The content of the law is substantive law and procedural law, what is substantive law, procedural la

Substantive law prescribes which rights are specifically enjoyed by certain subjects, while procedural law prescribes how those rights are to be realized. Substantive law is to solve substantive rights and obligations, such as contract law, tort liability law, etc., and procedural law only solves procedural issues, such as civil procedure law, criminal procedure law.

Legal analysis

The differences are: 1. Different functions: procedural law:

The main function of procedural law is to provide the necessary rules, methods and order for the realization of rights and the exercise of powers in a timely and appropriate manner. Substantive law: The main function of substantive law is to define and confirm rights and powers as well as duties and responsibilities.

Procedural law is a law that stipulates the relevant procedures to ensure the realization or exercise of rights and powers, and the fulfillment of obligations and responsibilities, and is the guarantee for the correct implementation of substantive law. Adjudication is a combination of substantive and procedural law. Procedural rules mainly refer to procedural law, which is the law that stipulates the realization of the relevant procedures of substantive law, such as civil procedure law, criminal procedure law, etc.

Procedural law: In China's long-term legal tradition, there is a widespread concept of emphasizing substantive law over procedural law. Substantive Law:

In law enforcement and judicial practice, the phenomenon of ignoring procedures also occurs from time to time.

Legal basis

Interpretation of the Supreme People's Court on the Application of the "Civil Procedure Law of the People's Republic of China" Article 472:In accordance with article 232 of the Civil Procedure Law, where a legal person or other organization that is the person subject to enforcement is separated or merged during enforcement, the people's court may rule that the changed legal person or other organization is the person subject to enforcement; If it is cancelled, if there is a successor of rights and obligations in accordance with the provisions of the relevant substantive law, it may be ruled that the successor of rights and obligations is the person subject to enforcement.

People's Procuratorate Rules of Criminal Procedure Article 434: When public prosecutors appear in summary procedure courts, they shall conduct courtroom investigations and courtroom debates primarily around sentencing and other controversial issues. After confirming that the defendant received the indictment before trial and has no objections to the facts of the crime charged in the indictment, the indictment may be read out in a simplified manner, and a decision may be made on the basis of the circumstances of the case whether to interrogate the defendant, question witnesses, evaluators, and present evidence. Depending on the circumstances of the case, the prosecutor may recommend to the court that the procedures for court investigation and court debate be streamlined.

Hello, substantive law refers to the law that regulates the rights and obligations of the parties, the most typical of which are the three major substantive laws: civil law, criminal law, and administrative law. Procedural law, in short, is the process to be followed in order to realize substantive rights, and typically corresponds to the three major procedural laws.

Substantive law is the basis for the court's disposition of substantive issues

The relationship between substantive law and procedural law is as follows: substantive law and procedural law are classified according to the difference in the content of legal provisions.

The specific relationship between substantive law and procedural law is as follows:

1. Substantive law is a law that mainly stipulates and determines rights and obligations or powers and duties;

2. Procedural law refers to the law that focuses on the relevant procedures to ensure the realization of rights and obligations or the performance of duties and duties;

3. The classification of substantive law and procedural law is in terms of their main aspects, and there are some overlaps between the two;

4. There may also be some procedural provisions involved in the substantive law, and there may also be some provisions in the procedural law involving substantive content such as rights, obligations, powers, duties, etc.;

Legal basis] Constitution of the People's Republic of China

Article 3: The State organs of the People's Republic of China practice the principle of democratic centralism.

The National People's Congress and local people's congresses at all levels are democratically elected, accountable to the people, and subject to their supervision.

The administrative, supervising, adjudicating, and procuratorial organs of the state are all created by the people's congress and are responsible to it and subject to its supervision.

The division of functions and powers between local state organs and local state institutions follows the principle of giving full play to the initiative and enthusiasm of local governments under the unified leadership of the government. Article 5: The People's Republic of China implements the rule of law and builds a socialist country under the rule of 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. Article 33 All persons with the nationality of the People's Republic of China are citizens of the People's Republic of China.

All citizens of the People's Republic of China are equal before the law.

The State respects and protects human rights.

