Explanation of legislative terms, explanation of administrative and legislative terms

"Legislation", also known as law-making, refers to the enactment or amendment of laws by organs of state power in accordance with certain procedures. In today's Chinese jurisprudence, there are four understandings of the word "legislation".

From a narrow interpretation, according to China's current Constitution, legislation refers to the activities of the National People's Congress and its permanent organs in formulating and changing specific normative documents, such as laws.

In a broad sense, legislation refers to the activities of formulating and changing various normative documents from ** to all local state organs.

Interpretation between the two, legislation refers to the activities of all subjects with the right to formulate and change normative legal documents.

The Peking University textbook explains: Legislation is an activity that formulates, approves, and changes laws by specific subjects, according to certain powers and procedures, and using certain technologies.

In modern society, the legislative power of various countries is generally in the hands of parliaments, and the parliamentary systems of various countries are also different. In countries with a separation of powers, the parliament has its own legislative power. In addition to legislative power, Parliament usually has the power to use tax revenues.

In a bicameral parliamentary system, the lower house generally holds the most fundamental power to pay taxes, and can control the use of tax revenue by vetoing the budget.

Hello, Barristers.com has sorted out for you about legislation: there are broad and narrow meanings. In a broad sense, it refers to the activities of state organs in formulating various normative documents with different legal effects in accordance with their statutory powers and procedures.

In a narrow sense, it only refers to the activities of the national legislature in formulating and promulgating corresponding normative documents.

Administrative legislation refers to the activities of the state administrative organs in formulating administrative rules and regulations. The content of the administrative legislation includes:

1. Legal norms for administrative organs and public servants;

2. Legal norms for the management of state affairs by administrative organs;

3. Legal norms for supervising the activities of administrative organs.

The level of effectiveness of administrative legislation in different levels of state administrative organs is different, and pre-sale administrative legislation is an important means of state administration, and is the basis and premise for establishing and perfecting the administrative legal system, making state administrative management legal, and administering strictly according to law.

Administrative Litigation Law of the People's Republic of China

Article 3. People's courts shall safeguard the right of citizens, legal persons, and other organizations to sue, and accept administrative cases that should be accepted in accordance with law.

Administrative organs and their staffs must not interfere with or obstruct the people's courts' acceptance of administrative cases.

The responsible person for the administrative organ that is the subject of the lawsuit shall appear in court to respond to the lawsuit. Where they are unable to appear in court, they shall entrust the corresponding staff of the administrative organ to appear in court. Article 4.

The people's courts exercise their adjudication power independently in administrative cases in accordance with law, and are not to be interfered with by administrative organs, social organizations, or individuals.

The people's courts are to establish administrative tribunals to hear administrative cases.

Legislation according to law means that when formulating laws, they must be carried out in accordance with national laws, regulations and procedural provisions, strictly abide by the provisions of the Constitution, and ensure the scientificity, fairness and effectiveness of laws. This is a fundamental principle and one of the core elements of a modern State governed by the rule of law.

Legislation according to law includes the following aspects:

Drafting of laws: Legislators prepare draft laws with due consideration of circumstances and therefore compliance with various legal and procedural provisions. At the same time, it is necessary to solicit opinions from all parties and absorb constructive feedback.

Legal review: After the preliminary examination of the draft law and the deliberation of the General Assembly, it will be sent to the judicial organs for deliberation to ensure that the law complies with the provisions of the Constitution and is conducive to social development and stability.

Signing of laws: After going through the legal process, the draft law is finally signed into a formal law and included in the national legal system.

Under the principle of legislating according to law, the laws formulated must comply with the laws and regulations of the state, ensure the rigor and scientificity of the laws, effectively maintain social order and stability, and provide protection for the legitimate rights and interests of citizens. At the same time, legislation in accordance with the law also puts forward restraint requirements for the exercise of power by the state, ** and other power organs, and a good legal environment has been achieved.

Rule of Law (fǎ zhì) is a Chinese word for legalism in the pre-Qin period, which advocated the rule of law.

1) [rule by law] The political thought of the Legalists in the pre-Qin period, advocating the rule of law.

