Legal correspondenceenglishIt is a legal system.[4]In normal Chinese use, the word "legal system" is not“legal system”An abbreviation for this phrase.
The concept of the rule of law is established as the opposite of another understanding and belief of the purpose of the existence of law, that is, the rule of law (English: rule by law[5]）。The rule of law is regarded as the pursuit of legal instrumentalism, that is, the law is regarded as the tool of government rule, and the rule of law means that the government itself is also subject to legal constraints.The rule of law believes that no one can be exempt from or above the law, and its concept can be traced back toancient Greek。AristotleIt is said that "law should rule".In history, another belief in sharp contrast to the rule of law isroman lawThe regime in China is above the law (English: rex lex).The belief in the rule of law first lies inCommon law systemAnd then to the world.
In the western academic circles, the concept of rule by law was established precisely after learning that China's legal practice, which regards law as a tool, is not only different from the political power over the law, but also different from the belief in the rule of law.The Chinese translation of the phrase "Rule by law" includes the rule of law, rule by law andRule by law。
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In 1949, the total number of laws and regulations was about 500000 (including expired laws and regulations)
Highest in ChinaAuthorityThe National People's Congress and the National People's CongressStanding CommitteeexerciseNational legislative power, after the legislation is passedpresidentSign the Order of the President for publication.Therefore, the level of law is the highest.
Laws are generally called established laws, such as the Constitution, Criminal LawLabor Contract LawEtc.
2. Legal interpretation:
It refers to the interpretation or limitation of some provisions or words in the law.These explanations will involveApplication of lawQuestion.Power of legal interpretationIt belongs to the Standing Committee of the National People's Congress, and its legal interpretations have the same effect as laws.
There is anotherjudicial interpretationThat is, the interpretation made by the Supreme People's Court or the Supreme People's Procuratorate, which is used to guideBasic courtsJudicial work.
3. Administrative regulations:
It is formulated by the State Council and signed by the Premier of the State Council after being approvedOrder of the State Councilpublish.These regulations are also universal across the country and supplement the laws. They will be added to the laws when they are mature, and their status is second only to the laws.
It is formulated by provinces, autonomous regions and municipalities directly under the Central GovernmentPeople's CongressAndStanding Committee, equivalent to the highest authority of each place.
Other regulations are formulated by the provinces, autonomous regions, municipalities directly under the Central Government andLarger citiesIt is formulated by the people's government of the People's Republic of China, and is only valid in its own administrative region.For example, the Decision of the People's Government of Beijing Municipality on Amending the Administrative Provisions of Tiananmen District of Beijing Municipality, and the Measures of Beijing Municipality on the Implementation of the Provisional Regulations of the People's Republic of China on Land Use Tax, etc.
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The Constitution has the highestlegal effect, all laws, administrative regulationsLocal regulationsAutonomous regulations, special regulations and rules shall not contravene the Constitution.The effect of laws is higher than administrative regulations, local regulations and rules.Administrative regulations are more effective than local regulations and rules.The effectiveness of local regulations is higher than that of the same level and lower levelLocal government regulations。Rules formulated by the people's governments of provinces and autonomous regions are more effective than those formulated by the people's governments of the larger cities in their respective administrative regions.
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It is often necessary to inquire about laws and regulations in daily life, especially for legal practitioners.Many domestic websites can find relatively complete laws and regulations.For example:
administrative lawThere are many principles that should be followed. According to different levels, they can be divided into three categories: one isPolitical principlesandConstitutional principles。This is the highest principle of China's administrative law, which stipulates the direction, path and fundamental nature of the development of administrative law.The second category is the general principles of administrative law, also calledbasic principle。This kind of principle is under the political principle and the constitutional principle, and it comes into being and refers to all administrative lawsAdministrative legal norms。The third type is the special principle of administrative law, which is under the basic principle, originates from administrative law and guides local administrative law norms.for exampleadministrative proceedingsIf the execution is not suspended, the defendant shall be responsibleBurden of proof。
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1、 Laws and regulations have an explicit effect.The express function of laws and regulations is mainly toLegal provisionsThe form of "" clearly tells people what can be done, what can't be done, which behaviors are legal and which are illegal.What kind of sanctions will be imposed on violators.This role is mainly achieved through legislation and law popularization.The express function of law is the basic premise to realize the knowledge and compliance of law.
2、 Laws and regulations play a preventive role.The preventive role of laws and regulations is mainly through the explicit role of laws and regulations, the effectiveness of law enforcement andillegal activitiesIt is realized by the degree of punishment.The explicit role of law can enable people to know the law and distinguish right from wrong, that is, what can be done, what is absolutely prohibited in people's daily behavior, what legal sanctions should be imposed for violating the law, whether they can be flexible after breaking the law, how many possibilities of flexibility, and so on.In this way, people consciously adjust and control their own thoughts and behaviors according to the provisions of the law in their daily specific activities, so as to effectively avoid violations andCriminal phenomenonPurpose of occurrence.Strict, timely and effective law enforcement can also warn people that if they do not break the law, they will be punished.In this way, an indestructible line of thought and behavior can be established in everyone's heart.Only in this way can we do what we have ordered and stop what we have forbidden.Received the good standard effect that square is square, round is round.
3、 StatutoryCorrective action。Also known as laws and regulationsNormative role。This role is mainly through the lawEnforcementTo mechanically correctsocial behaviorSome deviating from the legal trackWrongful actTo return it to the normal legal track.For example, the mandatory legal reform of some criminals who have violated the law has made their illegal acts get mandatory correction.
4、 Laws and regulations are reversedSocial ethos, purify people's mindsPurify social environmentOfSocialBenefits.Rationalize, improve and stabilize social relations between people, and improve the overallSocial operationEfficiency and civilization.As a realLegal societyIt is a society with high order, stability, efficiency and civilization.This is also the ultimate purpose and the most fundamental role of the legal system.[3]
