The difference between making laws and regulations and making laws and regulations

The main differences between the two are as follows:

1. Modern Chinese, usually expressed as "formulating laws and regulations", emphasizes the results of behavior; It is seldom used to "formulate laws and regulations", and "formulation of laws and regulations" refers to the process of drafting draft laws and regulations, which is not necessarily mature and emphasizes behavior.

2. The difference between "enacting laws and regulations" and "enacting laws and regulations" is mainly manifested in the difference between the words "enactment" and "enactment".

1. The similarity between "formulate" and "formulate" is that they are both verbs, and both have the meaning of creating and formulating. The difference is that "formulation" is a dynamic supplement type, and "formulation" is a joint type; "Formulation" focuses on making a final decision so that it is completely determined, while "formulation" focuses on creation, drafting and then formulation from scratch. "Formulation" is often paired with policies, decrees, guidelines, routes, etc., and "formulation" is often paired with plans and programs.

2. If you consult the "Modern Chinese Dictionary" and other reference books, you will find that the interpretation of "formulated" is "to formulate laws, procedures, plans, etc. through certain procedures"; The interpretation of "formulation" is "creation and formulation". Putting aside their same morpheme 'system', let's look at the different morphemes "ding" and "ding": "ding" means to decide, to determine, to have the meaning of completion, and to emphasize the result of the action, which can be seen to be used in conjunction with "has", similar to "perfect tense" in the English tense.

For example, when we compile or sort out the works of our predecessors, they have been sorted out within a certain period of time, and the book that is finally determined and ready to be published is called the "definitive version". The word "set" has the meaning of "intended", which may not necessarily form the final result, and emphasizes the process of the act, and generally cannot be used in conjunction with "has", similar to the "continuous tense" or "future tense" in the English tense.

For example, in accordance with the spirit of the "Proposal", we carefully listened to the opinions of all parties and formulated the "Outline of the Tenth Five-Year Plan for National Economic and Social Development of the People's Republic of China (Draft)". See Premier Zhu Rongji's report at the Fourth Session of the Ninth National People's Congress);

Whether or not China should formulate a law on the development of the western region" has become a hot topic of discussion for a while. (See China Market Economy News, March 15, 2001, 2nd edition).

The "determination" of the former refers to the decision, the certainty, the meaning of completion, and the emphasis is more on the result of the act; The latter "set" has the meaning of "propose", which may not form the final result, and emphasizes more on the process of behavior.

The legislature -- the people's congress and its standing committee -- is the legislature that formulates laws, and the enactment of laws and regulations is put forward by experts and scholars.

1. The difference between laws and regulations.

1. The difference between laws and regulations:

1) The formulation of laws is completed by the National People's Congress and its Standing Committee, and the formulation of laws and regulations can be completed by the local people's congresses and their standing committees, or by the competent organs at the ministerial level;

2) The effect of law is different, the effect of law is generally higher than the effect of regulations, and regulations that conflict with law shall prevail in actual trial and operation;

3) The spatial effect is different, local regulations can only take effect in a certain place, and other provinces and cities do not have legal effect, while the spatial effect of laws is within the scope of the People's Republic of China;

4) The scope of adjustment is different, the scope of adjustment of the law can involve multiple aspects or multiple contents, and the scope of adjustment of regulations is generally a specific aspect or a specific content of social life.

2. According to the law: Article 97 of the Legislation of the People's Republic of China.

The authority to change or revoke laws, administrative regulations, local regulations, autonomous regulations, special regulations and rules is:

1) The National People's Congress has the power to change or revoke inappropriate laws enacted by its Standing Committee, and to revoke autonomous regulations and special regulations approved by the Standing Committee of the National People's Congress that are contrary to the Constitution and the provisions of paragraph 2 of Article 75 of this Law;

2) The Standing Committee of the National People's Congress has the power to revoke administrative regulations that contravene the Constitution and laws, local regulations that contradict the Constitution, laws and administrative regulations, and revoke those approved by the Standing Committees of the People's Congresses of provinces, autonomous regions and municipalities directly under the Central Government that violate the Constitution and the Constitution.

2. What is the difference between regulations and laws?

1. China's legal system is composed of the Constitution, laws, administrative regulations, local regulations and departmental rules. Lower-level laws are lower than higher-level laws, and laws are formulated by the National People's Congress or the Standing Committee of the National People's Congress; Administrative regulations are formulated by ***, and their legal effect is lower than that of law; Local regulations are formulated by the provincial people's congress or the people's congress of a larger city approved by the provincial people's congress with the approval of the provincial people's congress, and their legal effect is lower than that of administrative regulations; Departmental rules are formulated by ** ministries and commissions, and their legal effect is lower than that of local regulations.

2. Regulations are the name of the law, not the type of law. Regulations are normative legal documents formulated or approved by the state that stipulate certain matters or the organization, functions and powers of a certain organ, and also refer to the charter formulated by a group. It has the force of law, is formulated in accordance with the constitution and laws, and is a normative document subordinate to law.

3. Autonomous regulations and special regulations: formulated by the Standing Committee of the People's Congress of the corresponding ethnic autonomous area. the autonomous region shall report to the Standing Committee of the National People's Congress for approval and take effect; Autonomous prefectures and autonomous counties shall report to the Standing Committee of the Provincial People's Congress for approval and shall take effect after being submitted to the Standing Committee of the National People's Congress for the record.

