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The enactment of laws, also known as the creation of laws, the creation of laws, is most commonly referred to as "legislation".
It refers to a special activity in which a state organ with the power to create law or an authorized state organ formulates, supplements, amends and repeals laws and other normative legal documents and approves laws within the scope of its authority as prescribed by law and in accordance with legal procedures. It is also referred to as the revision, amendment and repeal of laws. This kind of activity is to elevate the proposition of a certain class (stratum or class alliance) to the will of the state, to become a normative legal document.
Draft laws, also known as legal bills and legislative bills, are proposals and suggestions submitted to the legislature by state organs and personnel with the power to propose legislation on the creation, approval, amendment or repeal of laws. The introduction of a bill is the first step in the legislative process.
China's "Organic Law of the National People's Congress" stipulates that the delegation of the National People's Congress or more than 30 deputies, the presidium of the National People's Congress, the Standing Committee of the National People's Congress, the special committees of the National People's Congress, the Military Commission, the Supreme People's Court and the Supreme People's Procuratorate enjoy the right to propose legislation.
There are two stages of deliberation on the draft law: first, it is deliberated by the relevant committees of the National People's Congress; Second, the deliberations of the plenary session of the legislature. In the process of deliberating draft laws, the corresponding organs should examine the legislative motives of the draft laws, the spirit of the legislation, the coordination between the draft laws and other laws, and the legislative techniques.
The main results of the deliberation of the draft law are: (1) submitted to the legislature for a vote; (2) shelving; (3) Termination of deliberations.
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In China, only the National People's Congress can legislate. From the provincial level, all they set up were local regulations. It's not called law.
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** There is no place where the BAI authority is enacted.
The power of the people's congresses and their standing committees of all provinces, autonomous regions, and municipalities directly under the Central Government, as well as the people's congresses of Shenzhen Municipality, can formulate local regulations, autonomous regulations, and special regulations
It is formulated by the people's congresses and their standing committees of all provinces, autonomous regions, and municipalities directly under the Central Government, and is equivalent to the highest organ of power in each locality.
Most of the local regulations are called regulations, some are the implementation rules of the law in the local area, and some are documents with regulatory attributes, such as resolutions and decisions. Local regulations often have local names at the beginning, such as the Beijing Municipal Food Safety Regulations, and the Beijing Municipal Measures for the Implementation of the Animal Epidemic Prevention Law of the People's Republic of China.
Regulations: There are also regulations formulated by the people of provinces, autonomous regions, municipalities directly under the Central Government and larger cities, which are only valid within their own administrative regions. For example, the "Decision of the Beijing Municipal People's ** on Amending the "Beijing Tiananmen Area Management Regulations", "Beijing Municipal Measures for the Implementation of the "Interim Regulations of the People's Republic of China on Cultivated Land Occupation Tax", etc.
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Larger cities, sub-provincial cities, and municipalities directly under the Central Government have the authority to formulate local regulations.
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3 articles; SARS special regulatory documents: 134;
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There are 6 types, 1 constitutional, 2 criminal, 3 civil law, 4 administrative, 5 procedural law, 6 non-procedural law.
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Different standards have different classifications, such as: laws-administrative regulations-local regulations-local rules; Constitution - Basic Law - General Law, etc.
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There are four levels, which are in the encyclopedia.
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Minor injury refers to an injury in which various external factors such as physical, chemical, and biological factors act on the human body, causing a certain degree of damage to the structure of tissues and organs or partial dysfunction, and do not constitute serious injuries but are not minor injuries.
Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, Ministry of Justice.
Criteria for the identification of minor injuries to the human body.
Trial) Law (Division) Fa 1990 No. 6.
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Because China is a country governed by the rule of law, if there is a law to follow, everyone must act in accordance with the law. Local regulations have lost their basis for existence. Therefore, only when laws and administrative regulations have not yet been formulated, local regulations can set up administrative licenses.
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Because laws and administrative regulations are the superior laws of local regulations. For a simple example, when grandpa didn't speak, dad spoke well, and if grandpa spoke, of course, he listened to grandpa, and dad didn't speak well.
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Article 14 of the Administrative Licensing Law: For the matters listed in Article 2 of this Law, the law may establish administrative licensing. Where laws have not yet been enacted, administrative regulations may set up administrative licensing.
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Are you referring to administrative penalties or criminal penalties? Laws and administrative rules can be set for administrative punishments, but criminal penalties can only be set by the people's congress, and punishments involving the person can only be set by the people's congress.
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The scope of application of the law refers to the scope of the effect of the application of the law. Article 2 of the Administrative Punishment Law stipulates that this Law shall apply to the establishment and implementation of administrative penalties.
In other words, the scope of application of the Administrative Punishment Law includes two aspects: the setting of administrative penalties and the implementation of administrative penalties. The establishment of administrative punishment refers to the first time that a state organ has the power to set a code of conduct as prescribed by law.
The scope of application of the law refers to the scope of the effect of the application of the law. Article 2 of the Administrative Punishment Law stipulates that this Law shall apply to the establishment and implementation of administrative penalties.
