Fundamentals of Law 10, Fundamentals of Law

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The basic knowledge of laws and regulations includes the following laws and regulations: laws, legal interpretations, administrative regulations, local regulations, autonomous regulations, and special regulations and rules.

1. Legal:

The National People's Congress and the Standing Committee of the National People's Congress, the highest organs of power in our country, exercise the legislative power of the state, and after the legislation is passed, it shall be promulgated by the chairman of the decree signed by ****. Thus, the level of law is the highest.

Laws are generally referred to as established laws, such as the Constitution, Criminal Law, Labor Contract Law, etc.

2. Legal Interpretation:

It is the interpretation or limitation of certain provisions or words in the law. These interpretations will involve the application of the law. The power to interpret laws belongs to the Standing Committee of the National People's Congress, and the legal interpretations made by it have the same effect as laws.

There is also a judicial interpretation, that is, an interpretation made by the Supreme People's Court or the Supreme People's Procuratorate, which is used to guide the judicial work of the basic courts.

3. Administrative regulations:

It was formulated by ***, and after it was passed, it was promulgated by the *** order signed by the prime minister. These regulations are also of national significance, supplementing the law and, when mature, added to the law, second only to the law.

Regulations are mostly called regulations, and they can also be the implementation rules of national laws, such as public security punishment regulations, patent regulations, etc.

4. Local regulations, autonomous regulations and special regulations:

It is formulated by the people's congresses and their standing committees of all provinces, autonomous regions, and municipalities directly under the Central Government, and is equivalent to the highest organ of power in each locality.

Most of the local regulations are called regulations, some are the implementation rules of the law in the local area, and some are documents with regulatory attributes, such as resolutions and decisions. Local regulations often have local names at the beginning, such as the Beijing Municipal Food Safety Regulations, and the Beijing Municipal Measures for the Implementation of the Animal Epidemic Prevention Law of the People's Republic of China.

5. Regulations: They are formulated by ministries, commissions, the People's Bank of China, the National Audit Office and directly subordinate agencies with administrative functions, and these regulations are only valid within the scope of the authority of the department. For example, the "Patent Examination Guidelines" formulated by the State Patent Office, and the "Measures for the Administration of Drug Registration" formulated by the State Food and Drug Administration.

There are also some regulations formulated by the people of the provinces, autonomous regions, municipalities directly under the Central Government and larger cities, which are only valid within their own administrative regions. For example, the "Decision of the Beijing Municipal People's ** on Amending the "Beijing Tiananmen Area Management Regulations", "Beijing Municipal Measures for the Implementation of the "Interim Regulations of the People's Republic of China on Cultivated Land Occupation Tax", etc.

1.Laws are enacted or approved by the state and guaranteed by the coercive power of the state, reflecting the rule.

The normative system of class will.

2.Characteristics of law: normative, state will, state compulsion, universality, procedure.

Sexuality, justiciability, rights and obligations.

3.The role of law can be divided into normative and social. The role of the norm includes referring to:

Guidance, evaluation, education, and implementation. On the one hand, the social function of the law is embodied in its maintenance.

4.There are three elements of legal relationship structure or Liang Lucheng: subject, content, and object.

5.The level of effectiveness of the law: the superior law is superior to the lower law, the special law is superior to the general law, and the new law.

Superior to the old law. 6.Legal sanctions are mainly in the form of punishment, mainly including:

1) Civil sanctions. (2) OK.

political sanctions. (3) Criminal sanctions. (4) Unconstitutional sanctions.

7.The constitution embodies the will of the ruling class to build a democratic state and its interests in a concentrated manner.

The comparative relationship between various political forces, the adjustment of the fundamental social relations of the state, and the confirmation and regulation of the state.

A country with a fundamental system and fundamental tasks, guarantees the basic rights of citizens, and has the highest legal effect.

Fundamental Law. <>

1. The law is formulated and approved by the state, which regulates the norms of behavior between people, clarifies the rights and obligations between actors, and guarantees the sum of the norms implemented by the state's coercive force.

It is characterized by four aspects:

1) The law is the norm that adjusts the spine of people's behavior;

2) The law is formulated or approved by the state (i.e., the corresponding state organ);

3) Law is a universal social norm;

4) The law stipulates the rights and obligations of the respondents;

5) The law is guaranteed to be implemented by the coercive force of the state.

2. The tasks of China's criminal law are:

1) Defend state power;

2) Protection of legal property;

3) Protection of citizens' rights;

4) Maintain social order.

<> "Basic Knowledge of Law."

1. The law is formulated and approved by the state, which regulates the norms of behavior between people, clarifies the rights and obligations of the actors, and guarantees the sum of the norms implemented by the state's coercive force.

It is characterized by four aspects:

1) Law is the norm that regulates people's behavior;

2) The law is formulated or approved by the state (i.e., the corresponding state organ);

3) Law is a universal social norm;

4) The law stipulates people's rights and obligations;

5) The law is guaranteed to be implemented by the coercive force of the state.

2. The tasks of China's criminal law are:

1) Defend state power;

2) Protection of legal property;

3) Protection of citizens' rights;

4) Maintain social order.

3. The characteristics of crime are:

1) Early reform of the crime is an act that endangers society, that is, it has a very serious social harm;

2) The crime is an act that violates the criminal law, that is, it has a criminal violation;

3) A crime is an act that should be punished by criminal punishment, that is, it is punishable by criminal punishment.

4. The conditions for constituting a crime are:

1) The object of crime refers to the socialist social relations protected by China's criminal law and violated by criminal acts. For example, the crime of theft is an infringement of the property rights of the state, the collective, and the individual citizens;

2) The objective elements of a crime refer to the objective external manifestations of criminal activities, including harmful conduct, harmful results, the causal relationship between the harmful conduct and the harmful results, and the time, place, and method of the crime

3) The subject of the crime refers to a natural person or unit that has the capacity for criminal responsibility and commits a criminal act;

4) The subjective elements of a crime refer to the perpetrator's psychological attitude toward the harmful conduct he or she has carried out and the harmful results.

5. Criminal acts can be divided into acts and omissions. Acts refer to the use of active activities to carry out acts that endanger society prohibited by the criminal law, and are positive acts of people, such as intentional harm and theft, which are all forms of acts; Inaction refers to a negative act that should be done and can be carried out but is not done. This form of crime must be premised on the perpetrator's specific obligation, such as the perpetrator's abandonment of his elderly and sick parents who are unable to take care of themselves in the wilderness in order to escape his obligation to support the elderly, which constitutes the crime of abandonment.