2) [rule of law] Governing the country according to law means governing the country according to the law. Opposite to "rule by man". "Yan Zi Chunqiu: Admonition on the Nine":

In the past, the land of the former monarch Huan Gong was narrower than today, and the rule of law was cultivated, and politics and religion were broadened to dominate the princes. "Huainanzi Pan Commentary": "Knowing the rule of law is born should change from time to time; I don't know the source of the rule of law, although it will be chaotic in the past.

Zou Taofen, "Since the War of Resistance Against Japanese Aggression" 62: "In such a brutal and oppressive situation, the rule of law does not exist, and it does not matter whether it is right or wrong. It also refers to the rule of law.

Historical Records: The Biography of Meng Tianlie": "There is a great crime, and the King of Qin ordered Meng Yi to rule the law." ”

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3. Essay questions (1 question, 40 marks.) It is required to answer the questions according to the content of the textbook and in combination with personal reality. The number of words should not be less than 300 words, in addition to the necessary knowledge points, there should be content related to the actual situation).

6.According to the description in the textbook, literature, as a concept, is first and foremost a "poetic existence". This is the orientation and expression of the originality, life, and authenticity of the concept of literature. Please talk about the main body of "poetic existence" in literature based on your own reading experience.

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？Organizational culture includes those levels.

The rule of law is an important symbol of human society's entry into modern civilization. The rule of law is an important achievement of human political civilization and a basic framework of modern society. From the political system of a country to the words and deeds of individuals, they all need to operate within the framework of the rule of law.

For modern China, the integrated construction of a country under the rule of law, a society under the rule of law, and a society under the rule of law is the real rule of law.

Governing the country according to law, governing according to law, and administering according to law are jointly promoted, which is the real law; Scientific legislation, strict law enforcement, a fair judiciary, and the full promotion of law-abiding by the whole people are the true rule of law. Whether it is economic or political reform, the rule of law can be described as a forerunner, and the importance of the rule of law cannot be overemphasized.

Implementing the basic strategy of governing the country according to law and building a socialist country ruled by law is not only an objective requirement for economic development and social progress, but also a fundamental guarantee for consolidating the party's ruling position and ensuring the country's long-term peace and stability.

Legislative interpretation refers to the interpretation of laws and regulations created by state organs that have the power to create laws and regulations. For example, the interpretation of the laws formulated by the Standing Committee of the National People's Congress, and the interpretation of the administrative regulations formulated by the National People's Congress. Legislative interpretations have the same legal effect as the laws and regulations being interpreted.

Explanations made by the legislature on the meaning of specific provisions of legal norms and the concepts, terms and definitions used in accordance with the original intent of the legislation. The purpose of the legal interpretation is to understand and apply the law more accurately.

The main body of legislative interpretation is the Standing Committee of the National People's Congress. According to the laws of our country, the power to interpret laws belongs to the Standing Committee of the National People's Congress.

In any of the following circumstances, the Standing Committee of the National People's Congress shall interpret the law:

1. The provisions of the law need to be further clarified and the specific meaning is required;

2. New circumstances arise after the enactment of the law, and it is necessary to clarify the basis for applying the law.

The function of legislative interpretation is to clarify and concretize the meaning of the law; Improve and supplement legal loopholes.

There are three situations in the interpretation of China's legislation:

1. It is the interpretation of the normative legal documents formulated by the relevant state organs themselves;

2. It is the interpretation made by the relevant state organs in accordance with the Constitution and laws;

3. It is the relevant state organ that authorizes other organs to make interpretations.

To sum up, legislative interpretation refers to the interpretation of laws by state organs that enjoy legislative power. China's constitution stipulates that the power to interpret the constitution and laws belongs to the Standing Committee of the National People's Congress. Broadly speaking, the interpretation of a normative document made by a state organ that formulates a certain normative document can also fall within the scope of legislative interpretation, such as the interpretation of the local regulations formulated by the Standing Committee of the Provincial People's Congress, which belongs to legislative interpretation.

Legal basis]:

Article 48 of the Legislation Law of the People's Republic of China.

