Chong Bu on China’s Civil Code as a Super-Statute: Ramifications for Constitutional Theory (HKLJ)

"China’s Civil Code as a Super-Statute: Ramifications for Constitutional Theory"
Chong Bu (PhD Candidate)
Hong Kong Law Journal, Vol. 55, Part 2 of 2025, pp.253 - 276

Abstract: The concept of a super-statute refers to an ordinary statutory law with constitutional characteristics, distinguished by its function, normative framework and far-reaching impact. Comparative constitutional experiences highlight the global prevalence of super-statutes as a crucial vehicle for constitutional development. This article examines the role of the Civil Code of the People’s Republic of China (PRC) as a super-statute in developing and entrenching constitutional norms through constitutionalisation of private law, particularly in light of the absent judicial enforceability of the country’s formal constitution. The Civil Code serves as an important legal instrument for governance, fulfilling key constitutional roles in regulating governmental behaviour, safeguarding rights, balancing social interests, upholding fundamental values and navigating societal advancement. Through its established co-ordination mechanisms for judicial application, the Civil Code wields a broad and profound influence across China’s political, legal and societal spheres.