Why should laws be made, and why should the state make laws

More than 100 years ago, Liang Qichao once said: "The origin of China's written law cannot be pinpointed, but thousands of years of thinking often regard law and order as the same thing." To this day, many people still regard laws and orders as the same thing in their bones.

Understanding the law from the perspective of command refers to the way in which the will of an individual or a certain group is conveyed in a way that has a vertical relationship between superiors and subordinates, has direct coercive force, and lacks an intermediate link or objective mechanism such as fair procedures, strict conceptual interpretation, and independent third-party adjudication between the commander and the ordered. Such laws are often changed overnight, and their binding force cannot be maintained for long.

What's more, this kind of law often evolves into a legitimate cloak of power, seeking benefits for personal selfish desires, and the law no longer becomes a transcendent thing that overrides the game of social life, but allows the game to be unfairly participated by another person in power. The real law is the result of taking into account the interests of all parties in the society, and it is independent in the social game and does not participate in the game.

At the same time, reasonable laws must be coercive, whether it is to the public or those who hold power, they have supreme authority, and all people must abide by the provisions of the law, including those who make and implement laws, otherwise they will inevitably be punished without escape.

In such an environment of the rule of law, the law is bound to improve the plight of prisoners.

Laws can be enacted, but they cannot be self-defeating. I don't need the law because I've always been conscious. The enactment of laws will only provoke more legal jokes (some people can be happy if they don't obey, and some people can't be happy if they obey it.) ）

Legal Analysis: Because law is enacted or approved by the state and enforced by the coercive power of the state, it reflects 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.

Legal basis: Article 3 of the Constitution of the People's Republic of China The principle of democratic centralism is practiced by the state organs of the People's Republic of China.

The National People's Congress and local people's congresses at all levels are democratically elected, accountable to the people, and subject to their supervision.

The administrative, supervising, adjudicating, and procuratorial organs of the state are all created by the people's congress and are responsible to it and subject to its supervision.

The division of functions and powers between local state organs and local state institutions follows the principle of giving full play to the initiative and enthusiasm of local governments under the unified leadership of the government.

The similarity between "enact" and "formulate" is that they are both verbs, and both have the meaning of creating and formulating. The difference is that "formulation" is a dynamic supplement type, and "formulation" is a joint type; "Formulation" focuses on making a final decision so that it is completely determined, while "formulation" focuses on creation, drafting and then formulation from scratch. "Formulation" is often matched with policies, decrees, guidelines, road and mountain covers, etc., and "formulation" is often matched with plans and programs.

Legal basis: Regulations of the People's Republic of China on Information Disclosure

Article 7: All levels of the people** shall actively promote information disclosure efforts, gradually increasing the content of information disclosure.

Article 8: All levels of people's government government shall strengthen the standardization, standardization, and informatization management of information resources, strengthen the establishment of Internet information disclosure platforms, promote the integration of information disclosure platforms and government service platforms, and increase the level of information disclosure.

Article 9: Citizens, legal persons, and other organizations have the right to supervise the work of administrative organs on information disclosure, and to make criticisms and suggestions.

1.The law provides certainty for man's behavior. The law is a kind of behavioral rules that most people will abide by, and these general behavioral rules are fixed, which is conducive to the consequences of people's own behavior in advance, properly arranging their own production and life, and reducing transaction costs.

2.The law represents a bottom-line rule and has coercive force as a guarantee to maintain the basic order. The law is not strong, and what can be prescribed as the law is mostly something that ordinary people can do, and therefore, the law is the bottom line of a person's behavior, and abiding by the law is a person's conscience.

3.The law establishes the boundaries of human freedom and demarcates the boundaries of the exercise of public power. Historical materialism tells us that there is no such thing as natural human rights, that rights should be a historical category, and that the laws of each era will establish the boundaries of a person's rights, but at the same time, the jurisprudence of the Enlightenment era tells us that the boundaries of public rights also need to be clearly defined, so that the law prohibits them without authorization.

4.Modern laws should protect the weak and suppress the strong. This is the natural function of modern law, which is often difficult to achieve in reality.

Consumers, workers, small and medium-sized enterprises, and other relatively vulnerable groups will be largely protected by legal paternalism against threats from the strong.

5.Modern laws should enhance the well-being of society as a whole. This is especially reflected in economic legislation such as market regulation and macroeconomic regulation and control.

To a large extent, these laws play the role of "planners", establishing the rules of behavior of market players, guiding the flow of resources and factors, and keeping society in a state of comprehensive and balanced coordination.

6.The law is an arena for various interests, which can buffer social contradictions and establish the results of staged struggles. The law is generally a conservative force, but this conservatism can largely act as a cushion to avoid frequent and fierce social struggles, and allow various interests to be placed and expressed.

7.The law should give people a certain sense of justice, and justice, to a large extent, means that it is accepted by people (voluntarily), and its meaning is not immutable. This kind of justice can ensure that filial piety and obstacles society will not fall apart, and it is the most basic component of society.

In general, the law is divided into property rights rules and transaction rules at the micro level, and regulation and regulation at the macro level, both of which are backed by public law safeguards. The role of micro security in ensuring that wealth creation in society is unbridled and macro in ensuring wealth distribution and social stability is not insignificant.

Legal Analysis: Laws are enacted by the National People's Congress and the Standing Committee of the National People's Congress.

Legal basis: Article 7 of the Legislation Law of the People's Republic of China The National People's Congress and the Standing Committee of the National People's Congress exercise the legislative power of the State. 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.