The difference between legally binding force and legal effect

The difference between legal binding force and legal effect is that legal effect and binding force are the relationship between inclusion and inclusion, legal effect is equivalent to legal binding force, is a kind of binding force, is a guarantee of legal coercive force, and binding force includes many, such as morality, religion, etc.

Legal analysisLegally binding is the definition of what can or cannot be done within the scope of the law. Legal effect is the effect that occurs when the law is used. There is no substantive difference between legally binding force and legal effect, but only a different perspective in generalization.

Legal effect emphasizes validity, focusing on whether it is effective or invalid; Legally binding force emphasizes restrictiveness, focusing on the constraint and the constraint. For the parties to the contract, it is more appropriate to adopt the term "legally binding". Legal effect refers to the binding force possessed or conferred by law.

Both normative and non-normative legal documents have a certain binding force and require people to behave in accordance with the provisions of the legal documents. Legal effect sometimes refers to the legal effect of an act or fact, that is, it can obtain affirmative legal consequences, such as a legally established contract has legal effect and can obtain legal protection. Obviously, the effect of normative legal documents, as well as lawful acts and facts, is conferred by normative legal documents.

As long as the normative legal documents formulated by state organs in accordance with their statutory powers and procedures, they will naturally have a certain effect. The legally binding force should be the mandatory force conferred by the law on the parties to the contract, that is, if the parties violate the content of the contract, the corresponding legal consequences will occur, including the corresponding legal liability. Binding force is the compulsory state that the parties must do or must not do, binding force or ** in the law, or ** in the moral norms, or ** in people's conscious consciousness, of course, from the law of legal binding, has the strongest binding force on people's behavior.

Legal basisInterpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China Article 462:A legally effective ruling on the realization of a security interest, a ruling on the confirmation of a mediation agreement, or a payment order shall be enforced by the people's court that made the ruling or payment order or by the people's court at the same level where the property subject to enforcement is located. In judgments where property is found to be ownerless, the people's court that made the judgment is to return the ownerless property to the state or collective.

Legally binding is what you can or cannot do within the scope of the law. Legal effect is the effect that occurs when the law is used.

This should be two concepts, you have to distinguish clearly, restraint is restraint, you don't break the law, the effect should be how many cases you have handled!

Legal Analysis: Inclusion and Inclusion:

Legal effect is legal binding, which is one of the binding forces, which is guaranteed by legal coercive force, and binding force includes many kinds, such as: legal binding, the binding force of religious norms, the binding force of moral norms, the binding force of norms formulated within certain industries, etc., in addition to legal binding, other norms, because there is no legal coercive force as a guarantee, so there are essential differences.

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

Article 72: The people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government and their standing committees may, on the basis of the specific conditions and actual needs of their respective administrative regions, formulate local regulations at the source, provided that they are not in conflict with the Constitution, laws, or administrative regulations.

The people's congresses and their standing committees of districted cities may, on the basis of the specific conditions and actual needs of the cities and on the premise that they are not in conflict with the Constitution, laws, administrative regulations, and local regulations of their own provinces or autonomous regions, formulate local regulations on matters such as urban and rural construction and management, environmental protection, and historical and cultural protection. Local regulations of cities divided into districts must be reported to the standing committee of the people's congress of the province or autonomous region for approval before they come into force. The standing committees of the people's congresses of provinces and autonomous regions shall review the legality of local regulations submitted for approval, and shall approve them within four months if they do not contradict the Constitution, laws, administrative regulations, or local regulations of the province or autonomous region.

When the standing committee of the people's congress of a province or autonomous region examines the local regulations of a districted city submitted for approval, and finds that they contradict the rules of the people of that province or autonomous region, it shall make a decision on how to deal with it.

In addition to the cities where the people of the provinces and autonomous regions are located, the cities where the special economic zones are located, and the larger cities that have been approved, the specific steps and time for other cities divided into districts to begin formulating local regulations shall be determined by the standing committees of the people's congresses of the provinces and autonomous regions by comprehensively considering the population number, geographical area, economic and social development, legislative needs, legislative capacity and other factors of the districted cities under the jurisdiction of the provinces and autonomous regions, and shall be reported to the Standing Committee of the National People's Congress and the National People's Congress for the record.

The people's congresses of autonomous prefectures and their standing committees may, in accordance with the provisions of paragraph 2 of this article, exercise the functions and powers of districted cities to formulate local regulations. The specific steps and time for autonomous prefectures to begin formulating local regulations are to be determined in accordance with the provisions of the preceding paragraph.

Local regulations that have been formulated by the cities where the people of the provinces and autonomous regions are located, the cities where the special economic zones are located, and the larger cities that have been approved shall continue to be effective if they involve matters beyond the scope of the second paragraph of this article.

Article 87: The Constitution has the highest legal effect, and all laws, administrative regulations, local regulations, autonomous regulations, and special regulations and rules must not contradict the Constitution.