Briefly describe the difference between legal rules and legal principles

The differences between the two are mainly reflected in the following aspects:

First, in terms of national law, legal rules can only come from the hands of legislators, which is particularly prominent in written France; The principle of law is more extensive.

Second, in terms of content: the legal rules are clear and specific; Legal principles are general and vague;

Third, in terms of the scope of application: legal rules only apply to a certain type of behavior, and they cannot be universally applicable; Legal principles have a greater scope and abstraction of human conduct and conditions, such as the principle that all persons are equal before the law can permeate any legal fact. As a result, the principles are also broader in scope than the rules.

A rule can only regulate one type of behavior, while a principle regulates a wider area, even involving the coordination and guidance of most social relations.

Fourth, in the way of application: the legal rule is applied in an "all-or-nothing" manner; Legal principles are not applied in an "all-or-nothing" manner in a case-by-case manner, and principles of varying intensity or even conflicting principles may exist in a law.

Fifth, in terms of application conditions: legal rules have priority applicability compared with legal principles, and legal rules can be applied in a specific and targeted manner when targeting specific cases, so as to achieve one-to-one targeted application; The principle of law may be applied only if the rule of law is exhausted and the principle of direct application of the law cannot be discarded except in order to achieve justice in individual cases, and there is no stronger reason why the principle of the application of the law may not be applied.

Sixth, from the point of view of expression; Any legal rule is composed of three parts: assumptions (conditions), patterns of behavior and legal consequences, while legal principles generally have no fixed form of expression.

Seventh, from the perspective of function: the basic function of legal rules is to provide definite and feasible guidance for people's behavior; Legal principles are the principles and norms that are the basis of legal norms or are relatively stable in law. It does not presuppose any definite and specific state of fact, nor does it prescribe specific rights, obligations and responsibilities.

1. What is the difference between legal principles and legal rules?

1. The differences between legal principles and legal rules are as follows:

1) Legal rules are more specific legal principles, while legal principles do not specifically set the content of rights and obligations, but only stipulate directions;

2) in terms of scope of application, only one rule can be applied to a case, while the scope of application of the principle is much broader;

3) In terms of application, the rule of law is applied in an "all-or-nothing" manner. This is not the case with legal principles.

2. Legal basis: Article 10 of the Civil Code of the People's Republic of China.

Application of Law] The handling of civil disputes shall be in accordance with the law; Where the law does not provide for it, custom may be applied, but it must not be contrary to public order and good customs.

2. The difference between legal principles and legal rules.

1. The content is different:

1) The requirements of legal principles are relatively general and vague, and they do not set clear and specific assumptions in advance, let alone clear legal consequences;

2) the provisions of the legal rules are clear and specific, and they focus on the commonality of the subject's behavior and various conditions (situations); Its specific purpose is to weaken or prevent "discretion" in the application of the law.

2. The scope of application is different

1) Legal principles have a greater coverage and abstraction of human behavior and its conditions, and they are the common value norms of a certain type of behavior generalized from social life or social relations, a certain legal department or even the entire legal system, and have a macro guiding nature, and their scope of application is broader than that of legal rules;

2) Legal rules are only applicable to a certain type of conduct due to their specific and clear content.

3. Different roles:

1) Legal principles are also an indispensable part of the legal system and norms, and they are the origin and basis of legal rules; They can reconcile the contradictions between the rules in the legal system, make up for the deficiencies and limitations of the legal rules, and they can even be directly used as the legal basis for judges' decisions; At the same time, through the guidance of judges' "discretion", legal principles can not only ensure the individual justice of individual cases and avoid the substantive injustice that may be caused by rigidly applying the rules of law, but also make the legal system have a certain degree of elasticity and tension, so that the legal rules can maintain stability and stability to a greater extent.

2) Legal rules have the obvious characteristic of being stronger than legal principles, that is, judges are less likely to deviate from the rules and make rulings than principles.

The differences between the two are mainly reflected in the following aspects:

1) In terms of content, the provisions of the legal rules are clear and specific, focusing on the commonality of the subject's behavior and various circumstances. However, the requirements of legal principles are relatively general and vague, and legal principles do not directly tell the actor how to achieve or meet some general requirements or standards set for the act, so judges can have greater flexibility and discretion in their application.

