| The legislative, judicial, transactional and other practices of property rights show that legal sources of property rights in China are diversified. Legal sources of property rights include normative documents of law, the core of which are the laws in the narrow sense, namely those enacted by state legislatures, such as the Property Law and other laws. These laws are at the same level in the hierarchy of legislation and in a relationship of replacement, elaboration or supplementation with each other. Apart from the laws in a narrow sense, normative documents of law on property rights also include administrative regulations, local regulations, regulations on the exercise of autonomy, separate regulations without adaptation, regulations of special economic zones, judicial interpretations, departmental rules, and local governmental rules, which interpret and elaborate on the laws in the narrow sense and provide important support to the property rights under the precondition of not contravening the objectives of the laws in the narrow sense. Legal sources recognized by normative documents of law include relevant provisions adopted by the state or the State Council and contracts concluded between parties to civil relationships. Apart from the legal sources mentioned above, civil customs that are in high conformity with the fundamental purposes, the basic orientation, the overall style and the relevant provisions of the Property Law can be applied as supplements to the Property Law in cases where there is no other applicable source of law. The policies of the Communist Party of China play a vital role in the field of rural land property. When they are inconsistent with the laws in the narrow sense, the documents issued by the Central Committee of the Communist Party of China containing the basic and concrete policies of the Party can be taken as the basis of the reasoning in a judgment, but not as the direct basis of a judgment. |
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