The law does not expressly stipulate what it means to prohibit inadmissibility

It is prohibited if it is not expressly provided for in administrative law, and it is allowed in the absence of express provisions in civil law and criminal law. It is one of the basic principles of criminal law. That is, the principle of legality of crimes.

The principle also derives from four principles: the exclusion of customary law, the exclusion of absolute indefinite sentences, the prohibition of analogy of guilt, and the prohibition of retroactivity of repetition.

Generally speaking, public rights (e.g., administrative acts) are not expressly permitted by the law, which is not allowed by the public authority. That is, it is not permitted. For private rights, (such as civil juristic acts) are not expressly provided for in the law, they are permitted.

Stipulate the basic principles and guidelines of state administration; the status and responsibilities of state organs and their responsible persons; the appointment, dismissal, and evaluation of the staff of state organs; Reform of the administrative system and improvement of the efficiency of administrative organs, etc.

Special administrative law refers to the laws and regulations that regulate the management activities of various specialized administrative functions, such as education, civil affairs, health, personnel, land, transportation, etc.

Legal loopholes originate from the concept and distinction of laws, and since people can make different classifications of laws according to different criteria, corresponding to this, legal loopholes can also be classified differently.

Legal Analysis] means that if the law does not expressly provide for it, its behavior does not constitute a crime, and if the law does not expressly provide for it, its behavior cannot be punished. The legal law for criminal punishment and burial means that the court is determining whether a person has committed a crime and what kind of punishment is imposed. Specifically, an act can only be convicted if the law expressly criminalizes it.

In determining whether a certain act constitutes a crime, it must be strictly in accordance with the conditions and standards prescribed by law, and where it does not meet the requirements and requirements of the law, it cannot be arbitrarily interpreted or speculated to be found guilty, and the determination of the crime must also be in accordance with the provisions of the law. At the same time, the punishment for crimes, that is, what punishment to impose, must also be strictly in accordance with the sentencing standards prescribed by law, and light sentences for minor crimes and heavy sentences for serious crimes must not be given heavy sentences for minor crimes or light sentences for serious crimes. The classic expression of the principle of legality of crimes is that "no crime is not committed unless the law expressly stipulates, and no punishment is not expressly provided for in the law".

Legal basis] Criminal Law of the People's Republic of China" Article 3: Where the law clearly provides that it is a criminal act, 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.

In the absence of explicit prohibitions, citizens or legal persons can agree on their own or act on their own. For the business activities of an enterprise, in principle, as long as there is no corresponding law to prohibit it, the enterprise can do it, and in addition, the matters prohibited or restricted by the law, as long as there is no basis for the law, the enterprise cannot do it.

If the law does not prohibit it, it can have the following characteristics:

1. The subject of law is not prohibited by law is citizens, from ancient Greece to modern freedom theory, freedom first refers to the freedom of citizens, not the freedom of the state;

2. The content that can be done without prohibition by law is rights, and rights are the qualifications or abilities of citizens to do or not to act according to their own will, and to a certain extent, freedom is a right;

3. The opposite party that can be done without prohibition by the law is power, and the law is the basis for exercising power, and the public power shall not arbitrarily intervene in matters where the law does not prohibit citizens' behavior.

The absence of a prohibition by law is mainly applicable in the field of private law, but in the field of public law, the absence of a prohibition is subject to certain limitations. China's current constitution enumerates the basic rights of citizens, such as personal freedom, freedom of speech, press, assembly, procession, demonstration, etc. The enumeration of fundamental rights is based on the concept of "no remedy is no right", and the protection of fundamental rights can be strengthened by explicit enumeration.

Although there are restrictions in the field of public law on freedom without prohibition by law, it remains a major legal principle that the right to civil liberties should be protected. Generally speaking, as long as the law does not prohibit it, it is the liberty of citizens. This is conducive to maximizing citizens' rights and is in line with the democratic spirit of a society governed by the rule of law.

Legal basis

Criminal Law of the People's Republic of China

Article 3: [Legality of Crimes]Where the law clearly provides that it is a criminal act, it is to be convicted and sentenced in accordance with law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced. Article 4: [Everyone is equal in the application of the Criminal Law]All persons who commit crimes are equal in the application of the law. No one is allowed to have privileges beyond the law.

Article 5: [Proportionality of Punishment for Crime] The severity of the punishment shall be commensurate with the crime committed and the criminal responsibility borne by the criminal.

For individuals, it is not prohibited by law.

For enterprises, the law does not allow it.

This is the legislative principle of our country. There is no such source in legal documents, and this principle is generally used in the Civil Code

The former means that there must be express provisions and authorization of the law when exercising public power, otherwise it is impossible; The latter refers to the exercise of private rights as long as it is not expressly prohibited by law.

This is a legal principle that should not come from specific laws and regulations.

Among them, it mainly applies to civil law. The law only regulates the relationship related to the law, and does not include everything in the world, just like people want to eat when they are hungry, this is a natural reason, and it is impossible to regulate it in law, but this is definitely a legal thing.

