What is the protective role of the law, the protective role of the law

The role of law refers to the influence of law on the social relations formed between people, which indicates the operation of state power and the realization of state will.

The role of law can be divided into normative and social. The normative role is put forward from the perspective that the law is the social norm that regulates people's behavior, and the social role is understood from the perspective that the law wants to achieve an end in social life, and the relationship between the two is: the normative role is the means, and the social role is the goal.

The specific functions are as follows:

First, the guiding role. This refers to the guiding role of the law in guiding individual behavior, including definite guidance and selective guidance. Definitive guidelines are generally the role of norms that provide for obligations, and selective guidelines are generally those of norms that provide for rights.

Second, the role of evaluation. This is the effect of the Dharma as a yardstick and standard for the behavior of others.

Three, ** role. This is the effect on the conduct between the parties.

Fourth, coercive effect. This is the effect on the behavior of the offender.

Fifth, the role of education. This is the effect on the behavior of ordinary people, including positive education and negative education.

The law has never been to protect anyone, on the positive side, at most it is to maintain social order, and on the other hand, it is to maintain the rule.

The purpose of the law is to maintain social order and protect the personal safety and interests of the masses of society.

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.

The role of the law:

1. Explicit effect.

The explicit role of the law is mainly to clearly inform people in the form of legal provisions what can and cannot be done, and which behaviors are legal and which are illegal. what kind of sanctions will be imposed on violators, etc. This role is mainly achieved through legislative and legal literacy work.

2. Corrective effect.

This function is mainly to mechanically correct some illegal acts that deviate from the legal track in social behavior through the enforcement force of the law, so that they can return to the normal legal track. For example, the law has carried out compulsory legal reform for some lawbreakers and criminals who have violated the law, so that their illegal acts have been compulsorily corrected.

3. Preventive effect.

The preventive effect of the law is mainly achieved through the express role of the law, the effectiveness of law enforcement, and the degree of punishment for illegal acts. The explicit role of the law can enable people to know the law and distinguish between right and wrong, that is, in people's daily behavior, what can be done, what is absolutely prohibited, what is the legal sanction that should be received for violating the law, whether it can be changed after violating the law, how much is the possibility of being flexible, and so on.

4. Final effect.

1) The ultimate role of the law is to maintain social order and protect the personal safety and interests of the public.

2) The guiding function (role) of the law refers to the law, as a code of conduct, which provides people with a certain mode of behavior, guiding people to behave in this way, must behave in this way or not to behave in this way, so as to have an impact on the behavior of the actor himself, that is to say, the guiding function (role) of the law is realized by stipulating people's rights and obligations, and the object it involves mainly refers to his own behavior.

Normative role: legal provisions. What to do. What not to do. Evaluate the behavior done.

Protective: Someone has broken the law. Finally the law is right. Sanctions and maintenance are protective functions.

Legal analysis: the protective function of the legal system, one of the basic functions of the legal system. The legal system protects the dominant social relations from infringement and excludes crime and other social deviances in accordance with the law.

The protection function is based on sanctions, and the use of national coercive measures is manifested in two aspects: the use of legal responsibility and the implementation of sanctions with a punitive nature; The restoration of rights is guaranteed in accordance with law, including acts of restoring rights carried out by the perpetrator of compulsory acts, as well as remedial measures carried out by the state and state organs on their own initiative. The legal means used for the protection function include: the establishment of prohibitions prohibiting the commission of acts that infringe on the rights of citizens, social organizations and the state; stipulating protective legal facts (e.g., stipulating what constitutes a tort); establishment of sanctions; Establish a wide range of guidelines for crime prevention and other acts of disproportionately searching for ethnic separation.

Legal basis: Civil Code of the People's Republic of China

Article 1: This Law is drafted on the basis of the Constitution so as to protect the lawful rights and interests of civil entities, to adjust civil relations, to preserve social and economic order, to meet the requirements of the development of socialism with Chinese characteristics, and to carry forward the Core Socialist Values.

Article 2: The Civil Law regulates the personal and property relations between natural persons, legal persons, and unincorporated organizations that are equal subjects.

Legal analysis: It is the basic spirit of civil law to protect the personal rights, property rights and rights of both personal and property rights, such as inheritance rights, intellectual property rights, trademark rights, etc. We live in a world where the civil rights and interests of others are intentionally or negligently infringed upon by organizations or individuals, and the specific manifestations are illegal encroachment, restriction, deprivation, etc.

Rights must be protected by law, and no one may interfere with the normal exercise of civil rights by others.

Legal basis: Labor Law of the People's Republic of China

Article 58: The State implements special labor protections for female employees and juvenile workers. Juvenile workers are workers who have reached the age of 16 but have not yet reached the age of 18.

Article 64 Juvenile workers shall not be allowed to engage in underground labor, labor that is toxic or harmful, or labor of the fourth level of physical labor intensity or branch as prescribed by the State, and other labor that is taboo.

Article 65 Employers shall conduct regular health examinations for juvenile workers.

Legal Analysis: Life, Legal Property and Personal Freedom.

Legal basis: Constitution of the People's Republic of China

Article 13: Citizens' lawful private property shall not be infringed upon. The State protects citizens' private property rights and inheritance rights in accordance with the provisions of law. The State may, in accordance with the provisions of law, expropriate or expropriate citizens' private property and compensate them for the needs of the public interest.

Article 36: Citizens of the People's Republic of China have freedom of religious belief. No registered 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 in front of the mountain may use religion to engage in activities that disrupt social order, harm citizens' health, or obstruct the state's education system. Religious communities and religious affairs are not subject to the domination of foreign powers.

Article 38: The personal dignity of citizens of the People's Republic of China is inviolable. It is forbidden to insult, slander or falsely accuse citizens in any way.

Legal Analysis: Citizens' personal property includes citizens' legal income, houses, savings, daily necessities, cultural relics, library materials, forests, livestock, and the means of production and other legal property that citizens are allowed to own by law. Citizens' lawful property is protected by the laws of Voldan, and it is forbidden for any organization or individual to encroach upon, loot, destroy, or illegally seal, seize, freeze, or confiscate.

Legal Analysis Leesui:

Citizens' personal property, including citizens' legal income, houses, savings, daily necessities, cultural relics, library materials, forests, livestock, and means of production permitted by law to be owned by citizens, as well as other legal property. Citizens' lawful property is protected by law, and it is forbidden for any organization or individual to occupy, loot, destroy, or illegally seal, seize, freeze, or confiscate.

Hello, the normative role and protective role of the law: (1) Normative role: the prominent performance is that it stipulates what people can do, what must be done, what should be done, and what should not be done.

If people break the law, they are sanctioned or dealt with by the law. The law provides a pattern, standard, or direction for a person's behavior. At the same time, it is also the criterion for evaluating whether people's actions are legal and effective.

2) Protective: daily life is inseparable from the law, and the law is the "guardian" of our life; The governance of the country is inseparable from the law, and the law is the guarantee of the life of the country; The law resolves disputes and punishes illegal crimes, and Lao Lun protects people's legitimate rights and interests.

Article 127 of the Civil Code of the People's Republic of China: Where the law has provisions on the protection of data and online virtual assets, follow those provisions. Article 2 of the Civil Code of the People's Republic of China regulates the personal and property relations between natural persons, legal persons and unincorporated organizations that are equal subjects. Article 3 of the Civil Code of the People's Republic of China provides that the personal rights, property rights, and other lawful rights and interests of civil subjects are protected by law, and must not be infringed upon by any organization or individual.