Whether the law is based on the needs of the State or the needs of the people

Fundamentally speaking, the emergence of law should be based on the needs of the people (the people), the law and the state are the products of the development of human society to a certain extent, and when the people need the state to maximize their interests (such as avoiding being invaded and plundered by other peoples, and organizing a large number of manpower to engage in certain large-scale activities such as river control and road construction), the state is born, when the people hope that their private property and rights will be better protected, and their interests can be stopped and compensated when they are harmed. Law was born, so "man" is the root of everything in society.

Law arises first on the basis of the needs of the people, and only then on the state, because all power, including the legislative power, belongs to the people. This is stipulated in both the capitalist and socialist constitutions.

In ancient texts, the law is called punishment, and law and punishment are interchangeable. The meanings of law in ancient Chinese are complex and diverse, the most important of which are: (1) Law symbolizes justice, integrity, universality, and unity, and is a kind of norm, rule, routine, model, and order.

2) The law has the meaning of fairness, and is the standard and basis for fair litigation. (3) The law is punishable, punitive, and backed by punishment.

The essence of law exists in the antagonistic and unified relationship between the will of the state and the class on the one hand, and social existence and material conditions on the other. In a society of class antagonisms, the essence of law can be said above all the will of the ruling class.

Law is the expression of the will of the ruling class, so it must be based on the needs of the state.

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.

The most fundamental reason for the emergence of the state and law is the objective need and inevitable result of the development of the productive forces.

The level of development of the productive forces is the result of the aggregation and matching of the system composed of the factors of the productive forces and the system composed of the political, economic, social, cultural, ecological and other environments in which they are located.

The basic elements that constitute the productive forces are the means of labor as the main means of production, the labor objects introduced into the production process, and the laborers with certain production experience and labor skills. It is the intrinsic dynamic foundation of social development.

In addition, human beings use all kinds of professional science and engineering technologies to manufacture and create products of material civilization and spiritual civilization to meet their own ability to survive and live.

The emergence of the state is the progress of mankind and an important symbol of mankind's entry into civilized society. The fundamental reason for the emergence of the state is the objective need and inevitable result of the development of the productive forces. The advent of private ownership is the economic root of the emergence of law.

Both the state and the law are irreconcilable products of social contradictions. Due to the development of the productive forces and the social division of labor, with the emergence of private ownership, classes, and the state, law will inevitably arise, and this is the fundamental reason for the emergence of law.

The fundamental reason for the emergence of the state and law is the objective need and inevitable result of the development of the productive forces.

Law is subordinate to the state, it is the embodiment of the will of the state; The nature of law and its development are directly determined by the nature of the State and its development; The form of the state determines the characteristics of the creation, form and implementation of the law; The tasks and functions of the State also determine the tasks and functions of the law.

At the same time, the state must realize its essence and mission through law, which is an indispensable tool for the ruling class to realize its state power. The basic institutions of the State must be established in the form of law.

The form of the State and the system of State institutions also need to be determined by law, which confirms its legal status, delineates its powers and areas of activity; The functions of the State also need to be carried out by means of law.

There are too many people, so we have to put some rules in place.

For example, there are people coming and going on the road, and if there are no traffic lights, it will be chaotic.

Some people don't follow the rules, and there are countries and laws.

Personally, I believe that the law is fundamentally a tool to restrain the social system.

The reason for the emergence of state and law is the common requirement and inevitable result of the convergence of racial consciousness and security consciousness after the development of human civilization has reached a certain stage.

There are two ways in which laws are generated: those enacted by the state and those that are recognized by the state. In our country, the two forms of state-created laws are enactment or recognition.

The law is enacted or approved by the state, that is, the form in which the law has the will of the state. The creation of socialist laws is the activity of socialist state organs to formulate, revise, and repeal laws and norms in accordance with certain legal procedures in accordance with the common will of the working class and the broad masses of the people.

The way in which the state creates its laws:

1. Formulate. Within the scope of their statutory authority, state organs are to formulate, supplement, amend, and repeal normative legal documents in accordance with legal procedures.

2. Recognition. State organs give legal force to certain pre-existing social norms, or give legal force to precedent.

Laws are formulated or approved by the state and guaranteed to be enforced by the coercive power of the state, reflecting the will of the ruling class determined by the conditions of material life in a particular society, with rights and obligations as the content, and a system of behavioral norms aimed at confirming, protecting, and developing social relations and social order that are beneficial to the ruling class.

The law is the most powerful tool for maintaining the stability of the country and the vigorous development of various undertakings, and it is also a tool for defending the rights and interests of the people, and it is also a means for the ruler to rule the ruled. A law is a set of rules, usually through a set of systems to enforce them. But in different places, the legal system will articulate people's legal rights and obligations in different ways.

One way to distinguish between civil law and common law is to distinguish between civil law and common law systems. In some countries, their religious laws are based on their laws.

Legal basis

Legislation Law of the People's Republic of China

Article 7: The National People's Congress and the Standing Committee of the National People's Congress exercise national legislative power. The National People's Congress enacts and amends criminal, civil, state institutional and other basic laws. The Standing Committee of the National People's Congress formulates and amends laws other than those that shall be enacted by the National People's Congress; When the National People's Congress is not in session, partial supplements and amendments to laws enacted by the National People's Congress may be made, provided that they do not contradict the basic principles of the law.

Since the emergence of human society, human beings have continued to explore how law came about, from ancient Greece to postmodern times, many jurists have put forward many authoritative theories, generally the following theories: (1) Law is based on the oldest, the origin of all things naturally generated. (2) Law was given to mankind by the gods.

3) Law is the result of mutual contracts in human social life, work and other activities.

From ancient Greece to post-modern times, many jurists have put forward a number of authoritative theories, which are generally as follows: (1) Law is based on the most ancient, the origin of all things. (2) Law was given to mankind by the gods.

3) Law is the result of mutual contracts in human social life, work and other activities.

Law: A law is a system of norms enacted or approved by the state and enforced by the coercive power of the state, reflecting the will of the ruling class determined by specific material conditions of life. The law is the embodiment of the will of the ruling class and the ruling instrument of the state.

Laws are the general term for basic laws and ordinary laws that are enacted, amended, and promulgated in accordance with legal procedures by the legislature exercising the legislative power of the state, and are guaranteed to be implemented by the coercive power of the state. Law is a collective term for the code and the law, which respectively regulates what citizens can and cannot do in the life of society.

This depends on the definition of "law".

If it is "law" in the strict sense of the word, then there is the state first and then the law.

If "law" is a social norm generally recognized by a group, then there is law first and then there is the state.

Of course, it also depends on the definition of "state", if a group of human beings with a fixed sphere of life can be defined as "state", then of course there is a state first and then there is law.

If the "state" is the most primitive group and the "law" is the most primitive norm, then it should be formed at the same time.

Because the beginning of socialization behavior also means the emergence of norms.