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Legal Analysis: The essence of law is the tool of the ruling class to achieve class rule. The essence of our laws is the embodiment of the interests and will of the people.
Legal basis: Article 2 of the Constitution of the People's Republic of China All power in the People's Republic of China belongs to the people.
The organs through which the people exercise state power are the National People's Congress and local people's congresses at all levels.
In accordance with the provisions of the law, the people manage state affairs, economic and cultural undertakings, and social affairs through various channels and forms.
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Law is the embodiment of the will of the state, which is the primary essence of law. Law is the embodiment of the common will of the ruling class, which rises to the will of the state, which is the secondary essence of law. The content of the will of the ruling class reflected in the law is determined by the material living conditions of society, which is the ultimate essence of the law.
The essence of China's socialist law has its own characteristics.
Judging from the will embodied in the law, China's socialist law is the embodiment of the will of the broad masses of the people under the leadership of the working class. First of all, China's socialist laws are the embodiment of the will of the working class. Second, China's socialist laws are the embodiment of the common will of all the people under the leadership of the working class.
Judging from the substance of the law, China's socialist law is distinctively scientific and advanced. First of all, socialist laws are more able to respect and reflect objective laws. Second, China's socialist laws are distinctively scientific and advanced.
From the perspective of the social role of law, China's socialist law is the legal guarantee for the smooth development of the cause of socialism with Chinese characteristics. In the economic aspect, it is necessary to safeguard and consolidate the basic socialist economic system, guide and guarantee the smooth progress of reform, opening up, and socialist modernization, and promote the development of social productive forces. In the political aspect, it is necessary to safeguard and consolidate the basic socialist political system, guide and guarantee the smooth progress of the building of socialist democratic politics, ensure that the people enjoy a wide range of democratic rights and freedoms, and suppress the resistance and sabotage activities of hostile forces and hostile elements.
In the area of culture, it is necessary to safeguard socialist values and ideological and moral norms, guide and guarantee the development of educational, scientific, and cultural undertakings, and prosper advanced socialist culture. In terms of social construction, it is necessary to maintain social fairness and justice, coordinate the relationship between man and nature, and promote the construction of a harmonious socialist society. On the external front, it is necessary to defend national sovereignty and territorial integrity, ensure the smooth development of the cause of opening up to the outside world, and defend against possible aggression, subversion and sabotage by external enemies.
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Legal analysis: 1. It is the embodiment of the will of the broad masses of the people under the leadership of the working class. Fuyu.
2. It has a distinct scientific and advanced nature.
3. China's socialist law is the legal guarantee for the smooth development of socialism with Chinese characteristics.
Legal basis: Article 5 of the Constitution of the People's Republic of China 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.
State organs and armed forces, all political parties, all social organizations, and all enterprises and institutions must abide by the Constitution and the law. 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.
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Legal Analysis: The essence of law is the embodiment of the will of the ruling class determined by certain material conditions of life. It is manifested in the formality of law (official, national), which is a formal and officially determined code of conduct formulated or recognized by the state and guaranteed to be implemented by the state's coercive power.
It is reflected in the class nature of the law. It can only reflect the will of the ruling class as a whole, not the will of the ruled class, but it will reflect certain demands or aspirations of the ruled class. In the end, it is embodied in the material constraints of the law.
The content of the will of the ruling class embodied in the law is determined by the material conditions of life of society. Law is a part of society, society determines law, law can neither create society nor change society, law can only reflect society, law reflects social relations, especially economic and social relations. When the society reflected by the law is consistent with the social reality, the law promotes the development of society; Inconsistencies hinder the development of society.
When legislators formulate laws, they are constrained by the material life of society, and can only express laws, not create laws.
Legal basis: "Legislation Law of the People's Republic of China" Article 5: Legislation shall reflect the will of the people, carry forward socialist democracy, persist in making legislation public, and ensure that the people participate in legislative activities through various channels.
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