the rank of legal effectiveness from high to low is: fundamental law, basic law and general law, administrative regulations, local regulations, administrative regulations and other normative documents. China’s administrative regulations and rules are not only distinguished only by names, but also are divided by and depends especially on the making institution or authority. Administrative regulations with gradually decreasing effectiveness include:
- Rules for implementation of law: issued by the State Council;
- Rules for implementation: issued by the state council or component ministries and subordinate administration of the State council
- Regulations: issued by the State council, component ministries and subordinate administration of the State council, provincial-level government;
- Implementation rules and measures: issued by the state council or component ministries and subordinate administration of the State council;
- Notice, advice, decision, guide and etc.: issued by the state council or component ministries and subordinate administration of the State council !
Article 88 of the Legislative Law stipulates: “The effectiveness of the law is higher than that of administrative regulations, local regulations and regulations. The effectiveness of administrative regulations is higher than that of local laws and regulations.
Article 89 of the Legislative Law stipulates that: “The effectiveness of local laws and regulations is higher than that of local governments at the corresponding and lower levels. The effectiveness of the rules formulated by the people’s governments of provinces and autonomous regions is higher than those formulated by the people’s governments of larger cities within their respective administrative regions.” It can be seen that these legal sources belong to the relationship between the upper law and the lower law. Article 90 of the Legislative Law stipulates that “the provisions of autonomous regulations and special regulations shall apply to autonomous regions if they make adaptations to laws, administrative regulations and local regulations according to law. The provisions of the laws and regulations of the special economic zones shall apply to the special economic zones if they are authorized to make adaptations to laws, administrative regulations and local regulations.”
Article 91 of the Legislative Law also stipulates that “between departmental rules and regulations, between departmental rules and regulations of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government, they have the same power and shall be implemented within their respective jurisdictions.” That is to say, these legal sources belong to the relationship of apposition law.
In terms of the validity of general law and special law, the principle that special law is superior to general law is applicable in jurisprudence. In terms of the validity of the new law and the old law, the principle of “the new law is superior to the old law” is applicable in jurisprudence. Article 92 of the Legislative Law stipulates that “if the laws, administrative regulations, local regulations, autonomous regulations and separate regulations and rules formulated by the same organ are inconsistent with the general provisions, special provisions shall apply; if the new provisions are inconsistent with the old ones, the new provisions shall apply.”