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Legislation is the making of laws, and justice is the implementation of laws.
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The easiest way to tell the difference is to implement different themes. Legislative guarantee means that the legislative body that is qualified to legislate will supervise and analyze it at the time of legislation to ensure the correctness and enforceability of legal provisions; Judicial guarantee means that after the legislation is enacted, the judicial organs provide guarantees for the correct implementation of the law in their daily lives.
Since it is a multiple-choice question, it is enough to distinguish between the legislature and the judiciary.
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Legal analysis: mainly the legislative activities of the state. Generally, it should be guaranteed through legally effective laws, administrative regulations, etc.
Institutional guarantee is guaranteed by formulating a sound institutional system. Not only does the mu section include legal guarantees, but also internal document guarantees such as party discipline and departmental Nailing systems. Institutional guarantee refers not only to the national system guarantee, but also to the internal system guarantee of the unit or enterprise.
In short, the scope of institutional safeguards is greater.
Legal basis: "Civil Code of the People's Republic of China" Article 1: This Law is formulated in accordance with the Constitution so as to protect the lawful rights and interests of civil subjects, adjust civil relations, preserve social and economic order, adapt to the requirements of the development of socialism with Chinese characteristics, carry forward the Core Socialist Values, and eliminate relatives.
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Legislative protection is simply to confirm the rights of the people through the enactment of laws, such as stipulating that you have the right to receive compulsory education, and the labor law stipulates that workers have the right to be paid for their work.
Judicial protection means that the judicial organs use the law to sanction acts that endanger the rights of citizens, such as bosses who are in arrears of wages to migrant workers, infringe on the right to remuneration for labor, and according to the labor law, there are authorities to sanction and deal with them.
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Legal analysis: Judicial protection refers to the protection of citizens' rights through legal sanctions for various infringements. China protects the rights of citizens by establishing a rights protection system with the Constitution as the core and legislative and judicial guarantees as the main contents.
The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China adopted the "Decision of the Communist Party of China on Several Major Issues Concerning Comprehensively Advancing the Rule of Law", from the strategic height of comprehensively advancing the rule of law, in terms of "ensuring judicial impartiality and improving judicial credibility", put forward the clear requirements of "letting the people feel fairness and justice in every judicial case", and made specific arrangements for ensuring judicial fairness from the aspects of improving the judicial management system and the operation mechanism of judicial power, standardizing judicial behavior, and strengthening supervision of judicial activities.
Legal basis: "Administrative Litigation Law of the People's Republic of China" Article 1: This Law is formulated on the basis of the Constitution so as to ensure that the people's courts hear administrative cases fairly and in a timely manner, resolve administrative disputes, protect the lawful rights and interests of citizens, legal persons, and other organizations, and supervise the lawful exercise of authority by administrative organs.
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Legislative guarantee is to first make the matter of guarantee clear in legislation. There is a law to follow. There is a legal basis.
Judicial guarantee is to use the means of judicial protection to protect the matters specified in the legislation in accordance with the law in the process of resolving the matter. Do what you have to do.
Legislative guarantee means that the law protects a certain right in the form of legal provisions, which is a legislative act. For example, the Constitution stipulates that citizens have the right and duty to receive education. To put it simply, it is to stipulate our rights through legislation, and if we do not stipulate it, we will not have rights.
Judicial protection means that when citizens' rights are violated, the judicial organs will protect them through judicial activities, which is a kind of practical behavior. For example, a series of activities such as the investigation of crimes by the public security organs, the accusation of crimes by the procuratorate, and the trial by the courts. Through this series of activities, the rights of citizens are safeguarded.
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Hello, I understand the legal guarantee in this way, if you lose the case in the first instance, you can appeal, if you lose the case in the second instance, you can retry it, and if the retrial is rejected, you can apply to the procuratorate for a protest, etc., this kind of relief channel is the legal protection for citizens.
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