This paper discusses the embodiment of the principle of people s democracy in China s legislation

The principle of popular sovereignty is the theoretical cornerstone of the global wave of democratization and the modern democratic system established in modern times, and it has been recognized by all democratic or self-proclaimed democratic countries.

The principle of popular sovereignty does not have exactly the same connotation even among its supporters, but there is an ideological divide between the principle of popular sovereignty, which is written as an "abstract principle", and the principle of popular sovereignty, which is a "concrete principle". It is natural that different theoretical orientations to principles are inevitable in specific historical "situations", but it is necessary for countries entering a "post-revolutionary society" to rethink their institutional choices under the previous abnormal conditions.

The principle of people's democracy is one of the four basic principles of the Constitution.

The principle of people's sovereignty refers to the fact that the power of the state is vested in the people, the state power must be responsible to the people, and the organs of state power must serve the people. The doctrine of popular sovereignty was advocated by Enlightenment thinkers in the seventeenth and eighteenth centuries, and its main representative was the French thinker Rousseau, and its theoretical basis was the social contract theory.

Everyone has their own responsibility to exercise their rights. No matter what happens, you must take up your own duty to resist wrongdoing

Democratic legislation is the essential requirement for practicing democratic politics and realizing that the people are the masters of the country. The core of the democratic law lies in the fact that legislation should be for the people and rely on the people, that is, "the law is born of righteousness, righteousness is born of the people, and the people are suitable for the people, and the key to this governance is also to cover the spine", that is, the legislation should adhere to the principle of the people's main body, carry forward socialist democracy with the people as the center, improve the legislative work mechanism, innovate the way for the public to participate in legislation, and ensure that the people participate in the activities of establishing the law through various channels. The people's extensive participation in legislation through various channels and in a variety of ways, and the democratic exercise and open operation of legislative power, are conducive to gathering and expressing public opinion more widely and building social consensus more effectively.

Summary. Yes, all aspects and links of laws and systems must embody the spirit and principles of democracy. For example, the people are the masters of the country, the rights and obligations of citizens are the same, and privileges are abolished.

Only a legal system that embodies socialist democracy can be a legal system of a socialist nature. Democracy, as the political foundation of the legal system, is also manifested in the fact that democracy determines the essence of the legal system and that democracy is the source of strength for the legal system. Second, the operation of the law should also have a democratic spirit and strictly abide by democratic principles, the most important of which is the principle of equality before the law.

He pointed out: "We must resolutely implement the following principles throughout the country: If there is a law, we must strictly enforce the law, we must prosecute those who violate the law, and everyone is equal before the law." He pointed out that "all citizens are equal before the law and the system, and all party members are equal before the party constitution and party discipline."

Everyone has equal rights and obligations as stipulated in the law, and no one can take advantage of them or break the law. No matter who violates the law, the public security organs must investigate according to the law, and the judicial organs must deal with it according to the law, and no one is allowed to interfere with the implementation of the law, and no one who violates the law can go unpunished. ”

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Yes, all aspects and links of laws and systems must embody the spirit and principles of democracy. For example, the people are the masters of the country, the rights and obligations of citizens are the same, and privileges are abolished. Only a legal system that embodies socialist democracy can be a legal system of a socialist nature.

Democracy, as the political foundation of the legal system, is also manifested in the fact that democracy determines the essence of the legal system and that democracy is the source of strength for the legal system. Second, the process of operation of the law should also have a democratic spirit, and the principle of democracy should be strictly followed, and the most important thing in Nahu is the principle that everyone is equal before the law. "We must resolutely implement these principles throughout the country:

There are laws that must be followed, law enforcement must be strict, violations must be investigated, and everyone is equal before the law. He pointed out that "all citizens are equal before the law and the system, and all party members are equal before the party constitution and party discipline." Everyone has equal rights and obligations as stipulated in the law, and no one can take advantage of them or break the law.

No matter who violates the law, the public security organs must investigate according to the law, and the judicial organs must deal with it according to the law, and no one is allowed to interfere with the implementation of the law, and no one who violates the law can go unpunished. ”

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The legislative embodiment of the principle of legality of crimes in China: the embodiment of the general provisions of the criminal law: China's criminal law has realized the legalization of crimes and the legalization of punishments.

Embodiment in the sub-provisions of the Criminal Law: In terms of the crimes in the sub-provisions, the Criminal Law of our country has made quite detailed provisions. In the process of revising the Criminal Law in 1997, the crimes of sedan car searches involved in the 1979 Criminal Law and the subsequent separate criminal laws and subsidiary criminal laws enacted by the legislature were incorporated into the criminal law after necessary rectification.

Criminal Law of the People's Republic of China: Article 3: Where the law expressly provides that it is a crime, 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.

Article 2 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.

Article 3: The State organs of the People's Republic of China practice the principle of democratic centralism. The National People's Congress and local people's congresses at all levels are democratically elected, accountable to the people, and subject to their supervision. The administrative, adjudicatory, and procuratorial organs of the state are all created by the people's congress and are responsible to it and subject to its supervision.

The division of functions and powers between local state organs and local state institutions follows the principle of giving full play to the initiative and enthusiasm of local governments under the unified leadership of the government.

Legal Analysis: The core of democratic legislation lies in the fact that legislation should be for the people and rely on the people.

Legal basis: Article 8 of the Legislation Law of the People's Republic of China The following matters can only be enacted into law: (1) matters of national sovereignty; (2) The formation, organization, and authority of all levels of people's congresses, people's courts, people's courts, and people's procuratorates; (3) The system of regional ethnic autonomy, the system of the Suichang Special Administrative Region, and the system of grassroots mass autonomy; (4) Crimes and punishments; (5) Compulsory measures and punishments for deprivation of civil and political rights or restrictions on personal liberty; (6) The establishment of taxes, the determination of tax rates, and the administration of tax collection and other basic tax systems; (7) the expropriation or requisition of non-State-owned property; (8) Basic civil systems; (9) The basic economic system and the basic systems of finance, customs, finance and foreign trade; (10) Litigation and arbitration systems; (11) Other matters on which laws must be formulated by the National People's Congress and its Standing Committee.

The representative work that put forward the principle of popular sovereignty is "The Theory of Social Contract".

In his book The Social Contract, Rousseau systematically discussed the doctrine of popular sovereignty. It is believed that the state is formed by people through a social contract on the premise of complete equality.

People are still free and equal to let go of their natural rights and obtain agreed rights. The union that arises through the social contract is the state or sovereign.

Sovereignty is a sacred, inviolable, non-transferable, indivisible, and inrepresentable supreme right, which is the exercise of the public will. The persons exercising sovereignty should and must be the people who have contracted to establish the State.

The people can stand on the public side, express their opinions on public issues involving the whole country, and exercise their sovereignty by participating in discussions. ** It is only an organ that enforces the will of the sovereign, and the officials are the servants of the people, and their fate and stay are decided by the whole people.

The importance of the doctrine of the great power of the people's democratic sail

This doctrine provided the ideology for the French bourgeois revolution, laid the theoretical foundation for the Declaration of Independence and the Declaration of the Rights of Man, and played a major role in historical progress. Popular sovereignty became an important principle of bourgeois democratic politics in later generations.