Overview of the law
The concept of law
Developed or recognized by the state
Represents the will of the ruling class
The function of law
The normative role of law
Evaluation effect
Judge and measure other people's behavior
Predictive effect
Pre-estimate the consequences of each other
Forced production
Forced effect on illegal crimes
Educational role
Demonstration and warning functions
The social role of law
1. Maintain the class rule of the ruling class
2. Execute social public affairs
Legal principles and legal rules
1. Legal principles: fuzzy, abstract
2. Legal rules: specific and clear
Different certainty
1️⃣Deterministic rules (the content is clear and affirmed)
2️⃣Appointment rules (appointment of other agencies)
3️⃣Accurate rules (refer to or quote other legal provisions)
Different limits or degrees
Law and morality
All have coercive power, morality has spiritual coercive power
Legal relations
The concept of legal relations
It is the relationship between rights and obligations
It is a social relationship established based on legal norms and is legitimate.
Three elements of legal relations
1. Subject
1. Natural person
2. Institution or organization
3. Country
2. Content
1. Legal rights
Rights can be decided independently, enjoyed or waived
2. Legal obligations
Obligations must be fulfilled
3. Object
1. Things
2. Human body
3. Intellectual achievements (intellectual property: works, patents, trademarks, etc.)
4. Behavior
Formation, Change and Elimination of Legal Relations
Legal norms
It is the legal basis for the formation, change and extinction of legal relations
Legal facts
Objective situations or phenomena that can directly cause the emergence, change and elimination of legal relations
Legal conduct
Contract, will, marriage registration, etc.
Legal Events
Revolution, war, riots, etc.
Not to be transferred by human will
Legislation and Legal Interpretation
legislative power
National legislative power
law
National People's Congress and its Standing Committee
Local legislative power
General local regulations
Provincial and municipal people's congresses and their standing committees
Autonomous regulations, single-line regulations
People's Congress of autonomous regions, autonomous prefectures, and autonomous counties
Pudong New Area Regulations
Shanghai Municipal People's Congress and its Standing Committee
Hainan Free Trade Port Regulations
Hainan Provincial People's Congress and its Standing Committee
Administrative legislative power
Administrative Regulations
Departmental regulations
Constituent departments and directly affiliated institutions of the State Council
Local government regulations
Provincial and municipal people's governments formulated
Administrative Regulations
Other legislative powers
Supervision regulations
National Supervisory Commission
The effectiveness of legislation
Level of effectiveness
The fundamental law is greater than the common law
The upper law is greater than the lower law
People's Congress and People's Convention at the same level> Government at the same level
New law is better than old law
Special law is better than general law
Especially the surface of the method is narrow, the surface of the method is wide
Legislative rulings
Departmental regulations and local government regulations
Ruling by the State Council
Departmental regulations and local regulations
State Council’s comments
Applicable departmental regulations
Request a permanent ruling from all over the country
Applicable local regulations
Legal interpretation
Formal explanation
Legislative Interpretation
Commonly common to all people in the country
Judicial Interpretation
Supreme Court, Supreme Procuratorate
Administrative explanation
The State Council and its competent departments
The origin of law
Official origin
1. The Constitution is the core of the formulation law
Constitution Law Regulations Rules Autonomous Regulations Single Regulations
2. International treaties and international practices
Implementation of the law and legal liability
Implementation of the law
1. Enforcement of the law (law enforcement)
main body
State administrative organs and their public officials
content
Administrative Management
2. Application of law (judicial)
main body
Judicial organs
Procuratorate or court
feature
Don't sue (judicial passive)
3. Observation of the law (abiding by law)
main body
All subjects (citizens, social organizations, state organs)
content
Exercise powers and fulfill obligations
4. Legal supervision
National supervision
State authority, administrative authority, supervisory authority, judicial authority
Social supervision
Political parties, CPPCC, groups, social organizations, citizens, media public opinion
Legal liability
Classification
Administrative Responsibility
Unconstitutional responsibility
The fundamental law: the constitution
The Constitution does not serve as a basis for judgment
Legislative interpretation is equal to law
The National People's Congress never explains
Broadly speaking, refers to all domestic laws and regulations, and narrowly, refers to the laws formulated by the National People's Congress and its Standing Committee members.
When a person dies, inheritance begins
Court judgments can be used as an evaluation
Based on rights and obligations, the implementation is guaranteed by the state
Wondershare EdrawMind
