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Constitution, laws, administrative regulations, local regulations, autonomous regulations and special regulations.
Many scholars now tend to consider precedent as a source.
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Constitution, Laws, Administrative Regulations, Judicial Interpretations, Local Regulations, Judicial Interpretations, International Treaties.
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Empirical evidence of China's situation in the past 50 years, China's national conditions have constituted the basic environment for China's legislation here. Their impact on legislation is extensive, and almost all major aspects of legislation have been engraved with traces of national conditions. It can be said that legislation is in fact the product of these national factors.
This can be understood by analysing some of the characteristics or origins of some of the phenomena in China's legislation. For example, we know that contemporary Chinese legislation has undergone a process of ups and downs, in which the status of legislation in national life is uncertain, and it is sometimes put on the agenda, and sometimes it is abandoned. Nowadays, the status of legislation is valued on the one hand, but on the other hand, it is still often ignored in a "inadvertent" way. [26] This phenomenon has a direct and profound relationship with some factors in the national conditions, first of all, it is related to the human rule factor in the national conditions, which is a manifestation of the human rule factor in the national conditions.
The rule of man is the mainstream of China's 2,000-year-old strategy of governing the country. After the establishment of the republic, the tradition of human rule could not be effectively suppressed. This is one of the main reasons why the establishment of a country based on the rule of law has been proposed recently.
Under the conditions of the rule of man, not only can the rule of law as a whole, including legislation, not function effectively, but the activities of the entire State, including legislative activities, are very unstable. One of the outstanding characteristics of the rule of man is that it makes state activities uncertain and unstable.
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Legal analysis: The sources of law can be divided into formal sources and informal sources, sources of substantive meaning law and sources of formal meaning law. The origins of our country in the formal sense are:
Constitution, laws, administrative regulations, local regulations, autonomous regulations and special regulations, laws and administrative rules of the special administrative regions, international treaties and international practices, etc.
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.
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.
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Legal Analysis: The sources of contemporary Chinese law are mainly various enactments with the Constitution as the core, including the Constitution, laws, administrative regulations, local regulations, normative documents of special economic zones, laws, regulations, rules, international treaties, and international practices of special administrative regions. This is determined by the nature of our state and law.
Legal basis: Legislation Law of the People's Republic of China
Article 8 The following matters may 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 special administrative regions, 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.
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Answer] :d test the knowledge points of this question is the source of contemporary Chinese law.
The sources of contemporary Chinese law refer to the sources of law in the mainland region that implements the socialist system as the main body of China, mainly the various enacted laws based on the Constitution, as well as the international treaties concluded or acceded to by China and the accepted practice of dispersion. Specifically, it includes the Constitution, laws, administrative regulations, local regulations, autonomous regulations (including autonomous regulations and special regulations), special economic zone regulations, laws and regulations of special administrative regions, international treaties, etc.
Modernization is a process in which a country or region achieves all-round development in the economic, political, and cultural fields. The building of the rule of law is an important part of modernization, and it plays a vital role in the advancement of modernization. The following is the role of the rule of law in the process of modernization: >>>More
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At present, the biggest flaw of China's rule of law, I personally believe that the law is still in the natural stage in many cases, that is, many times it only stays on paper, and does not really penetrate into the hearts of the people, and the people do not regard the law as the highest standard of their own behavior, and do not have a deep sense of identity with the law (let alone as a belief).This is mainly due to the fact that traditional cultural factors and the development of the rule of law are external reasons. >>>More
Legal Analysis: The legislative purpose of the Civil Code is to protect the legitimate rights and interests of civil subjects. >>>More
It must be a rational act and not listen to other people's opinions.