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The law embodies the will of the state and is normative.
Law first refers to a norm of behavior, so normativity is its primary characteristic. Normative refers to the fact that the law provides patterns, standards, patterns, and directions for people's behavior. At the same time, the law is also general, and it is a behavior pattern that people highly abstract from a large number of practical and concrete behaviors, and the target is ordinary people, and it is applied repeatedly and repeatedly.
The rights and obligations stipulated by the law are different from the rights and obligations of other social norms, and it is a relationship that is recognized, recognized and guaranteed by the state, which is an important and essential feature of the law.
Since the law is a state will, its implementation is guaranteed by the coercive power of the state. The rights and obligations stipulated in the law are enforced by coercive force by the specialized state organs, which include the army, the police, the courts, prisons and other organized state violence.
The role of the law is as follows:
1. The express role of the law is mainly to clearly inform people in the form of legal provisions what can be done and what cannot be done, which behaviors are legal and which are illegal. what kind of sanctions will be imposed on violators, etc. This role is mainly achieved through legislation and legal popularization;
2. The corrective effect, which is mainly to mechanically correct some illegal behaviors that deviate from the legal track in social behavior through the enforcement force of the law, so that they can return to the normal legal track. For example, the law has carried out compulsory legal reform for some lawbreakers and criminals who have violated the law, so that their illegal acts have been compulsorily corrected;
3. The preventive effect of the law is mainly realized through the express role of the law and the effectiveness of law enforcement, as well as the degree of punishment for illegal acts. The explicit role of the law can enable people to know the law and distinguish between right and wrong.
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The law is the embodiment of the will of the ruling class. The following related understanding is correct (Molu) aThe law embodies the sum total of the ruler's individual will.
b.The law embodies the totality of the will of the ruling class.
c.The will of the ruling class, embodied in the law, is a holistic character.
d.The filial piety of the law does not reflect the will of individual rulers.
Correct answer: The will of the ruling class embodied in the law is total; Laws do not embody the will of individual rulers.
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Answer]: B, C
In the first place, the law embodies the will of the ruling class as a whole, not the will of individual rulers, nor is it a simple addition of the individual wills of rulers, which not only compels the ruled class to obey and obey the law, but also requires the members of the ruling class to obey the law. Secondly, the will of the ruling class embodied in the law is not the whole of the will of the ruling class, but only the part of the will that rises to the will of the state. The bc option is correct.
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As a mandatory norm formulated or recognized by the state, the law is the embodiment of the will of the state.
What about arbitrary norms that are not peremptory norms.
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is wrong. The law is not the will of the state.
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1. Law is the embodiment or reflection of "will".
The formation and function of the will are influenced by the world outlook and values to a certain extent, and in the final analysis, they are subject to objective laws. Will, as a state of mind and process, a kind of spiritual force, is not law in itself, but only manifests itself as laws, regulations, and other normative documents formulated by state organs.
2. Law is a reflection of the will of the "rule" class.
When formulating laws, the ruling class cannot but take into account the bearing capacity of the ruled class, the actual balance of class forces, and the situation of the class struggle. After the ruling class has risen to the will of the state and is enshrined in law, it will encounter resistance from the ruled class in the process of its implementation.
3. Law is a reflection of the will of the ruling "class".
Marxism holds that whether laws are collectively formulated by representatives of the ruling class or issued by individuals with the highest political authority, they reflect the class will of the ruling class and represent the overall interests of the ruling class, not purely the interests of one individual, still less the willfulness of individual individuals.
4. Law is the will of the ruling class that is "enshrined as law".
Marx and Engels said that law is the will of the ruling class that is "enshrined as law", which means that the will of the ruling class itself is not law, and only "enshrined as law" is law. "Enshrined as law" means that the will of the ruling class is elevated to the will of the state through the state organs and objectified into legal provisions.
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First, law is the embodiment of the will of the ruling class. Marx and Engels pointed out in the Communist Manifesto when exposing the essence of bourgeois law: Your law is nothing but the will of your class that is enshrined as law.
Lenin pointed out that the law is the expression of the will of the victorious class that takes power. This shows that the law is the embodiment of the will of the ruling class.
The will of the ruling class that is enshrined as law" shows that the will of the ruling class itself is not law, and only "enshrined as law" is law, that is, it is only law when the will of the ruling class is expressed in the form of the will of the state through state organs. It should also be pointed out that the will of the ruling class embodied in the law is not the entire content of the will of the ruling class, but is limited to the will of the ruling class, which has risen to the will of the state. The will of the ruling class also involves other norms of behavior other than the law, such as moral norms, religious norms, and the constitution of associations, which can reflect the will of the ruling class.
Second, the will of the ruling class embodied in the law is integral. The will of the ruling class embodied in the law is the common will of the ruling class and has a holistic nature. It is not the willfulness of individual rulers, nor is it the simple addition of the individual will of rulers.
This is based on the common material conditions of life of all strata, groups and members of the ruling class. This fundamentally determines the existence of common will and fundamental interests. By sanctioning the ruled class (including individual members of the ruling class) for violating the law and committing crimes, the overall will and fundamental interests of the ruling class are safeguarded.
Third, the will of the ruling class embodied in the law is unified. This is a manifestation of the will of the ruling class, not of the will of the ruled class. The individual demands and interests of the ruled class and its allies can only be enshrined in the law if they conform to, or at least do not contradict the will of the ruling class.
Even so, these legal provisions have only partial meaning in the overall law of a State and do not affect or alter the class nature of the law of that State. Fourth, the class and social nature of law. Law has a distinct class character, and at the same time, law itself has a social character.
The social nature of law is mainly manifested in the maintenance of the basic living conditions of human society by law. For example, the law maintains social security, traffic order, ecological balance, etc., the law maintains the order of social production and product exchange, and the law promotes and maintains the development of education, science, and culture. In particular, with the development of the economy, the social function of the law will be strengthened more and more.
The class nature and social nature of the law are shared at the same time, which is the need of the development of human society, but this does not affect the class nature of the law.
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Answer] :d This question examines the nature of the law. The essence of the law is mainly embodied in two variance key wheel faces:
First, the law is the embodiment of the will of the ruling class; Second, the law is determined by the material living conditions of a specific society. In principle, the will of those who make the law will reflect it. The strong in a society will always be the ruler of the society in vain.
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Constitution of the People's Republic of China
The first yard is five.
The People's Republic of China governs the country according to law and builds a socialist country ruled by law.
The state upholds the unity and dignity of the socialist legal system.
All laws, administrative regulations, and local regulations must not contradict the Constitution.
All state organs and armed forces, all political parties, all social organizations, and all enterprises and institutions must abide by the Constitution and laws. All acts that violate the Constitution and the law must be investigated.
No organization or individual may have privileges that go beyond the Constitution and laws.
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