Essay Question 1 On the Basic Principles of Justice 2 On the Basic Principles of Legislation

1. Only the principle of law can be applied, and the application of non-legal principles such as moral principles and political principles is prohibited.

2. The rule of law shall prevail. In the choice of law, the rule of law is preferred, and the principle of applicable law is the exception, that is, the so-called "prohibition of escape from general terms".

Third, strictly explain the reasons. When the principle of application of the law is applied in the absence of a rule that can be applied to the situation, especially when the principle is applied to the exclusion of the rule, the person applying the law has the obligation to give full reasons.

Judicial principles refer to the basic rules and spirit that judicial organs should follow in the process of exercising judicial power, mainly including four aspects: judicial independence, trial openness, procedural openness, and trial system. The basic requirements of justice are correctness, lawfulness and reasonableness. The main aspects of judicial principles are as follows:

1. Judicial fairness, including the fairness of substantive law and the fairness of procedural law. This is required by the nature of judicial activity and the intrinsic spirit of the law. 2. All citizens are equal before the law.

These include the equality of the law for all citizens. ii. Citizens have equal rights and equal obligations in accordance with the law. iii. The legitimate rights and interests of any citizen are protected by law, and any citizen's illegal acts must be investigated by law.

3. Take the facts as the basis and the law as the criterion. Fact-based is the basis for excluding subjective imagination, analysis, and judgment based on objective facts. Cases should be tried according to the standards and yardsticks of the law, and handled in strict accordance with legal procedures.

4. Judicial organs exercise their functions and powers independently in accordance with the law. These include: (i) The state's judicial power and procuratorial power are exercised uniformly by the people's courts and people's procuratorates respectively in accordance with law. ii. The judicial organs shall exercise their functions and powers independently in accordance with the law and shall not be subject to interference by administrative organs, groups or individuals.

iii. The judiciary must apply the law correctly in accordance with the provisions of the law. This is due to the three natures of the judicial power, namely, exclusivity, independence in the exercise of functions and powers, and legitimacy. The object of judicial activities is the case, and the main content involves disputes and controversies on legal issues and the handling of related cases.

Moreover, judicial principles do not preclude contemporary China from pursuing the unity of legal and social effects. Relevant Principles and Basic Systems: The principle that the defendant has the right to a defense The right to use the spoken and written language of the defendant in litigation Collegiate system Recusal system Open trial system Two-instance final adjudication system Trial supervision Adjudication committee system In addition to the above, the procuratorial organs also include:

The principle of combining specialized work with the mass line.

The legislative embodiment of the principle of legality of crimes in China: the embodiment of the general provisions of the criminal law: China's criminal law has realized the legalization of crimes and the legalization of punishments.

Embodiment in the sub-provisions of the Criminal Law: In terms of the crimes in the sub-provisions, the Criminal Law of our country has made quite detailed provisions. In the process of revising the Criminal Law in 1997, the crimes of sedan car searches involved in the 1979 Criminal Law and the subsequent separate criminal laws and subsidiary criminal laws enacted by the legislature were incorporated into the criminal law after necessary rectification.

Criminal Law of the People's Republic of China: Article 3: Where the law expressly provides that it is a crime, it shall be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.

The basic principles of civil law include:

1. The principle of equality;

2. The principle of voluntariness;

3. The principle of fairness;

4. The principle of good faith;

5. The principle of public order and good customs;

6. The principle of prohibiting the abuse of rights, 7. The green principle.

The basic principles of civil law reflect the fundamental attributes of civil life, especially the general conditions, tendencies and requirements of civil society.

Civil Code of the People's Republic of China

Article 4. The legal status of civil subjects in civil activities is equal.

Civil Code of the People's Republic of China

Article 5. Civil entities engaging in civil activities shall follow the principle of voluntariness, and establish, modify, or terminate civil legal relationships in accordance with their own wishes.

Civil Code of the People's Republic of China

Article 6. Civil entities engaging in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties.

Answer]: a, b, c, d, e

The principles established in China's civil legislation include the principle of equality, the principle of voluntariness, the principle of fairness, the principle of good faith, the principle of law-abiding and public order and good customs, and the principle of green inspection.