The power to interpret laws belongs to the Standing Committee of the National People's Congress.

In any of the following circumstances, the Standing Committee of the National People's Congress shall interpret the law:

1) The provisions of the law need to further clarify the specific meaning;

2) New circumstances arise after the law is enacted, and it is necessary to clarify the basis for applying the law.

The explanation of the terms of administrative law is: administrative law refers to the general term of the legal norms of various relationships between administrative subjects and administrative counterparts and administrative legal supervision bodies in the process of exercising administrative functions and powers and accepting administrative legal supervision, as well as various relationships within administrative subjects. At present, there is no unified and complete substantive administrative code in China.

Article 107 of the Criminal Procedure Law: When a public security organ or people's procuratorate discovers the facts of a crime or a suspect in the crime, it shall file a case for investigation in accordance with the scope of its jurisdiction.

The explanation of the terms of legislative principles is: Legislative principles are the guiding ideology, basic principles, and starting points for the creation of laws. It is a generalization of the ruling class's legislative intent and legal consciousness.

Constitutional principles require that all laws must conform to the principles and provisions set forth in the Constitution. This underscores the authority of the country's constitution and the importance of the principle of the rule of law. As the supreme legal authority, the constitution guarantees the constitutionality and validity of laws.

Before making a law, it is necessary to study the provisions and principles of the Constitution.

The principle of human rights safeguards is to ensure that the fundamental rights and freedoms of citizens are taken into account when laws are enacted. Human rights and freedoms are fundamental rights enjoyed by citizens and are the most important goals of law-making. In the process of formulating laws, the rights and freedoms of citizens should be taken into account, so as to ensure that citizens will not be suppressed and restricted while enjoying their rights and freedoms.

The principle of independence is also an important principle, which requires the independence of the body that formulates the law. The legislature must be independent of other institutions to ensure that it can enact the right laws at the right time. This can guarantee the fairness and equality of the law-making.

The law is a fundamental guarantee of justice and equality, and independence in the enactment of laws must therefore be ensured.

The Importance of Legislative Principles in Modern Legislation:

1. Legislative principles have important guiding significance in modern legislation.

They provide legislators with clear norms of conduct and enable legislative work to be carried out in an orderly and rational manner, thus ensuring the stability and coherence of the legal system. The observance of legislative principles is conducive to the realization of the country's rule of law and the maintenance of state authority and social order.

2. Legislative principles provide effective checks and balances and restraint mechanisms for modern legislation.

By following the principles of legislation, it is possible to prevent legislators from abusing their power and manipulating legislation, and to ensure that legislative power is effectively checked. At the same time, the rational application of legislative principles is also conducive to resolving contradictions and disputes that may arise in legislation, and provides legislators with a basis and methods for solving problems.

3. Legislative principles play an important guiding role in modern legislative practice.

When legislators carry out legislative work, following legislative principles is conducive to improving the quality and effectiveness of legislative results. The principle of legislation has an enlightening effect on the legislative thinking and methods of legislators, and helps legislators to make more clear legislative objectives and formulate laws scientifically and rationally when facing complex social problems.

The legislative system is a system of normative documents formulated by the state and guaranteed to be implemented by the state's coercive force. Such as the constitution, laws, administrative regulations, local regulations, etc. The legislative system has different meanings from the legal system:

The system of law is the structure of the content of the law that has been formed historically, and the legislative system is the normative document system that is the manifestation of the law. The basic elements of the legal system are the departments and norms of the firewood law, and the basic elements of the legislative system are the legal documents and their provisions; The vertical structure of the legal system is norms, systems, sub-departments, departments, and departmental groups, and the vertical structure of the legislative system is consistent with the hierarchical structure of the state organs that issue normative documents; The horizontal structure of the legal system is different departments and systems, and the horizontal structure of the legislative system is the legal documents of different legal departments; The formation of the legal system is mainly determined by the diversity and complexity of objective social relations, and the formation of the legislative system mainly depends on the legal theories and legal techniques mastered by the legislators. In terms of the relationship between the two, the system of law determines the legislative system.

In a scientific sense, the legislative system should be as close as possible to the system of law.