[Legal Analysis].1. Different ranks, that is, different legal status and rank. 2. The legislative authority is different, and the regulatory authority is higher.

3. The legislative procedures are different, and the regulations are formulated by the departments that enjoy legislative power. 4. The legal effect in judicial practice is different, and laws and regulations can be used as the basis for judgment. Regulations are divided into administrative regulations and local regulations, administrative regulations are determined by the draft of the Constitution and laws for soliciting opinions, and local regulations are formulated by local people's congresses and their standing committees according to regional conditions and needs.

Rules are divided into departmental rules and regional rules, and rules belong to specific administrative matters under the guidance of the Constitution, laws, regulations, etc.

[Legal basis].Article 65 of the Legislation Law of the People's Republic of China is to formulate administrative regulations in accordance with the Constitution and laws. Administrative regulations may provide for the following matters:

1) Matters that require the formulation of administrative regulations in order to implement the provisions of the law; (2) Matters of administrative authority as provided for in Article 89 of the Constitution. For matters that should be enacted by the National People's Congress and its Standing Committee, administrative regulations that have been enacted first decided on the basis of the authorization of the National People's Congress and its Standing Committee, and when the conditions for enacting laws are ripe after being tested in practice, they shall be promptly submitted to the National People's Congress and its Standing Committee for enactment of laws.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

"Laws" and "regulations" are two different concepts, and their legislative powers and legal effects are different and should not be confused. "Law", in our country, refers specifically to the National People's Congress and its Standing Committee in accordance with the legislative procedures, signed and published by the **** normative documents, its legal effect is second only to the Constitution, generally with the word "law" worthy of the name, such as the Criminal Law, the Civil Law, the Citizen Exit and Entry Administration Law, etc.

"Regulations" are normative documents with relatively lower legal force than the Constitution and laws. "Regulations" mainly have the following three forms, one is the administrative regulations formulated and promulgated by the first and its subordinate departments in accordance with the Constitution and legal provisions, also known as administrative rules; Second, local regulations formulated and promulgated by the people's congresses and their standing committees of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with the specific conditions and actual needs of their respective administrative regions; The third is the local regulations formulated by the people's congresses and their standing committees of larger cities (provincial capitals and capitals) (which must be implemented after being approved by the standing committees of the people's congresses of provinces and autonomous regions). "Regulations" are generally referred to as "regulations", "regulations", "rules", and "measures", such as the Regulations on Conscription and the Regulations on the Labor Administration of Sino-Foreign Joint Ventures.

Legal basis: Article 5 of the Constitution The People's Republic of China shall govern the country according to law and build 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.

Laws are promulgated or approved by the National People's Congress and have the highest legal effect. Regulations are promulgated or approved and have strong legal effect. The policy is not enforceable, but only has a certain guiding effect.

1.The formulation subject is different. Laws and regulations are formulated by the legislature (the people's congress and its standing committee), and policies are formulated by the party committee of the Communist Party.

2.The procedures for development are different. The procedure for formulating regulations is prescribed by law and is relatively strict, while the policy does not have a strict procedure for formulating hail and leaks.

3.Stability is different. Once laws and regulations are formulated, they cannot be repealed at will without legal procedures, and have strong stability, and policies will continue to change with social development.

4.The adjustment object is different.

Article 4 of the Criminal Law of the People's Republic of China applies the law equally to all persons who commit crimes. No one is allowed to have privileges beyond the law. Article 5 of the Criminal Law of the People's Republic of China provides that the severity of the punishment shall be commensurate with the crime committed and the criminal responsibility borne by the criminal.

Where Article 3 of the Criminal Law of the People's Republic of China clearly stipulates that it is a criminal act, it shall 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.

Legal Analysis: "Law" and "regulation" are two different concepts, and their legislative authority and legal effect are different, and they can be confused if they are not frankly understood. "Law", in our country, refers specifically to the National People's Congress and its Standing Committee in accordance with the legislative procedures to enact, signed and published by the **** normative documents, its legal effect is second only to the Constitution, generally with the word "law" worthy of the name, such as the Criminal Law, the Civil Code, the Citizen Exit and Entry Administration Law, etc.

Legal basis: Legislation Law of the People's Republic of China

Sixth, such as Xintan Article 15 *** In accordance with the Constitution and laws, administrative regulations shall be formulated.

Administrative regulations may provide for the following matters:

1) Matters that require the formulation of administrative regulations in order to implement the provisions of the law;

(2) Matters of administrative authority as provided for in Article 89 of the Constitution.

For matters that should be enacted by the National People's Congress and its Standing Committee, administrative regulations that have been enacted first decided on the basis of the authorization of the National People's Congress and its Standing Committee, and when the conditions for enacting laws are ripe after being tested in practice, they shall be promptly submitted to the National People's Congress and its Standing Committee for enactment of laws.

Article 66: Legislative affairs bodies shall, on the basis of the overall work arrangements of the state, draft an annual legislative plan and submit it for approval. The legal items in the annual legislative plan of the State Council shall be linked to the legislative plan and annual legislative plan of the Standing Committee of the National People's Congress. Legislative affairs bodies shall promptly follow up and understand the implementation of the legislative plan by each department, and strengthen organization, coordination, and supervision and guidance.

Where the relevant departments find it necessary to formulate administrative regulations, they shall report to the project for initiation.