Legal Analysis: No. The law does not prohibit it, and the law does not prohibit it, this sentence is the original sentence.

If there is no prohibition by law, it can be done, and if there is no authorization by law, it is prohibited. These are two legal proverbs with completely opposite meanings. For private profits, "the law does not prohibit it"; As far as public power is concerned, the law prohibits it without authorization.

Legal basis: Civil Code of the People's Republic of China

Article 4: The legal status of all civil entities in civil activities is equal.

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.

***。If there is no prohibition by law, it can be done, and if there is no authorization by law, it is prohibited. These are two legal proverbs with opposite meanings.

On the morning of March 13, 2014, the Second Session of the 12th National People's Congress was successfully concluded. Prime Minister *** mentioned this proverb when he met with Chinese and foreign reporters in the Golden Hall of the Great Hall of the People and asked questions from reporters, and the specific front is: let the market"There is no prohibition on the law, and the silver sun can be stopped"Let**"It cannot be done without authorization from the law"。

As far as private rights are concerned, "nothing prohibited by law can be done"; As far as public power is concerned, the law prohibits it without authorization.

As a citizen, he can not only boldly exercise his rights (freedom if not prohibited by law), but also courageously supervise** (prohibited by law). For **, it is not only necessary to use every power in hand carefully (the law does not prohibit it), but also must respect every right of citizens (the law does not prohibit it). The two are mutually reinforcing.

The law does not prohibit it", the three "for" we talk about are three sentences, one is the first statutory duty Kailiang must be, the second is the law is not authorized to do, and the third is that the common people can do it without prohibition by the law.

Legal basisArticle 33 of the Constitution provides that 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.

For citizens, it is the law that prohibits behavior, and for the state, it is the law that does not expressly prohibit behavior, the former is open, and the latter is closed.

The former refers to the fact that when exercising public power, there must be express provisions and authorization in the law, otherwise it is not possible; The latter refers to the exercise of private rights as long as it is not expressly prohibited by law.

An invalid civil act refers to a civil act that lacks the conditions for the validity of a civil juristic act, and therefore of course does not take legal effect. Revocable civil acts refer to civil acts that can be modified or revoked by the parties in accordance with the provisions of the law. Compared with invalid civil acts, revocable civil acts reflect the following characteristics:

1. A revocable civil act has taken legal effect before it is revoked. An invalid civil act has no legal effect in the first place.

2. The revocation of a revocable civil act shall be carried out by the person with the right of revocation; The extinguishment of the validity of a revocable civil act is conditional on the revocation of the act. The invalidity of an invalid civil act may be brought by any person.

3. The person with the right of revocation of a revocable civil act has the right to choose the exercise of his right, and the person may revoke his act at that time, or the right of revocation may be extinguished by an expression of recognition.

4. There is a time limit for the exercise of the right of revocation of a revocable civil act. There is no such restriction in the case of invalid civil acts.

Legal basis: Civil Code of the People's Republic of China

Article 59: A legal person's capacity for civil rights and civil conduct arises when the legal person is established and is extinguished when the legal person is terminated. Article 57: Article 57 A legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with law. Article 58: Legal persons shall be established in accordance with law.

Legal persons shall have their own name, organizational structure, domicile, property, or funds. The specific conditions and procedures for the establishment of a legal person shall be in accordance with the provisions of the law and administrative regulations.

Where laws or administrative regulations provide that the establishment of a legal person must be approved by the relevant organs, follow those provisions. Article 61: In accordance with the provisions of the law or the legal person's charter, the responsible person for engaging in civil activities on behalf of the legal person is the legal representative's legally-designated representative.

The legal consequences of civil activities carried out by the legal representative in the name of the legal person shall be borne by the legal person.

The legal person's charter or the legal person's authority body's restrictions on the legal representative's right to represent must not be opposed to the bona fide counterpart. Article 62: Where the legally-designated representative causes harm to others as a result of performing their duties, the legal person bears civil liability.

After a legal person bears civil liability, it may recover compensation from the legal representative who is at fault in accordance with the provisions of the law or the legal person's charter.

As far as public power is concerned, it is prohibited without authorization by law; As far as private rights are concerned, the law does not prohibit anything.

The people destroy the news, and the law does not prohibit the oak room; It cannot be done without authorization from the law

2. Prohibition without authorization of the law is aimed at public rights: if there is no clear provision in laws and regulations, it is prohibited, for example, if the law does not authorize an administrative organ to have the power of enforcement, the administrative organ cannot exercise the power of enforcement, and the "law of crime" is also a form of prohibition without authorization of the law.

3. Statutory duties refer to the statutory professional content and responsibilities and obligations that administrative entities should undertake in accordance with the provisions or authorizations of laws, administrative regulations, local regulations, autonomous regulations, special regulations and rules to carry out certain administrative management activities consistent with their terms of reference and realize their specific administrative functions.