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What is the meaning of the source of law?

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What is the meaning of the source of law?


        

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  • 2024-06-12 22:00:49

    What is the meaning of the source of law?
    The origin of law (legal form): refers to the external manifestations of laws that have different sources (enacted and non enacted laws, legislated and enacted by the government, etc.) and therefore have different validity meanings and functions. As a legal term, it mainly uses 1. historical origin in the following three semantics. It refers to the past behaviors, events and laws that caused the production of specific legal norms. In other words, the historical origin of law refers to the relationship between specific legal norms and the behaviors and events that have occurred in history, or what content has been drawn from a certain law in history or what kind of influence has been received. 2. Theoretical origin. It refers to the theoretical source of specific legal norms (including legal principles). These theories put forward and demonstrated the rationality of certain social behaviors or legal principles, and were generally recognized by the class in charge of political power, which became the theoretical basis of specific legal norms (including legal principles). 3. Essential origin. That is to say, in essence, what the law comes from. The origin of law is of great significance. First, the origin of law is an important symbol to distinguish law from other social norms. Not all social norms are laws. Only those social norms that are formulated or recognized by certain state organs through certain procedures and become a source of law are laws. In order to turn a certain will into law, a special social norm, we must make this will take the form of law. Generally speaking, only social norms that become the source of law can become the basis for judicial organs to handle cases. Only by understanding the origin of contemporary Chinese law can we understand what forms or types of laws exist in China today, and what are the main grounds for handling cases in China's judicial organs today. Secondly, the sources of law have different categories because they are generated or recognized by different state organs. Legislators cannot formulate or recognize sources of law that do not fall within their jurisdiction. Studying the origin of law helps to solve the problem of what kind of state organ has the power to produce what form of law. Thirdly, different sources of law can represent different levels of effectiveness of law. Studying the sources of law can help to adopt appropriate forms of law to represent different levels of effectiveness of law, and help to clarify which laws have higher effectiveness and which laws have the highest effectiveness. Finally, the sources of different laws are suitable for adjusting different social relations, and the sources of different laws also have different technical characteristics. Studying the source of law can help legislators adjust certain social relations in the form of appropriate laws, and formulate or approve specific forms of laws by using specific legislative techniques. Do you understand that?

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