Every citizen enjoys the rights provided for by the Constitution and the law, and at the same time must fulfill the obligations set forth in the Constitution and the law.

First, the content is different.

2. Procedural Law: Laws that stipulate the relevant procedures for ensuring the realization or exercise of rights and powers, and the fulfillment of obligations and responsibilities, such as the Administrative Procedure Law, the Administrative Procedure Law, the Civil Procedure Law, the Criminal Procedure Law, the Legislative Procedure Law, etc.

Second, the functions are different.

Third, the characteristics are different.

2. Procedural law: In the past, procedural law was considered to be only a specification of various procedural methods, and pure lead was purely a technical and instrumental legal arrangement, which did not involve the substantive rights of the people, so it did not have an independent status in legal research.

Encyclopedia - Substantive Law.

Encyclopedia - Procedural Law.

1.【Answer】According to the different laws and regulations, it can be divided into substantive law and procedural law. Substantive law is the law that stipulates and confirms rights and obligations, as well as powers and responsibilities, such as constitution, administrative law, civil law, commercial law, criminal law, etc.; Procedural law is a law that stipulates the relevant procedures for ensuring the realization or exercise of rights and powers, and the fulfillment of obligations and responsibilities, such as the Administrative Procedure Law, the Administrative Procedure Law, the Civil Procedure Law, the Criminal Procedure Law, the Legislative Procedure Law, and so on.

The law of tax procedure is the symmetry of the substantive law of taxation. It refers to the tax law that takes the procedural relations that occur in the state's tax activities as the object of adjustment, and is a general term for the legal norms that stipulate the procedures for the exercise of the state's taxing power and the procedures for the performance of taxpayers' tax obligations. Its contents mainly include tax determination procedures, tax collection procedures, tax inspection procedures and tax dispute resolution procedures.

The tax procedure law refers to how the provisions of the tax law are implemented and is a basic part of the tax law system. For example, the Law of the People's Republic of China on the Administration of Tax Collection and Collection is a tax procedure law.

Distinction between business tax and value-added tax for processing, repair and repair services

2.How to understand and distinguish whether processing, repair and repair services are subject to value-added tax or business tax?

Answer] For processing, repair, and repair services:

Repair in the construction industry and repair and repair in industrial and commercial enterprises are both the business of repairing, reinforcing, maintaining and improving the object to restore its original use value or extend its service life, and the nature is basically the same. However, from the perspective of the state's classification of industries, the two belong to different industries: all the overhaul, medium repair, decoration and decoration of buildings, structures and other real estate belong to the construction industry; The repair and repair of goods belongs to the industrial category.

The current tax law stipulates that a business tax is levied on repairs in the construction industry, and a value-added tax is levied on the repair and repair of goods in industrial and commercial enterprises. In specific work, if the object of repair (repair) is real estate such as buildings and structures, business tax shall be levied; Repairs to tangible movable property, such as goods, are subject to VAT. Therefore, VAT should be levied on the maintenance of boilers and elevators.

About Tianjin Otis Elevator **** in the city set up a branch.

Approval of the issue of payment of turnover tax.

Tianjin State Taxation Bureau:

Your bureau Mintong "on the Tianjin Otis Elevator **** in the establishment of branches in other cities to pay turnover tax issues" (Jin Guo Shui II 1996 No. 110) received.

After research, the issue of paying turnover tax to the branches set up by Tianjin Otis Elevator **** in various places is as follows: the income obtained from the elevator installation business shall be paid business tax at the rate of 3 at the place of installation; The income from the sale of maintenance, repair and spare parts and the transformation of old ladders is subject to VAT at the rate of 17.

In April 2011, he took the self-study exam "Ideological and Moral Cultivation and Legal Foundation", and the multiple-choice question No. 22 of the past question.

China's legal system is composed of intrinsically linked legal departments, which can be divided into substantive law and procedural law. Substantive law is ( ).

a.Arbitration Law of the People's Republic of China

b.General Principles of the Civil Law of the People's Republic of China

c.Administrative Litigation Law of the People's Republic of China

d.Criminal Procedure Law of the People's Republic of China

Proofreading Answer:b