How can you tell if a law needs to be revised?

Usually, bills are put forward and put on the agenda of Standing Committee meetings, and the relevant special committees are to deliberate and put forward deliberation opinions; Important legal bills must be reviewed three times; During deliberation, the sponsor shall send someone to hear opinions and make inquiries, and the relevant organs and organizations shall send someone to brief them on the situation; At the same time, the views of all parties should be heard. <>

Whether it still meets the needs of modern people, whether it can no longer meet the needs of solving problems now, whether it is still applicable in society, whether people have set higher demands on him, and whether people have a lot of remarks about it. <>

It depends on whether it is comprehensive, whether it is well considered, whether there are any points that have not been touched, whether there are any mistakes, and whether it has protected the rights and obligations of the people to the greatest extent.

Well, there have been some real facts that prove that there are some problems with this law, or that it is outdated, and then it needs to go through some investigation, and it is really determined that this law needs to be amended, and there must be a rigorous process.

Whether a law needs to be revised or not depends on whether it conforms to the current state of China's social development and whether it satisfies the development needs of today's society. In addition, whether the law is revised or not needs to be drafted and finally approved by the National People's Congress.

When a law needs to be changed, it may be because someone has found other ways and better ways to govern the country. When people find some kind of loophole in the law, they need to retailor it.

Whether the law needs to be revised again depends on whether it has a law that is good for the people and is a good law in China, and if it is not good for the people, it needs to be revised.

Conflict with the provisions of other laws, such as the amendment of relevant laws after the promulgation of the Property Law. Conflicts with international treaties, such as amending relevant laws after joining the WTO. It is clearly behind reality, for example, the Criminal Code is added to or reduced or the sentence is adjusted every few years.

Article 26: The Council of Chairpersons may submit bills to the Standing Committee, which are to be deliberated at a session of the Standing Committee.

The Military Commission, the Supreme People's Court, the Supreme People's Procuratorate, and the special committees of the National People's Congress may submit bills to the Standing Committee, and the Council of Chairpersons may decide to include them in the agenda of the Standing Committee session, or they may first submit them to the relevant special committees for deliberation and submission of reports, and then decide to include them in the agenda of the Standing Committee session. If the Council of Chairpersons finds that there are major issues in a bill that need to be further studied, it may suggest that the sponsor revise and improve it before submitting it to the Standing Committee.

Because the law is also for society in the final analysis. The continuous development of society will give rise to many new situations and give rise to some new types of crimes (such as virtual property issues), which requires legislation to keep pace with the times and improve in a timely manner.

In the process of social development, many new problems will arise, and the law itself has a lag nature, so in order to solve problems, punish crimes, and protect the interests of the people, it is necessary to constantly revise and improve them.

Law is a superstructure, determined by the economic base, different stages of development, different people's ideological realms will affect its change or improvement.

Because society is constantly advancing.

As a simple example, the Criminal Code was enacted in 1979 and has had eight amendments so far, the last of which was issued in 2011. Each amendment is a revision or supplement to the original existing law, and if there are new provisions, the new provisions shall be implemented, and if there are no amendments, the original provisions shall be implemented.

If there is a conflict between the amended law and the original law, it means that this part of the original law is repealed.

1. The revision of the law involves the issue of the temporal effect of the law.

2. It is the principle that the law does not apply retroactively. That is, if the law has been amended, the new legal provisions shall apply to the matters after the law has been amended; The original legal provisions shall apply to matters prior to the amendment.

3. The revision of the law does not mean that the original law is discontinued. Where an act occurred before the law is amended, the original law is still applicable. For example:

In 2010, a person needed to compensate the victim 500 yuan for fighting, and in 2011, the law was amended to pay 1,000 yuan according to the amended law. Even if the victim sues after the law has been amended, the court will only deal with it in accordance with the 2010 law and not in accordance with the new law in 2011.

This is about the retroactivity of the law, and China adopts the principle that the law does not apply retroactively.

The crime of embezzlement refers to the act of illegally taking possession of property that others have given to oneself for safekeeping, and refusing to return it for the purpose of illegally taking possession. The amount of the crime of embezzlement is divided into 20,000 to 200,000"The amount is larger", more than 200,000"The amount is huge"。

Legal analysis. The crime of embezzlement is the act of illegally taking possession of another person's property, forgotten property, or buried property for the purpose of illegal possession, and the amount is relatively large, and refusing to return it. There are two divisions of the amount of the crime of embezzlement, and the amount of embezzlement is between 20,000 and 200,000"The amount is larger"the starting point criterion; The amount of embezzlement is more than 200,000 yuan, which belongs"The amount is huge"the starting point criterion;

Stretch out. The impact of legislative changes on the definition criteria.

The impact of legislative changes on the definition of standards is an important legal issue. Through the revision of the law, the scope and guidelines of the defining standards have been adapted and optimized to adapt to changes in the social and legal environment. Such revisions can have a broad impact on legal standards in various fields, including but not limited to commercial contracts, intellectual property, labor law, and more.

The revised definition criteria can better protect the rights and interests of all parties, provide clearer guidance, and reduce the occurrence of disputes and disputes. However, legal amendments can also pose challenges, such as the need to interpret and adapt to new legal provisions. Therefore, the impact of legal changes on the definition of standards needs to take into account the interests of all parties and the overall effect of the law in order to ensure fair and sustainable development.

Epilogue. The impact of the law amendment on the definition of standards is an important legal issue for renting. Through the revision of the law, the scope and guidelines of the defining standards have been adapted and optimized to adapt to changes in the social and legal environment.

The revised definition criteria can better protect the rights and interests of all parties, provide clearer guidance, and reduce the occurrence of disputes and disputes. However, legal amendments can also pose challenges, such as the need to interpret and adapt to new legal provisions. Therefore, the impact of legal changes on the definition of standards needs to take into account the interests of all parties and the overall effect of the law in order to ensure fair and sustainable development.

Legal basis. Article 270 of the Criminal Law of the People's Republic of China.

Where the property of others in custody is illegally taken into one's own possession, and the amount is relatively large, and refuses to return it, a sentence of up to two years imprisonment, short-term detention, or a fine is to be given; where the amount is huge or there are serious circumstances of allowing others to be fervent, a sentence of between two and five years imprisonment and a concurrent fine is to be given. Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph. This crime shall be dealt with only if it is told.