2) In terms of the way in which they are applied, the rules of law are applied to individual cases in an "all-or-nothing" manner, while the application of legal principles is not applied in an "all-or-nothing" manner, and principles of different strengths, or even conflicting principles, may exist and be applied in a law.

3) In terms of function, legal rules are stronger than legal principles, and without rules, the legal system lacks hardness. As the origin and basis of legal rules, legal principles can coordinate the contradictions between rules in the legal system, make up for the deficiencies and limitations of legal rules, and can even directly serve as the legal basis for judges' judgments.

4) In terms of **, the rules of law can only come from the hands of the legislator in the law of the country, which is particularly prominent in the written French; The principle of law is more extensive.

5) In terms of scope of application: legal rules are only applicable to a certain type of behavior, and they cannot be universally applicable; Legal principles have a greater scope and abstraction of human conduct and conditions, such as the principle that all persons are equal before the law can permeate any legal fact. As a result, the principles are also broader in scope than the rules.

Legal basis: Article 57 of the Constitution of the People's Republic of China: The National People's Congress of the People's Republic of China is the highest organ of state power. Its permanent organ is the Standing Committee of the National People's Congress.

Article 58 of the Constitution of the People's Republic of China: The National People's Congress and the Standing Committee of the National People's Congress exercise the legislative power of the State.

The correct way to say this is:

1. Legal rules are not always expressed by legal provisions;

2. Legal rules can maximize the feasibility of law.

A legal concept is a concept that describes a legal phenomenon or legal fact. The concept of law itself is not a rule of law or a principle of law, but a tool for expressing rules and content. In this sense, legal concepts cannot be applied in isolation.

In terms of content, the provisions of the legal rules are clear and specific, and they focus on the commonality of the subject's behavior and various conditions; Its specific purpose is to weaken or prevent "discretion" in the application of the law. In contrast, legal principles focus not only on the commonality of acts and conditions, but also on their individuality.

Constitution of the People's Republic of China

Article 24: Citizens of the People's Republic of China who have reached the age of 18 have the right to vote and to stand for election, regardless of ethnicity, race, sex, occupation, family origin, religious belief, educational level, property status, or period of residence; However, this excepts apply to persons who have been deprived of their political rights in accordance with the law. Article 26: Citizens of the People's Republic of China have freedom of religious belief.

No state organ, social group, or individual may compel citizens to believe in a religion or not to believe in a religion, and must not discriminate against citizens who believe in a religion or those who do not believe in a religion.

The State protects normal religious activities. No one may use religion to engage in activities that disrupt social order, harm citizens' health, or obstruct the national education system.

Religious communities and religious affairs are not subject to the domination of foreign powers. Article 27 All State organs shall implement the principle of streamlining, implement the work responsibility system, implement the training and evaluation system for staff, continuously improve the quality and efficiency of work, and oppose bureaucracy.

All state organs and functionaries must rely on the support of the people, always maintain close ties with the people, listen to the people's opinions and suggestions, accept the people's supervision, and strive to serve the people.

State functionaries shall take a constitutional oath publicly in accordance with the provisions of law when taking office. Article 95: Provinces, municipalities directly under the Central Government, counties, cities, municipal districts, townships, ethnic townships, and towns shall establish people's congresses and people's congresses.

The organization of local people's congresses at all levels and local people's congresses at all levels shall be prescribed by law.

Autonomous regions, autonomous prefectures, and autonomous counties shall establish organs of self-government. The organization and work of the organs of self-government shall be prescribed by law in accordance with the basic principles laid down in sections 5 and 6 of chapter III of the Constitution.

Differences:1In terms of content: the legal rules are clear and concrete; Legal principles are general and vague;

2.In terms of the rate of change, legal principles have strong stability, and they are usually the accumulation of major social values and will not change easily; It is much easier to change the rules of the law.

3.In terms of the scope of application, legal rules only apply to a certain type of behavior, and they cannot be universally applicable; Legal principles have a greater coverage and abstraction of human conduct and its conditions, and the scope of application of principles is wider than that of rules.

A rule can only regulate one type of behavior, while a principle regulates a wider area.

4.In terms of manifestation, the presumptive conditions of legal principles are often omitted, while legal rules are made up of three parts.

5.There is also a difference in the applicable formula: legal rules exist in an all-or-nothing manner, while legal principles are not.

Law.