In other words, the scope of application of the Administrative Punishment Law includes two aspects: the setting of administrative penalties and the implementation of administrative penalties. The establishment of administrative punishment refers to the first time that the state organ that has the power to set the code of conduct as prescribed by law independently and autonomously stipulates what kind of conduct is an illegal act, and stipulates what kind of administrative punishment is to be imposed on such an illegal act.
The problem to be solved in the setting of administrative penalties is which level of state organ and which type of state organ has the power to set what kind of administrative punishment. Specifically, laws, administrative regulations, and local regulations each have the power to set which kind of administrative punishment they have.
There are generally three situations in which administrative penalties are set: one is that the legislature directly grants the administrative organ the power to impose administrative penalties through the enactment of laws;
One is the highest administrative organ of the state, that is, the content of administrative punishment is clarified through the formulation of administrative regulations;
One is that the relevant administrative organs stipulate the content of administrative penalties in accordance with the authorization of laws and regulations. There are differences in the procedures for administrative punishments, the contents, targets, and results of the punishments imposed in these three situations.
The specific nature of administrative punishment shall be set by the laws and regulations at which level, and shall be determined by the Administrative Punishment Law.
The setting of the penalty for the closure of the administrative department is the first link of the administrative punishment and the basis of the administrative punishment. However, the vitality of the law lies in its implementation, and the Administrative Punishment Law also regulates the implementation of administrative penalties. The imposition of administrative punishments refers to the punishment of illegal conduct by administrative organs or other organizations that lawfully implement laws and regulations in accordance with the legally-prescribed basis and legally-prescribed procedures.
With regard to the implementation of administrative punishments, the Administrative Punishment Law solves two problems: it stipulates the basis and procedures for administrative punishments, and ensures that administrative organs exercise the power of administrative punishment in accordance with the law and effectively carry out administrative management;
While effectively carrying out administrative management, protect the legitimate rights and interests of Huaidou citizens, legal persons and other organizations, and prevent the abuse of administrative punishments. That is, administrative organs are required to have a legal basis for carrying out administrative punishments, and the making and implementation of punishment decisions must be in accordance with legal procedures, and at the same time, remedial measures for dissatisfaction with administrative punishment decisions are stipulated.
Responsibility: Alice).
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Obviously, close roll. Dizzy people speak with a lot of weight, the influence of the sedan manuscript is high, ordinary people die when they die with respect, and leaders at the head of state have to report if they can't catch a cold.
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The level of effectiveness of a law depends on the status of its enacting organ in the system of state organs, and the level of effectiveness of legal norms formulated by different organs is also different.
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Option D, the legal norm that does not allow for the establishment of administrative coercive measures is administrative regulations.
According to the "Administrative Compulsion Law of the People's Republic of China", the provisions are as follows:
1. Article 10: Administrative compulsory measures are set by law.
Where laws have not yet been enacted, and are matters of administrative authority, administrative regulations may establish administrative compulsory measures other than those provided for in paragraphs 1 and 4 of article 9 of this law and administrative compulsory measures that shall be prescribed by law.
Where laws or administrative regulations have not yet been drafted, and it is a local matter, the local regulations may establish the administrative compulsory measures provided for in items 2 and 3 of article 9 of this Law.
Other normative documents other than laws and regulations must not set up administrative compulsory measures.
2. Article 11: Where laws have provisions on the targets, conditions, and types of administrative compulsory measures, administrative regulations and local regulations must not expand the provisions.
Where administrative compulsory measures are not set up in the law, administrative regulations and local regulations must not set up administrative compulsory measures. However, where the law provides for specific administrative measures for specific matters, the administrative regulations may provide for other administrative compulsory measures other than those provided for in paragraphs 1 and 4 of Article 9 of this Law and the administrative compulsory measures that shall be prescribed by law.
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The selection of local administrative regulations does not set administrative coercive measures.
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The legal norms that do not allow the establishment of administrative coercive measures are administrative rules.
This is because administrative rules can only make specific provisions within the scope of the acts, types, and extent of administrative punishments prescribed by laws and administrative regulations. Where laws and administrative regulations have not yet been formulated, the rules formulated by the Ministry and Committee provided for in the preceding paragraph may set administrative penalties of warnings or fines for violations of the administrative management order. The limit of the penalty is set by ***.
Directly subordinate bodies with administrative punishment authority may be authorized to provide for administrative punishments in accordance with the provisions of paragraphs 1 and 2 of this article.
Article 12: The rules formulated by the Ministry and the Commission may make specific provisions within the scope of the conduct, type and scope of administrative punishment provided for by laws and administrative regulations.
Where laws and administrative regulations have not yet been formulated, the rules formulated by the Ministry and Committee provided for in the preceding paragraph may set administrative penalties of warnings or fines for violations of the administrative management order. The limit of the penalty is set by ***.
Directly subordinate bodies with administrative punishment authority may be authorized to provide for administrative punishments in accordance with the provisions of paragraphs 1 and 2 of this article.
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