Under what circumstances are the abolished documents used

Obsolete standard documents that have been abolished cannot be used anymore.

The repeal of a law refers to the absolute termination of the actual effect of the law, which is generally manifested as: the new law replaces the old law, and the old law is directly abolished. Therefore, the obsolete standard documents cannot be used anymore.

Execute the notification of the revocation of the old document by the new document, and the normal situation is to note the repeal content after the new document. The content format is to be implemented from the date of promulgation, or these provisions are to be implemented from the date of a certain year, month, and year; The original provision shall be repealed. Repeal is the effect of the abrogation of the document, that is, the annulment of the document.

It's not the same as when a file stops executing. 1. The repeal of a law is carried out in the following circumstances:

1) The law itself stipulates a period of validity, and at the end of the period, the law automatically terminates;

2) the law is made for a particular situation, and the law should be repealed as soon as the situation disappears;

3) Replace the old law with a new law. Article 57 of the Land Management Law of the People's Republic of China stipulates that this law shall come into force on January 1, 1987, and the Regulations on the Administration of Land for Building in Villages and Towns promulgated on February 13, 1982 and the Regulations on Land Requisition for National Construction promulgated on May 14, 1982 shall be repealed at the same time.

Some new laws do not explicitly provide for the repeal of the old law, but in accordance with the principle that "the new law is superior to the old law", the new law either completely replaces the old law, or only repeals the part of the old law that contradicts it.

For example, after the implementation of the Criminal Law of the People's Republic of China, the Regulations of the People's Republic of China on the Punishment of Counter-Revolutionaries promulgated on February 1, 1951 will be automatically repealed because it contradicts the Criminal Law.

Legal Analysis: Not as a legal basis.

Legal basis: Article 59 of the Legislation Law of the People's Republic of China The relevant provisions of this chapter shall apply to the procedures for amending and repealing laws. Where laws are amended, new legal texts shall be published.

If a law is repealed, it shall be promulgated by a presidential decree signed by ****, unless the law is repealed by other laws.

The validity period of the standard refers to the time from the date of implementation of the standard to the reconfirmation, revision or repeal of the standard review. According to the provisions of China's national standard management measures, our national standards are generally valid for 5 years.

According to the Standardization Law of the People's Republic of China.

After the implementation of the standard, the department that formulates the standard shall conduct a review in a timely manner according to the needs of the development of science and technology and economic construction, and confirm that the current standard continues to be valid or be revised or abolished.

In the repeal of laws, it is stipulated that a new legal document shall be formulated to replace the original legal document with the same content, so that the original legal document will naturally become invalid, and the standard document shall be the same as above.

Legal Analysis: Repeal is in fact a new document to replace it; The expiration date has expired.

Legal basis: Article 1260 of the Civil Code of the People's Republic of China: This Law shall take effect on January 1, 2021. The Marriage Law of the People's Republic of China, the Inheritance Law of the People's Republic of China, the General Principles of the Civil Law of the People's Republic of China, the Adoption Law of the People's Republic of China, the Guarantee Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Property Law of the People's Republic of China, the Tort Liability Law of the People's Republic of China, and the General Provisions of the Civil Law of the People's Republic of China shall be repealed at the same time.

1. The repeal of law refers to the absolute termination of the actual effect of the law, which is generally manifested as: the new law replaces the old law, and the old law is directly repealed. Therefore, the obsolete standard documents cannot be used anymore.

2. According to the provisions of the "Measures for the Administration of National Standards": after the implementation of national standards, according to the needs of the development of science and technology and economic construction, the competent department of the national standards shall organize relevant units to conduct reviews in a timely manner, and the review cycle shall generally not exceed 5 years.

3. The results of the national standard review shall be handled according to the following circumstances:

1) The national standards that do not need to be modified are confirmed to remain valid; Confirm the national standards that continue to be valid, and do not change the serial number and year number. When the national standard is reprinted, the words "year confirmed valid" should be written on the cover of the national standard and under the national standard number.

2) The national standards that need to be revised are included in the plan as a revision project. The sequence number of the revised national standard remains unchanged, and the year number is changed to the revised era number.

3) If there is no longer a necessary national standard, it shall be abolished.

No, if there is a new standard, of course, the new standard must be adopted.

22. Regarding the changes in land use tax, *** Ling [2006] No. 483, the document issued by Dalian City, Da Zheng Fa [2007] No. 74, shall be implemented from January 1, 2007 (changes in the payment of taxes for foreign capital, changes in fee standards). 23

Obviously, what has been abolished will definitely not be used.

What does it mean to repeal and invalidate.

Legal Analysis: Documentation annulment means that the document is no longer valid; Cancel completely, that is, the file is invalidated. Stopping the execution of a document means that the execution of a document is temporarily stopped due to special circumstances, and the execution of the file may continue after the special circumstances are resolved.

When a document or report is sent, multiple copies may be sent, and some of these units or individuals who have received the documents are directly related, and they are asked to handle it, ask them to approve it, and send it to these units or individuals, which is called the main delivery. Others don't handle or approve the work directly, but they need to understand it. The document is issued to them and is called a copy, and the person who receives the copy is not directly responsible for what is to be done.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 199:Where a party feels that a judgment or ruling that has already taken legal effect is in error, it may apply to the people's court at the level above for a retrial; In cases where one of the parties is large or both parties are citizens, an application may also be made to the original people's court for a retrial. Where parties apply for a retrial, enforcement of the judgment or ruling is not stopped.

Annulment documents refer to those official documents that no longer have any meaning, and there are three main categories:

These documents have been replaced by new normative documents;

These documents are phased policy measures;

The main content of these documents is inconsistent with current laws and regulations.

When a new document is issued, the old document or the document that contradicts the new document must be abolished, otherwise it may contradict each other and cause confusion.

It is an act of the State to revise or repeal previously issued documents in accordance with the needs of the development of the new situation.

Abolition of documents, there are many cases. The new document replaces the old document, the original document is revoked for violating the law, the original decision is revoked, and the old document is revoked with a new leader.

Article 33 of the "Regulations on the Handling of Official Documents of Party and Government Organs" The revocation and repeal of official documents shall be decided by the issuing organ, the organ at a higher level or the organ of power in accordance with the scope of authority and relevant laws and regulations.

Personally, I think it should be okay according to the above provisions.